A)T&C of Use
B)T&C for Contributors
A) Terms and Conditions of Use
When you “USE” “ENTRIES” from the on-line “CONTENT MANAGEMENT SYSTEM” for “OBJECT RETRIEVAL”, you agree to the terms and conditions of use detailed below.
For the purpose of interpreting this document, the following definitions shall apply:
(a) “CONTENT MANAGEMENT SYSTEM” means the collection of ENTRIES in machine readable format created, modified, enhanced or edited by official employees of OBJECT RETRIEVAL and to which you have access under these Terms and Conditions of Use.
(b) "DOWNLOAD" means the production, or the production and storage, of a paper or electronic copy of an ENTRY by you solely for NON-COMMERCIAL USE, and 'DOWNLOADING' and 'DOWNLOADED' shall be construed accordingly.
(c) "ENTRY" means, as appropriate, a complete machine-readable article, paper, image, table of data, audio recording, video recording or other manifestation of data collection or other bibliographical item contained in the CONTENT MANAGEMENT SYSTEM.
(d) "USE" means to access, download, produce, or produce and store, a paper or electronic copy of an ENTRY by you solely for NON-COMMERCIAL USE and 'USING' and 'USED' shall be construed accordingly.
(e) "NON-COMMERCIAL USE" means use solely for the purposes of resource discovery, learning, teaching, academic research or private study and specifically excludes transmission, selling on, redistribution or circulation within or outside your organisation, but nothing in this definition shall preclude you from citing a RECORD in a scholarly publication, or from citing a RECORD in material used in your own teaching or for teaching within your own institution.
(f) “OBJECT RETRIEVAL” means Joshua Sofaer, Simon Gould and individually appointed agents working under the instruction of Joshua Sofaer and Simon Gould.
2. GRANT OF LICENCE AND USE OF THE RECORDS
2.1 OBJECT RETRIEVAL grants you a non-transferable, non-exclusive licence to access the CONTENT MANAGEMENT SYSTEM and DOWNLOAD ENTRIES. The licence is personal to you and the grant does not include the right to grant sub-licences.
2.2 You shall use the ENTRIES and the information available or obtained from the ENTRIES solely for resource discovery, or for personal use for the purposes of learning and teaching, academic research or private study.
2.3 You may print out and save the ENTRIES, but your attention is drawn specifically to Clause 8 of these Terms and Conditions.
2.4 You acknowledge that the use of the ENTRIES requires you to use your own skill and judgement and you accept that neither OBJECT RETRIEVAL nor any contributor to the data shall have any liability in respect of any third party claims.
2.5 You accept that any ENTRY is for use by yourself or by you within your organisation solely for NON-COMMERCIAL USE.
2.6 You shall ensure that your equipment and/or software used to access the CONTENT MANAGEMENT SYSTEM shall not corrupt the CONTENT MANAGEMENT SYSTEM or the ENTRIES.
3. PROHIBITED USES
3.1 Your use of the ENTRIES and the CONTENT MANAGEMENT SYSTEM is restricted solely to the purposes set out in Clause 2 of these Terms and Conditions. You shall not:
3.1.1 Make any deletions, modifications, adjustments or alterations to existing ENTRIES or the CONTENT MANAGEMENT SYSTEM
3.1.2 Attempt to rectify or permit any persons other than OBJECT RETRIEVAL or its agents to rectify any fault or inaccuracy in the ENTRIES or the CONTENT MANAGEMENT SYSTEM;
3.1.3 Infringe or permit the infringement or otherwise prejudice the proprietary rights of OBJECT RETRIEVAL or of any party contributing to the CONTENT MANAGEMENT SYSTEM;
3.1.4 Use any equipment and/or software in a manner that is inconsistent with these Terms and Conditions;
3.1.5 link your own database or any equipment, software or service to the CONTENT MANAGEMENT SYSTEM so that the ENTRIES can be accessed, used, stored or distributed as the case may be, by or through such other database or its equipment, software or service without the written permission of OBJECT RETRIEVAL and of rights holders.
3.2 Other than with the prior written consent of Object Retrieval and of rights holders, you are expressly prohibited from using the CONTENT MANAGEMENT SYSTEM for the purposes of:
3.2.1 reproducing, retransmitting, distributing, redistributing, disseminating, selling, publishing, broadcasting or circulating the ENTRIES by any means whatsoever, except as provided in Clause 2;
3.2.2 allowing access to the DOWNLOADED ENTRIES to any third party.
4. CHANGES TO THE SERVICE
4.1 OBJECT RETRIEVAL may make additions to or deletions from the CONTENT MANAGEMENT SYSTEM without notice.
5.1 OBJECT RETRIEVAL and all contributors to the database will make all reasonable efforts to ensure that the information provided in the ENTRIES is free of errors and up to date, but they give no guarantees as to the accuracy of that information or its fitness for any purpose whatever.
5.2 OBJECT RETRIEVAL and the contributors to the CONTENT MANAGEMENT SYSTEM 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 ENTRIES or the CONTENT MANAGEMENT SYSTEM, 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 ENTRIES or the CONTENT MANAGEMENT SYSTEM, and specifically excluding liability for the same to the fullest extent permitted by law.
6.1 You undertake to indemnify and keep indemnified at all times OBJECT RETRIEVAL and all contributors to the CONTENT MANAGEMENT SYSTEM against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by OBJECT RETRIEVAL and the contributors to the CONTENT MANAGEMENT SYSTEM directly or indirectly in respect of any breach by you of any of these terms and conditions.
7. SUSPENSION OF SERVICE
7.1 OBJECT RETRIEVAL may suspend your access to the CONTENT MANAGEMENT SYSTEM without prior notice if you have broken any of the terms and conditions of use.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Any rights that subsist in the ENTRIES remain the property of OBJECT RETRIEVAL or of other rights holders. All rights reserved.
8.2 You agree not to remove, deface, or amend any statement of rights on an ENTRY.
B) Terms & Conditions for Contributors
1. Object Retrieval is a project created by artist Joshua Sofaer and curator Simon Gould at University College London (UCL), funded by the Wellcome Trust and UCL. For these terms & conditions for contributors, Object Retrieval refers specifically to the project’s online database and content management system and any directly associated print publications.
By contributing to Object Retrieval, you will retain copyright in your Contribution and offer it to Object Retrieval on a non-exclusive basis, meaning that you may freely re-use your Contribution elsewhere. You will simply be giving Object Retrieval the permission to use your Contribution in print and online for the project. This document is designed to protect your Contribution by clearly establishing who owns the copyright at the outset and sets the parameters for how your Contribution can be used by readers.
Object Retrieval can only accept contributions from contributors who have read these terms & conditions for contributors.
Contribution means the Contributor’s past, present and future contributions, be they copyright works, submitted to Object Retrieval for possible publication.
Copyright means the entire right, title and interest in the copyright, design right, database right, reproduction and distribution right in the Contribution throughout the world for the full term of copyright, design right, database right and all renewals or extensions of such rights.
3. GRANT OF RIGHTS TO Object Retrieval
3.1 In consideration for possible publication in Object Retrieval the Contributor (‘You’) grant to Object Retrieval a worldwide, irrevocable, non-exclusive, perpetual, royalty-free right and licence to include Your Contribution in Object Retrieval. This licence includes the use, reproduction, display and distribution of the Contribution in both the print and online versions of Object Retrieval.
3.2 Copyright in the Contribution will remain with You, save for others’ rights in third party materials You include in Your Contribution.
3.3 Should Your Contribution not be published in Object Retrieval for any reason, the licence You grant in 3.1 ceases to have any effect.
4. EDITORIAL AMENDMENTS TO YOUR CONTRIBUTION
4.1 Object Retrieval retains the right to edit or cut pieces submitted. However, Object Retrieval undertakes to return the amended Contribution to You to check for accuracy before publication.
5. MORAL RIGHTS
5.1 If Your Contribution is published in Object Retrieval, You assert Your moral right to be identified as the author of the final published version of the Contribution.
You warrant to Object Retrieval that both at the time of submission and at the time of publication if published:
a) Originality of Your Contribution - The Contribution is Your original work and You are the sole owner of Copyright in the Contribution;
b) Inclusion of Others’ Materials - You have obtained all necessary permissions from relevant rights holders for use of any in-copyright third party materials included in Your Contribution that do not fall within a legally recognised permitted act or exception/defence to copyright infringement such as ‘fair dealing for the purposes of criticism or review’ (please attach evidence of this);
c) Inclusion of Your Own Previously Published Materials - You have obtained the necessary permissions from the publisher(s) of any work(s) that you have included in Your Contribution that You have authored and have previously assigned or licensed to Your publisher(s) on an exclusive basis, or Your publisher(s) has waived such rights (please attach evidence of this);
d) Other agreements - The grant of rights to Object Retrieval will not infringe the rights of any other person or constitute a breach of any other agreement, including any confidentiality or publication restriction provisions in agreements governing your research or work; and
e) No defamation or falsehoods - The Contribution contains nothing that is defamatory, false, misleading or deceptive.
7. OTHERS’ RIGHTS TO USE YOUR CONTRIBUTION
7.1 Should Your Contribution be published in Object Retrieval, You understand and agree that the Contribution may be distributed in print form and posted on a public access internet site.
7.2 You understand and agree that the licence You grant to Object Retrieval in Clause 3.1 does not affect any rights that a reader/end-user of Object Retrieval may have in using Your Contribution under applicable law, specifically those acts permitted under the Copyright, Designs and Patents Act 1988, including ‘fair dealing for the purposes of criticism and review’ and for the purposes of private study and non-commercial research.
7.3 You agree that Object Retrieval will exercise best endeavours to forward any requests for further reproduction or for commercial publication of your Contribution it receives from third parties. In any event, You agree that Object Retrieval shall not be responsible to You if a third party reproduces the Contribution or otherwise infringes Your rights without the University’s permission.
8. PARTNERSHIP OR AGENCY
8.1 Nothing in these terms & conditions shall be construed as constituting a partnership between the Parties nor the relationship of principal and agent.
9. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
9.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms & conditions and nothing in these terms & conditions shall confer or purport to confer on or operate to give any third party any benefit or any right to enforce any term of these terms & conditions.
10. GOVERNING LAW
10.1 This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English courts.