British Library Terms and Conditions

Terms and Conditions for the British Library Intellectual Property Learning Website

The British Library Intellectual Property Learning Website is a website owned and operated by the British Library Board of 96 Euston Road, London NW1 2DB, United Kingdom, ("we" "us" and "our") whereby we provide an e-learning package designed to help you view, protect and develop your intellectual property (“the Service”). "You" and "your" shall mean you, whether an organisation or an individual, using the Service.

By using the Service, you agree to be bound by the terms and conditions below ("Terms and Conditions"), which are non-negotiable. These Terms and Conditions expressly incorporate by reference and include our Privacy Policy, and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. We may suspend access to the Service without prior notice if You breach any of these Terms and Conditions.

We reserve the right to change, modify, add or remove portions of these Terms and Conditions at our sole discretion at any time and without prior notice. Please check periodically for any modifications. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.

1. GRANT OF LICENCE AND USE OF THE SERVICE

1.1 We grant to you a non-transferable, non-exclusive licence to use the Service. This licence is personal to you and the grant does not include the right to grant sub-licences.
1.2 You shall ensure that your equipment and/or software used to access the Service shall not corrupt the Service.
1.3 Your use of the Service is restricted solely to the purposes set out in these Terms and Conditions. You shall not:
1.3.1 make any additions, deletions, modifications, adjustments or alterations to the Service;
1.3.2 attempt to rectify or permit any persons other than us or our agents to rectify any fault or inaccuracy in the Service;
1.3.3 use any equipment and/or software in a manner that is inconsistent with these Terms and Conditions;
1.3.4 permit equipment or software to be linked to or communicate in any manner with or be used in connection with any other service or website, whereby the information or material obtained from the Service or any part of it is being accessed, used, stored or distributed as the case may be, by or through such other service or website, equipment or software.
1.3.5 infringe or permit the infringement or otherwise prejudice our proprietary rights.

2. CHANGES TO THE SERVICE

2.1 We may make additions to, deletions from or otherwise change the Service (including features) without notice.
2.2 We will give advance notice of any change at our discretion. All such changes shall be effective immediately when published by us.

3. ACCESS

3.1 Subject to clauses 3.2 and 3.3, we shall provide access to the Service and a technical helpdesk (“the Helpdesk”), at the times set out in the attached Schedule.
3.2 We shall notify the days or periods during which the Service shall not be available. Such notification shall be given via the “Planned Maintenance” notification window within the Service.
3.3 We reserve the right to withdraw the Service in part or in full at any time without prior written notice.
3.4 You will be responsible for making the necessary arrangements for access to the Service and for ensuring that all requirements, legal and technical, are complied with. We may provide such assistance as we consider reasonable where difficulties are encountered.

4. LIABILITY

4.1 We will make all reasonable efforts to ensure that the information provided is free of errors and up to date, but we make no warranties or representations regarding its accuracy, currency, completeness or fitness for purpose and we disclaim any liability for any damages incurred in connection with the use of the Service.
4.2 You acknowledge that the use of the Service requires you to use your own skill and judgement and you accept that we shall have no liability in respect of any third party claims.
4.3 We shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage sustained by you or others directly or indirectly making use of the Service, including but not limited to any loss or damage resulting as a consequence of any defects, delays, interruptions or failures or inaccuracies or errors in the Service, and specifically exclude liability for the same to the fullest extent permitted by law.

5. INDEMNITY

5.1 You undertake to indemnify us and keep us indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of:
5.1.1 access to and/or use of the Service (other than as permitted by these Terms and Conditions) by you.
5.1.2 any information, data or material produced by you obtained in whole or in part from the Service;
5.1.3 any breach by you of any of these Terms and Conditions or any schedule attached or adopted as relative hereto.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All rights in the Service are our property. All rights reserved. You shall not abuse or permit the abuse of such copyright without our prior written consent.
6.2 You must not use or adopt any trade mark, trade name, logo or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name or commercial designation used by us without our prior written consent.

7. CONFIDENTIAL INFORMATION

7.1 We regard the information and facilities available from the information relating to the Service as confidential to us. You hereby agree that you will use such confidential information solely for the purposes set out herein and shall not disclose, whether directly or indirectly, to any third party such information other than as required to carry out the purposes set out herein.
7.2 You acknowledge and accept that, in order to perform our obligations under these Terms and Conditions, it will be necessary for us to hold information relating to you.

7.3 In respect of such information, we undertake that:

11.2.1 it shall be obtained, held and processed only for the specified purposes of these Terms and Conditions;
11.2.2 it shall not be further processed in a manner incompatible with those purposes;
11.2.3 it will be accurate and where necessary kept up to date;
11.2.4 it will not be kept for longer than is necessary for the discharge of our functions under these Terms and Conditions;
11.2.5 it shall not be disclosed to any third party, other than for a ‘permitted disclosure’ as defined by the Data Protection Act 1998.

7.4 You acknowledge that we are subject to the requirements of the Freedom of Information Act, 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation, and the Environmental Information Regulations 2004, and shall assist and cooperate with us to enable us to comply with these information disclosure requirements.

8. FORCE MAJEURE

8.1 We shall not be liable for:
8.1.1 failure, interruption, delay or any other matters of the nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes;
8.1.2 fire, explosion, earthquake, acts of God, flood, drought or bad weather;
8.1.3 the failure of the Service or the equipment or software;
8.1.4 interruption to the Service or problems associated with transmission or access by/to the Service;
8.1.5 the unavailability of material or information for or to update the Service or any related software;
8.1.6 the requisitioning or other act or order by any government department or other constituted body.
8.2 In the event of a failure of the Service, we shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure at the earliest possible opportunity. In the event that any circumstances covered by this clause cannot be rectified or remedied or continues for a period of six months or more we may terminate the Service immediately without liability for such termination.
8.3 You must not assign or otherwise dispose of your rights under these Terms and Conditions without our prior written consent.

9. GOVERNING LAW AND VENUE

9.1 These Terms and Conditions shall be governed by and construed in accordance with English law. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts of England and Wales.
December 2007

AVAILABILITY SCHEDULE:

* All times are UK local time.
* No Service on English public/bank holidays. (Dates of English public/bank holidays are available at http://www.dti.gov.uk/employment/bank-public-holidays/index.html)
* Available by telephoning 020 7582 3309 or via email by clicking here.
The Service may occasionally be taken offline for essential maintenance etc.Notification shall be given via the “Planned Maintenance” notification window within the Service.

© The British Library Board