Terms and Conditions
Widget and RSS Terms and Conditions
By downloading a RSS Feed ("BBCM Feed") from BBC Magazines Limited ("BBCM") or by otherwise adding our widgets to a website you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by BBCM from time to time.
Your download and/or use of the BBCM Feed and/or widgets indicates your agreement to these terms and conditions.
Subject to the terms of this Agreement BBCM grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the active links or other source identifiers and other information or materials that you specifically select to receive either from BBCM via the BBCM Feed or via our widgets ("BBCM Content").
All title, ownership rights and intellectual property rights in and to the widgets, BBCM Feed and BBCM Content shall remain the property of BBCM or its licensors.
Use of BBCM Content
You may not use the widgets, BBCM Feed or display any BBCM Content on any Site that is a web site that is excluded by BBCM (scroll down for the list of "Excluded Websites" as may be amended by BBCM from time to time).
YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING BBCM CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE BBCM CONTENT IN ANY WAY. BBCM FEEDS AND/OR WIDGETS MAY NOT BE USED IN CONNECTION WITH COMMERCIAL ACTIVITIES.
You may not directly or indirectly suggest any endorsement or approval of your Site by BBCM or any non-BBC entity, product or content or any views expressed within your site or service. You may not directly or indirectly change, edit, add to or produce summaries of the BBCM Content or any content on the Site nor place any full-story BBCM Content in an HTML frame-set.
You acknowledge that BBCM has absolute editorial control over all BBCM Content and you accept that the BBCM is editorially independent and that the editorial integrity of the BBCM Content is the sole responsibility of the BBCM.
Warranties & Liability
You warrant to BBCM that:
you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the BBCM into disrepute, or which is in breach of any third party intellectual property rights; and
users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of BBCM Content.
The widgets and BBCM Feed are made available by BBCM on an "as is" and "as available" basis and the BBCM gives no warranty of any kind in relation to the widgets, any third party software or services used in providing the widgets, the BBCM Feed, the BBCM Content, or any content on the BBCM website. To the maximum extent permitted by law BBCM disclaims all express and implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the widgets, BBCM Content, the BBCM Feed and the BBCM website and any content thereon. You understand and agree that you use the widget or BBCM Feed at your own discretion and risk that you will be solely responsible for any business interruption or damages to computer systems or loss of information or data that results from your use of the widgets or BBCM Feed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW BBCM EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE WIDGETS, ANY THIRD PARTY SOFTWARE OR SERVICES USED IN PROVIDING THE WIDGETS, THE BBCM FEED, THE BBCM CONTENT OR ANY CONTENT ON THE BBCM WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF BBCM CONTENT. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON A WIDGET, BBCM FEED FROM INABILITY TO USE THE WIDGETS OR BBCM FEED, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET OR BBCM FEED (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
Each provision of this Clause 3 operates separately in itself and survives independently of the others.
You hereby agree to indemnify, hold harmless and defend BBCM in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the widgets, BBCM Feed and BBC Content.
You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the widgets, BBCM Feed and all BBCM Content from your Site, all hard drives, networks and other storage media.
BBCM may restrict, suspend or terminate the BBCM Feed, this Agreement, the licence granted herein or your use or access to the widgets, BBCM Feed or BBCM Content at any time without liability. You agree to destroy all copies of the widgets, BBCM Feed and all BBCM Content upon receiving notice of termination from BBCM.
Clauses 3, 4 and 6 shall survive termination of this Agreement.
Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.
This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.
Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.
A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.
Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
Sites that promote, encourage or facilitate violence
Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
Sites that promote, facilitate or encourage illegal activity
Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law
Sites which infringe individual privacy.