Stirling Council Feed: Standard Licence Terms

By downloading a Stirling Council Feed ( "Stirling Council Feed") from the Stirling Council you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by the Stirling Council from time to time. Please review these Standard Licence Terms each time you download a Stirling Council Feed.

Your download and/or use of a Stirling Council Feed indicates your agreement to these Standard Licence Terms.

1. Licence

1.1 Subject to the terms of this Agreement the Stirling Council grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the Stirling Council via the Stirling Council Feed ("Stirling Council Content").

1.2 All title, ownership rights and intellectual property rights in and to the Stirling Council Feed shall remain the property of the Stirling Council.

1.3 Nothing in these Standard Licence Terms grants you any right to use the Stirling Council trade mark on your Site or elsewhere.

2. Use of Stirling Council Content

2.1 You may not use the Feed or display any Stirling Council Content on any Site that is a web site that is excluded by the Stirling Council (scroll down for the list of Excluded Websites as may be amended by the Stirling Council from time to time).

2.2 YOU MUST ENSURE THAT ALL STIRLING COUNCIL CONTENT ON YOUR SITE HAS AN ACCREDITATION TO THE STIRLING COUNCIL IN ACCORDANCE WITH THE STIRLING COUNCIL ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR THE STIRLING COUNCIL ACCREDITATION GUIDELINES AS MAY BE AMENDED BY THE STIRLING COUNCIL FROM TIME TO TIME).

2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING STIRLING COUNCIL CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE STIRLING COUNCIL CONTENT IN ANY WAY.

2.4 You must create a functional link back to the Stirling Council News story(ies) summarised by the Stirling Council Content . You may not directly or indirectly change, edit, add to or produce summaries of the Stirling Council Content or any content on the Stirling Council website nor place any full-story Stirling Council content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the Stirling Council of your Site or any non-Stirling Council entity, product or content or any views expressed within your site or service.

2.6 You acknowledge that the Stirling Council has absolute editorial control over all Stirling Council Content and you accept that the Stirling Council is editorially independent and that the editorial integrity of the Stirling Council Content is the sole responsibility of the Stirling Council.

2.7 Should you receive any enquiries which relate to the Stirling Council or the Stirling Council Content you should promptly refer such enquiries to www.stirling.gov.uk/contactus.

3. Warranties & Liability

3.1 You warrant to the Stirling Council that:

(i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

(ii) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the Stirling Council into disrepute, or which is in breach of any third party intellectual property rights; and

(iii) 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 Stirling Council Content.

3.2 The Stirling Council Feed is made available by the Stirling Council on an "as is" and "as available" basis and the Stirling Council gives no warranty of any kind in relation to the Stirling Council Feed, the Stirling Council Content, or any content on the Stirling Council website. The Stirling Council disclaims all 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 Stirling Council Content, the Stirling Council Feed and the Stirling Council website and any content thereon.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE STIRLING COUNCIL EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE STIRLING COUNCIL FEED, THE STIRLING COUNCIL CONTENT OR ANY CONTENT ON THE STIRLING COUNCIL WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF STIRLING COUNCIL CONTENT.

3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the Stirling Council 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 Stirling Council Feed (including the Stirling Council Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Stirling Council Feed (including the Stirling Council Content) from your Site, all hard drives, networks and other storage media.

5.2 The Stirling Council may restrict, suspend or terminate the Stirling Council Feed, this Agreement, the licence granted herein or your access to the Stirling Council Feed at any time without liability. You agree to destroy all copies of the Stirling Council Feed (including the Stirling Council Content) upon receiving notice of termination from the Stirling Council.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 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.

6.2 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.

6.3 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.

6.4 This Agreement shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

Excluded Websites

The Stirling Council's RSS feeds and any Stirling Council content contained in the Stirling Council RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. 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 UK law

7. Sites which infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of the Stirling Council's Producers Guidelines.)

Accreditation Guidelines

Any Stirling Council RSS feed or Stirling Council content on your site must incorporate an attribution (credit) to the Stirling Council in one of the following forms:

   * "From Stirling Council News / stirling.gov.uk" (delete as applicable), or

   * "This content / article is from Stirling Council News / the Stirling Council News website / stirling.gov.uk" (delete as applicable)

You may not use any Stirling Council logo or other Stirling Council trade mark without signing a Stirling Council trade mark licence agreement.