Widget and RSS terms and conditions

By downloading an RSS Feed ("Feed") fromPark Publishing ("Park Publishing") or by otherwise adding our widgets to a website you agree to be bound by the terms set out below (the "Standard Licence Terms").

These Standard Licence Terms may be updated by Park Publishing from time to time. Your download and/or use of the Feed and/or widgets indicates your agreement to these terms and conditions.

Licence

  1. Subject to the terms of this Agreement Park Publishing grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the active links or other source identifiers and other information or materials that you specifically select to receive either fromPark Publishing via theFeed or via our widgets ("Park Publishing Content").
  2. All title, ownership rights and intellectual property rights in and to the widgets, Feed and Park Publishing Content shall remain the property of Park Publishing or its licensors.

Use of Park Publishing Content

  1. You may not use the widgets, Feed or display any Park Publishing Content on any Site that is a web site that is excluded by Park Publishing (scroll down for the list of "Excluded Websites" as may be amended by Park Publishing from time to time).
  2. YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING PARK PUBLISHING CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE PARK PUBLISHING CONTENT IN ANY WAY. FEEDS AND/OR WIDGETS MAY NOT BE USED IN CONNECTION WITH COMMERCIAL ACTIVITIES.
  3. You may not directly or indirectly suggest any endorsement or approval of your Site by Park Publishing or any non-BBC entity, product or content or any views expressed within your site or service. You may not directly or indirectly change, edit, add to or produce summaries of the Park Publishing Content or any content on the Site nor place any full-story Park Publishing Content in an HTML frame-set.
  4. You acknowledge that Park Publishing has absolute editorial control over all Park Publishing Content and you accept that the Park Publishing is editorially independent and that the editorial integrity of the Park Publishing Content is the sole responsibility of the Park Publishing.

Warranties & Liability

  1. You warrant to Park Publishing that:
    1. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
    2. the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the Park Publishing into disrepute, or which is in breach of any third party intellectual property rights; and
    3. users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of Park Publishing Content.
  2. The widgets and Feed are made available by Park Publishing on an "as is" and "as available" basis and the Park Publishing gives no warranty of any kind in relation to the widgets, any third party software or services used in providing the widgets, the Feed, the Park Publishing Content, or any content on the Park Publishing website. To the maximum extent permitted by law Park Publishing disclaims all express and 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 widgets, Park Publishing Content, the Feed and the Park Publishing website and any content thereon. You understand and agree that you use the widget or Feed at your own discretion and risk that you will be solely responsible for any business interruption or damages to computer systems or loss of information or data that results from your use of the widgets or Feed.
  3. TO THE MAXIMUM EXTENT PERMITTED BY LAW PARK PUBLISHING EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE WIDGETS, ANY THIRD PARTY SOFTWARE OR SERVICES USED IN PROVIDING THE WIDGETS, THE FEED, THE PARK PUBLISHING CONTENT OR ANY CONTENT ON THE PARK PUBLISHING WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF PARK PUBLISHING CONTENT. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON A WIDGET, FEED FROM INABILITY TO USE THE WIDGETS OR FEED, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET OR FEED (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
  4. Each provision of this Clause 3 operates separately in itself and survives independently of the others.

Indemnity

  1. You hereby agree to indemnify, hold harmless and defend Park Publishing 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 Standard Licence Terms or otherwise in connection with your use of the widgets, Feed and BBC Content.

Termination

  1. You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the widgets, Feed and all Park Publishing Content from your Site, all hard drives, networks and other storage media.
  2. Park Publishing may restrict, suspend or terminate the Feed, this Agreement, the licence granted herein or your use or access to the widgets, Feed or Park Publishing Content at any time without liability. You agree to destroy all copies of the widgets, Feed and all Park Publishing Content upon receiving notice of termination from Park Publishing.
  3. Clauses 3, 4 and 6 shall survive termination of this Agreement.

General

  1. 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.
  2. 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.
  3. 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.
  4. This Agreement shall be governed by, construed and take effect in accordance with the laws of New South Wales, Australia and thecourts of New South Wales, Australia shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

Excluded Websites

A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

  1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
  2. Sites that promote, encourage or facilitate violence
  3. Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
  4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
  5. Sites that promote, facilitate or encourage illegal activity
  6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Australian law
  7. Sites which infringe individual privacy