UK Location Metadata Editor Terms and Conditions (August 2012) v1.0

Terms of Service

This page (together with the documents referred to on it) contains the terms of use on which you may use UK Location Metadata Editor and the Resources and Contributions contained therein. Please read these Terms of Service carefully before you use UK Location Metadata Editor. By using UK Location Metadata Editor in any way, you agree to be bound by these terms, which shall take effect immediately on your first use of UK Location Metadata Editor. If you do not agree to these Terms of Service, please refrain from using UK Location Metadata Editor.

1. Introduction

1.1 These terms of Service apply to the Service constituted by the UK Location Metadata Editor website and associated materials. UK Location Metadata Editor was sponsored by the UK Location Programme via Defra and the Cabinet Office.

From the 1st July 2014 UK Location Metadata Editor will be run solely from EDINA, University of Edinburgh and will be the UK Location Metadata Editor Service Provider.

1.2 The purpose of UK Location Metadata Editor is to provide a means for the easy creation, validation and maintenance of UK GEMINI and INSPIRE compliant geospatial metadata.

1.3 EDINA reserves the right to disclose criminal activity (e.g. breach of the Computer Misuse Act 1990) to the relevant authorities.

1.4 UK Location Metadata Editor is made available free of charge to all users and its use is subject to these Terms of Service.

1.5 EDINA may update these Terms of Service from time to time. Changes will have immediate effect from the date of posting on this website. All Users should therefore review these Terms of Service regularly. A User's continued use of UK Location Metadata Editor after changes have been made will be taken to indicate that they have accepted and are bound by the updated Terms of Service.

1.6 Information and content available in UK Location Metadata Editor is provided in English, which is the home language of UK Location Metadata Editor.

2. Conditions of Use of UK Location Metadata Editor

2.1 Users may:

2.1.1 access and use UK Location Metadata Editor; and,

2.1.2 use the Resources available via UK Location Metadata Editor subject to the terms cited herein.

2.2 The Service Provider may at any time, without notice, revoke the rights granted in these Terms of Service.

2.3 The Service Provider reserves the right to withdraw or amend the UK Location Metadata Editor service without notice. The Service Provider will not be liable if for any reason the UK Location Metadata Editor site is unavailable at any time or for any period. From time to time, the Service Provider may restrict access to some parts of the UK Location Metadata Editor site, or the entire UK Location Metadata Editor site, to Users.

3. Submission of Resources to UK Location Metadata Editor

3.1 By submitting any Resource to UK Location Metadata Editor you confirm that:

3.2.1 it is not defamatory or obscene;

3.2.2 it is not in any way illegal and does not infringe any law or any person's rights;

3.2.3 it is your own work or you have the permission of the copyright holder (if applicable) to publish it in UK Location Metadata Editor and it can lawfully be published in UK Location Metadata Editor;

3.2.4 if you have included any material owned by a third party, you have properly attributed that party and you have secured the permission of that party to include their material so that it may be used in the manner described in these Terms of Service and in the Relevant Licence that you have selected;

3.2.5 the Resource is not, as far as you are aware, the subject of any dispute or court proceedings.

These terms imply no transfer of copyright and this permission is not exclusive. The copyright owner may continue to distribute or licence their content in any way.

3.3 The Service Provider cannot promise nor guarantee that any or all of the Resources or Contributions submitted to UK Location Metadata Editor will be published through UK Location Metadata Editor. The Service Provider reserves the right, at its discretion, to delete materials from UK Location Metadata Editor at any time.

3.4 EDINA will respond to requests that content be removed from UK Location Metadata Editor.

3.5 By submitting Resources to UK Location Metadata Editor, a User confirms that (s)he understands and accepts that these Resources map be available for others to see, download and use.

3.6 By submitting Resources to UK Location Metadata Editor and by using UK Location Metadata Editor to view or download resources or for any other purpose, Users must not:

3.6.1 do anything which may cause (whether on purpose or not) the introduction or spread of a virus, Trojan horse, spyware or any other programs designed to adversely affect the operation of any computer software or hardware; 3.6.2 infringe the rights of the Service Provider or of any other user or third party; and

3.6.3 use UK Location Metadata Editor unlawfully or fraudulently at any time.

3.7 Breach of these Terms of Service may give rise to a claim for damages and/or be a criminal offence.

3.8 EDINA will not be responsible as author, editor or publisher of any Contribution submitted to UK Location Metadata Editor and expressly excludes its liability for any loss or damage arising from the use of UK Location Metadata Editor by any person in contravention of these Terms of Service.

4. Acceptable Behaviour

4.1 A range of users will be accessing and using UK Location Metadata Editor. Any Resources submitted must be thoughtful and considerate to others. The Resources submitted by Users must:

4.1.1 be civil, i.e. not rude;

4.1.2 be constructive, i.e. not intended to disrupt, offend or abuse anybody including but not limited to other users; 4.1.3 be lawful and not deliberately provocative, i.e. they should not be racist, sexist, homophobic, defamatory, profane, obscene, harassing or otherwise objectionable and they should not contain any content that infringes the rights of another person, e.g. copyright or trademark;

4.1.4 be non-commercial and non-promotional, i.e. the facility should not be used to post advertisements or promotional material;

4.1.5 not contain any material which is misleading, untrue, false or in any way unlawful.

4.2 Any User who becomes aware of any material in UK Location Metadata Editor which does not comply with these Terms is asked to report this breach to the Service Provider.

5. Accuracy of Content and Information

5.1 The content used in UK Location Metadata Editor, is provided by Users, members of the public and other third party organisations. Although the Service Provider reserves the right to monitor information and content submitted and may take some steps to check that the same complies with the conditions and rules of Use set out in paragraphs 3 and 4 above, it cannot confirm that any Resources are accurate or up to date. By using Resources in UK Location Metadata Editor, any User acknowledges that information and services offered via UK Location Metadata Editor may include inaccuracies and/or typographical errors.

5.2 Furthermore, the Service Provider does not guarantee that information contained on or available via UK Location Metadata Editor will continue to be accurate during the time of systems failure. By using such information, any User confirms that they have not relied on any such information and that any arrangements made between that User and any other person, using or named on UK Location Metadata Editor is entirely at their sole risk and responsibility.

5.3 Information contained in or accessible via UK Location Metadata Editor changes on a regular basis. The Service Provider may make improvements or alterations to UK Location Metadata Editor at any time and without notice.

5.4 If any links to other websites appear in UK Location Metadata Editor or in Resources in UK Location Metadata Editor the Service Provider accepts no responsibility or liability for the content of that website (whether under the control of the Service Provider or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

5.5 Should UK Location Metadata Editor link to other websites the Service Provider will try to make it as clear as possible that the User is leaving UK Location Metadata Editor. It is the responsibility of the User to check the terms and conditions and privacy policy on any other websites that they visit.

6. Liability

6.1 The Service Provider does not guarantee that:

6.1.1 use of UK Location Metadata Editor will be compatible with all hardware and software,6.1.2 use of UK Location Metadata Editor will be uninterrupted or error or virus free,

6.1.3 use of UK Location Metadata Editor will deliver any specific outcome for its users, or

6.1.4 defects in UK Location Metadata Editor will be corrected.

All Users must take appropriate steps to ensure that they regularly check for viruses when using UK Location Metadata Editor or Resources downloaded from UK Location Metadata Editor on any device.

6.2 Inclusion in UK Location Metadata Editor of Resources submitted by Users of it or other third parties does not constitute or imply any endorsement, authorisation or recommendation by the Service Provider in relation to that material or of any opinions or other statements made within it. The Service Provider can neither monitor nor enforce compliance of third party content with all applicable laws and regulations.

6.3 All Users must ensure that their use of UK Location Metadata Editor and their Resources and Contributions comply with the local laws to which they and the use of UK Location Metadata Editor may be subject. The Service Provider cannot accept liability where a User breaches a local law.

6.4 The Service Provider makes no statement about the suitability of the Resources, information and services contained on, or accessed via UK Location Metadata Editor. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.

6.5 The Service Provider further excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by a User or any third party and arising out of or in any way connected with the use of UK Location Metadata Editor or the Resources, whether based on contract, tort, strict liability or otherwise.

6.6 The User will defend, indemnify and hold harmless the Service Provider, its affiliates and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by that User of these Terms (including the Relevant Licence).

7. Complete Agreement

These terms contain all the terms applicable to use of UK Location Metadata Editor by any User. Nothing contained in UK Location Metadata Editor is intended to be nor should be construed as an offer by the Service Provider to enter into a contractual relationship with a User or anyone else, except on these Terms.

8. Jurisdiction and Acceptance of these Terms

8.1 These Terms and any dispute in relation to the materials available from UK Location Metadata Editor will be governed by laws of England and Wales. The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of UK Location Metadata Editor.

8.2 A User's continued use of UK Location Metadata Editor indicates their acceptance of these Terms.