Terms and Conditions of Use of British Library Direct
British Library Direct (hereinafter the "Service") is a service owned and operated by the British Library Board, 96 Euston Road, London NW1 2DB, United Kingdom ("we", "us" or "our" as the context requires) that provides access to our electronic tables of journal contents database and document ordering and delivery service.
You agree to abide with all of the following Terms and Conditions under which the Service is offered, which is non-negotiable. We may suspend your access to the Service without prior notice if you are in breach of any of these Terms and Conditions. These Terms and Conditions expressly include our Privacy Policy and General Conditions of Sale and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. You also agree that, if you are using the Service on behalf of another individual, you will make that individual aware of these Terms and Conditions and that such individual(s) shall agree to be bound by the Terms and Conditions contained herein. In the event of any conflict between the Privacy Policy, the General Conditions of Sale or these Terms and Conditions then the last shall prevail.
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 this page periodically for any modifications. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.
We reserve the right to refuse access to the Service, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you. We may suspend your access to the Service without prior notice if you are in breach of any of these Terms and Conditions.
Grant of Licence and Use of Data
All content in the Service, including but not limited to, site layout, design, images, programs, text, bibliographic records, documents and other information (collectively, the "Content"), is either our property or that of other rightsholders, licensors or publishers (collectively, "Rightsholders") who have licensed us to use the Content, and is protected by applicable copyright and other intellectual property laws.
We grant you a non-transferable, non-exclusive licence to access the Service and use the Content in accordance with these Terms and Conditions. The licence is personal to you and the grant does not include the right to grant sub-licences.
You may print or download Content from the Service for your own personal use, provided that you keep intact all copyright and other proprietary notices.
You may not:
- engage in systematic retrieval of Content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from us;
- add, copy, delete, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from the Service in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions;
- attempt to rectify, or permit any person other than us or our agents to rectify, any fault or inaccuracy in the Content
- infringe or permit the infringement or otherwise prejudice the proprietary rights of us or the Rightsholders.
The Service may contain robot exclusion headers, and you agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to access, search, index, monitor or copy any Content, including but not limited to harvesting other's postal or email addresses from the Service for purposes of sending unsolicited or unauthorized commercial material. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to the British Library Direct Helpdesk.
Trademarks
Any trademarks appearing on the Service are the property of their respective owners.
Registration
If you register to use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Any of the information provided can be accessed and updated via the British Library Direct homepage.
We reserve the right to refuse access to the Service, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Document Ordering
All documents are supplied under licences from Rightsholders or their agent(s). We will charge a publication-specific copyright fee as set by the Rightsholder or their agent on all documents supplied in whatever format. Not all of the material in our collection is covered by such licences. Details of the specific copyright fees and excluded titles are available at www.bl.uk/catalogues/serials.html. The copyright fee will be in addition to any service or delivery charges for the supply of the document. VAT will be charged where applicable. We will not supply material in our collection that is not covered by a licence. If payment is by means of a credit or debit card the provisions as stated in our Privacy Policy will apply.
Orders for documents cannot be cancelled after they have been submitted. In the event that an incorrect item is supplied, if you have supplied us with:
(a) incorrect bibliographic
information, we reserve the right to charge the full price of the requested
item(s);or
(b) correct bibliographic
information, the full cost of the item(s) will be refunded.
Supply of Documents
Documents are supplied from an electronic store or are scanned from a paper or microform original, under licence from Rightsholders. The Rightsholder cannot be held responsible for any errors resulting from the scanning process.
The contents of documents supplied are copyright works. Unless you have the permission of the Rightsholder, the Copyright Licensing Agency Ltd or another authorised licensing body, you may not copy, store in any electronic medium or otherwise reproduce or resell, any of the Content, even for internal purposes, except as may be allowed by applicable law unless the document was supplied by electronic delivery or immediate delivery in which case a single copy may be printed (which may itself not be further copied).
If the document was supplied by electronic delivery, it must be downloaded from our secure server within 14 days of us sending you a notification email. The document can be accessed only once.
Some documents supplied by electronic delivery and immediate delivery can be stored locally on a hard drive for up to 3 years from the time and date given on the email notification or downloading, others will expire sooner. In all instances only one printed copy may be made. After 3 years, or sooner for some documents, view and print permissions will expire and you will no longer be able to open the document.
Access
We aim to keep the Service available for searching, ordering and immediate download of documents twenty-four (24) hours a day, seven (7) days a week; other forms of document delivery will be available during normal operating hours. We also aim to maintain any saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. We shall not be liable for lost information or non-availability of the services.
We shall notify the days or periods during which the Service shall not be available for access. Such notification shall be given via the British Library Direct home page or by such other means as we may determine.
You are 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 via the the British Library Direct HelpDesk.
Disclaimer of Warranties and Liability
We will make all reasonable efforts to ensure that the information provided is free of errors and up to date. Neither we nor the Rightsholders shall 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 Content including, but not limited to, any loss or damage resulting as a consequence of any defects, delays, interruptions or failures in the Service or inaccuracies or errors in the Content, and we specifically exclude liability for the same to the fullest extent permitted by law.
Neither we nor the Rightsholders make any warranty or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose) whatsoever, including without limitation:
- that defects will be corrected;
- that the Service, including the server that makes it available, is free of viruses or other harmful components;
- as to the results that may be obtained from use of the Content or other materials on the Service; or
- as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Service;
all of which we disclaim to the fullest extent permitted by law.
To the extent permissible under applicable laws, neither we nor the Rightsholders shall be liable to you or anyone else for any loss, injury and/or damage to any third party or property caused in whole or part by:
- product liability;
- any use or operation of any ideas, instructions, methods, products or procedures contained in the Service;
- third party negligence or contingencies beyond their control in procuring, compiling, interpreting, reporting or delivering information made available through the Service.
Your use of the Service is at your sole risk and you acknowledge that the use of the Content requires you to use your own skill and judgement and you accept that neither we nor the Rightsholders shall have any liability in respect of any third party claims or legal action arising from use of the Content.
Indemnification
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 any breach by you of any of these Terms and Conditions.
We will indemnify you in respect of all reasonable and proper legal costs, expenses and damages (and ex gratia payments made with our prior written consent) against any claim by a third party against copyright infringement as a result of any documents supplied under licence by us, provided that:
(a) you inform us in writing immediately of receiving such
a claim;
(b) you have not modified the supplied document in any way;
(c) you have not
made any admission, offer, promise, payment or indemnity on our behalf without
our prior written consent;
(d) you have not
incurred any legal costs nor settled, compromised or otherwise disposed
of any such claims without our prior written consent; and
(e) services to
you had not been suspended by us at the time of the claim.
Governing Law and Venue
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 English courts.
April 2005
