Terms and Conditions for Use of Content
Terms and Conditions for Use of Content
Before downloading content from the Local Democracy Reporter Service or News Hub, all partners must agree to the following Terms and Conditions for Use of Content.
The BBC may update these Terms from time to time on reasonable notice.
The following words shall have the given meaning in these Terms:
BBC means the British Broadcasting Corporation;
BBC's Editorial Guidelines means all relevant BBC guidelines and standards (including technical, editorial, online, branding and advertising, etc. and with particular reference to Sections 3, 4, 6, 7, 10, 14, 15 and 18 of the Editorial Guidelines) as amended from time to time located at http://www.bbc.co.uk/guidelines and http://www.bbc.co.uk/guidelines/futuremedia/accessibility/ (some information may, for security reasons, only be accessed by You using a password provided by the BBC) or any other URL of which the BBC informs You;
Content means each of Hub Content, Shared Data Content and LDRS Content;
Content System means the system for accessing Content hosted by the BBC or its subcontractor;
Editors Code of Practice means the code of the Independent Press Standards Organisation (IPSO) available at: https://www.editorscode.org.uk ;
Hub Content means audio and audio visual content created by the BBC and marked as such in the Content System;
IPR means copyright, patents, trade marks, service marks, design rights, registered designs, topography rights, database rights, rights of confidence, know-how, broadcast rights, goodwill and the right to sue for passing off and all other similar rights anywhere in the world, statutory or otherwise, whether or not registered and including applications for registration of any of them;
LDRS Content means text, images and audio visual content produced as part of the Local Democracy Reporting Service and marked as such in the Content System;
Licence Period means from the date of download of any Content until the BBC terminates these Terms in accordance with clause 9;
New Works means any new work created by You incorporating LDRS Content and/or Shared Data Content;
Shared Data Content means data sets and supporting material (such as raw audio visual, images, diagrams, graphs, case studies and supporting text), not finished stories, marked as “Shared Data Unit” in the Content System;
Syndicate means distribution (whether or not for consideration and whether or not via news agencies) of LDRS Content and New Works to third parties for copying, publication, transmission, making available and archiving in any media;
Terms means these terms and conditions;
Territory means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man;
Working Day means Monday to Friday, excluding weekends, public and bank holidays in the UK;
You means the organisation on whose behalf the Content was downloaded, including its employees, agents and officers, and Your shall have a corresponding meaning;
Your Online Branded Service means any website owned and operated by You featuring Your approved local news masthead’s editorial branding and any accounts on any third party social media platforms or apps carrying the corresponding branding where such account is operated by You provided such sites and accounts remain primarily targeted at audiences in the Territory; and
Your Service means any media service owned and operated by You featuring Your approved local news masthead's editorial branding, including any Your Online Branded Service.
For the purposes of these Terms, the words "includes" and "including" shall mean "including without limitation".
2 News Hub Content
2.1 The BBC grants You a non-exclusive, royalty-free, non-sub licensable right to:
2.1.1 access the Hub Content on the Content System during the Licence Period; and
2.1.2 copy, transmit, publish, make available and archive the Hub Content on Your Online Branded Services via online transmission only, during the Licence Period in the Territory. In the case of Hub Content which is audio or audio visual content, such use or publication must occur no later than one year from the date on which the BBC made such Hub Content available in the Content System.
2.2 The grant of licence in clause 2.1 is subject to such Hub Content being displayed with the BBC brand in accordance with the branding guidelines published by the BBC from time to time.
2.3 You shall not transmit any Hub Content via analogue or digital radio or television technologies.
2.4 You shall not use the Hub Content to intentionally misrepresent any BBC journalism.
2.5 You shall not edit any Hub Content (including alterations to format, sound levels, captions, etc) other than non-substantive edits to accommodate any changes in format (eg aspect ratio) or as strictly necessary to ensure such content complies with Your own content standards, subject always to clause 2.6.
2.6 You may not:
2.6.1 include any pre- or post- roll advertising with Hub Content;
2.6.2 overlay any advertising over Hub Content; or
2.6.3 display any Hub Content directly adjacent to any advertising in such a way as to suggest that advertising is associated with the Hub Content and not general site advertising.
No general site advertising should appear around or adjacent to the Hub Content so as to suggest an endorsement by the BBC of the advertised products or services.
2.7 Hub Content shall be used by You only as illustration or supplement to other content on Your Online Branded Service. Any text or other content published by You adjacent to, captioning or accompanying Hub Content:
2.7.1 must not misrepresent the Hub Content, and;
2.7.2 when specifically referring to the Hub Content, must only include information reasonably required to provide context and introductory information to the Hub Content.
3 Shared Data Unit Content
3.1 The BBC grants You a non-exclusive, royalty-free, non-sub licensable right to:
3.1.1 access the Shared Data Content on the Content System during the Licence Period;
3.1.2 copy and incorporate the raw data and information included in Shared Data Content into New Works and to transmit, publish, make available and archive such works on Your Services, and Syndicate such New Works, without restriction on use and re-use for such purposes in any media, during and after the Licence Period; and
3.1.3 (to the extent the Shared Data Content includes audio visual, images (including graphs and diagrams) or text) copy, edit, transmit, publish, make available and archive such Shared Data Content as part of New Works or display such videos or images with New Works on Your Services during the Licence Period, in the Territory.
3.2 You shall not identify the BBC as the source of the Shared Data Content in any published works, with the exception of graphs and diagrams which may include a footnote or caption “BBC Shared Data Unit”.
3.3 Any works that incorporate any Shared Data Content shall comply with journalistic best practice by meeting the requirements and expectations with both the BBC’s Editorial Guidelines and the Editors Code of Practice.
4 LDRS Content
4.1 The BBC grants You a non-exclusive, royalty-free, non-sub licensable right to:
4.1.1 access the LDRS Content on the Content System;
4.1.2 copy, edit, transmit, publish, make available and archive the LDRS Content on Your Services, during the Licence Period in the Territory.
4.2 In addition to the grant in clause 4.1, the BBC grants You a non-exclusive, royalty-free, non-sub licensable right to:
4.2.1 copy, edit and incorporate the LDRS Content into New Works during the Licence Period; and
4.2.2 transmit, publish, make available and archive such New Works on Your Services during and after the Licence Period, in any media in the Territory.
4.3 Any publication or transmission of LDRS Content in accordance with clause 4.1, shall carry an on air credit or by-line of “[name], Local Democracy Reporter” as the sole author.
4.4 Any publication or transmission of a work incorporating LDRS Content in accordance with clause 4.2, shall carry an on air credit or by-line of “[name], Local Democracy Reporter” as one of the contributing authors to the work.
You shall not use the LDRS Content to intentionally misrepresent any BBC journalism.
5 Ownership of Intellectual Property and Warranties
5.1 You acknowledge that the BBC shall retain all ownership of IPR in Hub Content, Shared Data Content and LDRS Content. You shall not syndicate any Content in an unaltered form to any third party service other than as part of a news clipping service.
5.2 The BBC acknowledges that, subject to the BBC’s rights in the Shared Data Content, You shall be the sole owner of all IPR in any New Works created by You in accordance with clause 3.1 and shall be entitled to distribute or Syndicate such works within the Territory.
5.3 You shall not Syndicate New Works incorporating LDRS Content or audio visual or images from Shared Data Unit Content (other than as part of a news clipping service) without entering into a commercial licence with the BBC or one of its subsidiaries on terms set by the BBC (acting reasonably).
5.4 To the best of the knowledge, information and belief of the BBC, the Content does not unlawfully:
5.4.1 infringe the IPR of any third party;
5.4.2 defame any third party; nor
5.4.3 infringe the rights of privacy or confidentiality (or similar rights) of any third party.
5.5 No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Content except to the extent that they are expressly set out in these Terms.
6 Tracking and Data
6.2 On request from the BBC, You shall provide reasonable usage data regarding the audience reach of the Content on Your Online Branded Services.
7 Territory and Use after the Licence Period
7.1 You shall ensure that Content is only published on Your Online Branded Services that are primarily targeted at audiences in the Territory.
7.2 To the extent that any Content has been published, or used in New Works published, by You during the Licence Period in accordance with these Terms, such Content may be:
7.2.1 archived by You either online or in physical media in perpetuity provided that such Content is not extracted or excerpted for archiving or used in new content;
7.2.2 excerpted in any end of year annual summary published or transmitted at the end of the calendar year it was published in; and
7.2.3 with respect to LDRS Content, where such LDRS Content remains relevant to an on-going story regarding a local democracy issue, extracted or reprinted in perpetuity in any new content covering that ongoing story in the same Your Service.
8.1 If the BBC reasonably determines that the use of any Content or part thereof may be:
8.1.1 in breach of a third party’s rights or otherwise unlawful;
8.1.2 in breach of the BBC Guidelines;
8.1.3 subject to a question or claim concerning any rights therein which makes withdrawal necessary or advisable, the BBC shall notify You not to use, and to return to the BBC or destroy such Content or applicable part thereof. Upon the receipt of any such notice from the BBC, You shall cease using such Content or applicable part thereof in any way, and shall return such Content or applicable part thereof to the BBC at Your expense or destroy such Content or applicable part thereof, as may be required by such notice. At the BBC’s request, You shall furnish the BBC with certified evidence of such destruction.
9.1 Notwithstanding anything else contained in these Terms, these Terms may in whole or in part be terminated by the BBC:
9.1.1 on giving You six months’ written notice;
9.1.2 immediately, if You commit a serious breach of this Agreement which is irremediable or which You do not remedy within five (5) Working Days of notice of such breach;
9.1.3 immediately, if You or Your subcontractors commit a breach of the Bribery Act 2010; or
9.1.4 immediately, if You are unable to pay the Your debts when they fall due, or You are otherwise deemed to be insolvent.
10.1 Neither party limits its liability for death or personal injury caused by that party’s negligence or wilful default, or for fraud.
10.2 Other than under clause 10.1, each party’s liability to the other under this Agreement shall not exceed an amount equal to £50,000 (fifty thousand pounds sterling) in the aggregate for the Licence Period.
10.3 Each Party warrants and undertakes that it (and its sub-contractors and agents if any) shall duly observe its obligations under the Data Protection Act 1998 and any superseding or amending legislation and all other current data protection legislation (including but not limited to the Privacy and Electric Communications (EC Directive) Regulations 2003) which is relevant to performance of its obligations under these Terms.
10.4 Nothing in these Terms shall prevent either Party from engaging in similar agreements with third parties before, during, or after the termination of these Terms.
10.5 These terms are the complete agreement between You and the BBC with respect to your use of the Content.
10.6 Any conflict between these Terms and any other document shall be resolved in favour of these Terms.
10.7 If You or the BBC waive(s) a breach or default by the other, such waiver shall not constitute the waiver of any subsequent breach or default.
10.8 If any provision of these Terms is held invalid by a court, such provision shall be omitted, but the remainder of these Terms shall continue to be binding upon You and the BBC.
10.9 Each of You and the BBC shall, and shall procure that its agents, employees and sub-contractors shall, do all things reasonably necessary, including obtaining any necessary licences, permissions and/or certificates and/or executing any additional documents and/or instruments, to give full effect to the provisions of these Terms.
10.10 These Terms do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to these Terms.
10.11 These Terms shall be governed by and in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the English courts.