RSS FEED STANDARD LICENCE TERMS

By downloading a BBC Worldwide ("BBCW") RSS Feed ("RSS Feed") from this Site you agree to be bound by the terms set out below (the "RSS Licence Terms"). These RSS Licence Terms  may be updated from time to time. Please review these terms  each time you download a RSS Feed.

Your download and/or use of a RSS Feed indicates your acceptance of these RSS Licence Terms .

1.    Licence

1.1    Subject to the terms of this Agreement, BBCW grants you a non-transferrable, non-sublicensable, royalty-free non-exclusive licence to display on your website ("Display Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from BBCW via the RSS Feed ("BBCW Content").

1.2    All title, ownership rights and intellectual property rights in and to the RSS Feed shall remain the property of BBCW.

1.3    Nothing in these RSS Licence Terms grants you any right to use any BBC or BBCW trade mark on your Display Site or elsewhere.

2.    Use of BBCW Content

2.1    You may not use the RSS Feed or display any BBCW Content on any Display Site that is excluded by BBCW (see clause 7 below for the list of Excluded Websites, which may be amended by BBCW from time to time).

2.2    YOU MUST ENSURE THAT ALL BBCW CONTENT ON YOUR DISPLAY SITE HAS AN ACCREDITATION TO BBCW IN ACCORDANCE WITH THE BBCW ACCREDITATION GUIDELINES (SEE CLAUSE 8 BELOW FOR BBCW ACCREDITATION RULES, WHICH MAY BE AMENDED BY BBCW FROM TIME TO TIME).

2.3    YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING BBCW CONTENT, OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE BBCW CONTENT IN ANY WAY.

2.4    Where possible you must create a functional link back to the Site summarised by the BBCW Content. If you are displaying the RSS Feed where a functional link back to the Site is not possible, you must display on-screen the URL from which the BBCW Content can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of the BBCW Content or any content on the Site nor place any full-story BBCW Content in an HTML frame-set.

2.5    You may not directly or indirectly suggest any endorsement or approval by BBCW of your Display Site or any non-BBCW entity, product or content or any views expressed within your Display Site or service.

2.6    You acknowledge that BBCW has absolute editorial control over all BBCW Content and you accept that BBCW is editorially independent and that the editorial integrity of the BBCW Content is the sole responsibility of BBC Worldwide.

2.7    Should you receive any enquiries which relate to BBCW or the BBCW Content you should promptly refer such enquiries to loveearth@bbc.co.uk.

3.    Warranties & Liability

3.1    You warrant to BBCW that:

(i)    you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

(ii)    the Display Site shall contain no material which is libellous, defamatory, pornographic, obscene or otherwise offensive, which brings the BBC or BBCW into disrepute, or which is in breach of any third party intellectual property rights; and

(iii)    users of the Display Site shall be required to comply with terms that are equivalent to the RSS Licence Terms  in relation to their use of BBCW Content.

3.2    THE RSS FEED IS MADE AVAILABLE BY BBCW ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BBCW GIVES NO WARRANTY OF ANY KIND IN RELATION TO THE RSS FEED, THE BBCW CONTENT, OR ANY CONTENT ON THE SITE. BBCW DISCLAIMS ALL 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 BBCW CONTENT, THE RSS FEED AND THE SITE AND ANY CONTENT THEREON.

3.3    TO THE MAXIMUM EXTENT PERMITTED BY LAW BBCW EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE RSS FEED, THE BBCW CONTENT OR ANY CONTENT ON ANY BBC WORLDWIDE WEBSITES, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF BBCW CONTENT.

4.    Indemnity

4.1    You hereby agree to indemnify, hold harmless and defend BBCW 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 RSS Licence Terms  or otherwise in connection with your use of the RSS Feed (including the BBCW Content).

5.    Termination


5.1    You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the RSS Feed (including the BBCW Content) from your Display Site, all hard drives, networks and other storage media.

5.2    BBCW may restrict, suspend or terminate the RSS Feed, these RSS Licence Terms, the licence granted herein or your access to the RSS Feed at any time without liability. You agree to destroy all copies of the RSS Feed (including the BBCW Content) upon receiving notice of termination from BBCW.

5.3    Clauses 3, 4 and 6 shall survive termination of this Agreement.

6.    General

6.1    Each provision of these RSS Licence Terms operates separately in itself and survives independently of the others.

6.2    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.

6.3    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.

6.4    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.

6.5    This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

7.    Excluded Websites

7.1    RSS Feeds and BBCW Content may only be displayed on Display Sites that do not fall into any one or more of the categories listed below.

7.2    A Display Site will be deemed to fall within one of the following categories where there is a material and prominent section of the Display Site that falls within such category.
(a)    websites that incite hatred, whether based on race, religion, gender, sexuality or otherwise, or that promote encourage or facilitate anti-social behaviour;
(b)    websites that promote, encourage or facilitate violence;
(c)    websites that promote, encourage or facilitate terrorism or other activities that risk national security;
(d)    websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
(e)    websites that promote, facilitate or encourage illegal activity;
(f)    websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under applicable law;
(g)    websites which infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of the BBC's Producers Guidelines.

1.    Accreditation

8.1  All RSS Feeds or BBCW Content on your site must incorporate an attribution (ie credit) to the BBCW supplier in one of the following forms:


•    "From www.loveearth.com" or

•    "This content is from www.loveearth.com".

8.2  You may not use any BBC or BBCW logo or other BBC or BBCW trade mark.

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