Standard Terms of Use
These Standard Terms of Use have been written
by “us” to give “you”, the user of this “Website”, permission to
“use” “Materials” found on it for “Approved Purposes”. What these
words mean is explained in detail in the clauses 1 -10 below.
Please read the whole of these
Standard Terms of Use carefully, because you are only permitted to
use this Website if you agree to them and, by using this Website,
you are deemed to agree to them.
We wish to encourage the dissemination of
information about our collection and expertise, through, for
example, teaching, web resources and printed materials. However all
the Materials on this Website are protected by internationally
recognised laws of copyright and intellectual property. Some of the
Materials are our intellectual property and others are the
intellectual property of third parties (from whom we have made all
reasonable efforts to obtain their consent to publish their work on
our Website).
On our Website you will find certain services
offered, which may be subject to additional terms and conditions
expressly varying, modifying or broadening these Standard Terms of
Use for particular purposes. Where this is the case we let you know
on the appropriate webpage. However, unless we expressly
state otherwise on a webpage, these Standard Terms of Use are
uniformly applicable throughout our Website; and in the event of
any ambiguity with other terms and conditions found on our Website
these Standard Terms of Use shall always govern.
If you want to use materials found on our
Website in ways that are neither covered by the definitions of
“use” and “Approved Purposes” set out in these Standard Terms of
Use nor by any additional terms found on our Website you are
welcome to enquire with us about your requirements via email:
web@britishmuseum.org
However please first consider our British Museum Images service at
www.bmimages.com which
may offer the best service to meet your needs.
1. Definitions
In these Terms of Use:
1.1 “Approved Purposes” means
not more than purposes which are exclusively non commercial
and:
- Educational;
- Academic;
- Scholarly; or
- Motivated by private
interest.
1.2 "Author" means any
individual, individuals, entity or entities other than us, who
created, performed, produced or broadcast the Materials (or if no
individual or entity can be identified, the publisher).
1.3 “Marks” means the
trademarks or service marks, logos or brands for the time being and
from time to time properly used or adopted by and belonging to us
or a third party. The term "trademarks” shall
where the context admits be deemed to include all logos and service
marks.
1.4 "Materials" means, to the
extent it is protected copyright work, all or any part of any text,
image, audio, video or any other type of media in any format
contained and comprised in the Website.
“Materials” do not include
“Marks”.
1.5 “Use” of and
“using” Materials for Approved Purposes shall be
deemed to mean in each in applicable context not more than:
(a) Storing or
transmitting (including electronically or via a webpage) Materials
in any media;
(b) altering by
cropping (but not by other alteration); projecting or displaying as
part of a lecture or in classroom teaching; reproducing on a
webpage; distributing, publishing and printing (but only in a book,
article, thesis or booklet in a print run not exceeding 4000
copies)any Materials that are image files;
(c) translating
Materials than are text files into other languages; and
(d) embedding
Materials that are audio or video files in a media player within a
webpage
1.6 "We" “our” “us” means The
Trustees of the British Museum or as the context requires the
British Museum Company Limited, the British Museum Friends or the
British Museum Great Court Limited;
1.7 “Website” means our
website at www.britishmuseum.org/ and any
sub-domains;
1.8 "You" “your” refers to
you, a private individual or a charity, society, institution or
trust that exists exclusively for public benefit exercising
rights under the licenses set out here who has not previously
violated these Terms of this Use (or who has received express
permission from us to exercise rights under these Terms of Use
despite a previous violation). If you do not fall within this
meaning you are not permitted to use our Materials by these
Standard Terms of Use.
2. Use of Materials
In return for your agreement to abide by these
Standard Terms of Use we permit you to use Materials for Approved
Purposes only. In doing so, you promise to us that you will attach
copyright notices to the Materials marking them © Trustees of the
British Museum unless otherwise indicated on our Website. You also
promise that you will not infringe the intellectual property rights
of Authors or any third party of whom you are given notice on the
Website. You must keep intact their copyright notices on the
Materials where they are provided by us and you must use any
acknowledgement required by us for the purpose of attribution in
the manner when using Materials belonging to Authors. You must not
distort, mutilate, modify or take other derogatory action
prejudicial to Author's reputation in relation to their
Materials.
3. Marks
Our Marks or those of any third party
displayed on our Website are our (or their) registered and
unregistered trademarks. Nothing contained in the Website shall be
taken construed as granting any licence or right to use trademarks
displayed on our Website without our prior written permission or
that of any third party owner. Your misuse of the trademarks on our
Website is strictly prohibited.
4. Disclaimer
4.1. We have taken every effort and care
in preparing Materials, however we disclaim all warranties, express
or implied, as to the accuracy thereof, and Materials shall at all
times constitute work in progress which we may change without
notice. We shall not be liable for any loss or damage arising from
your use of or reliance on Materials.
4.2. Links within our Website may lead
to other websites. They are provided for convenience only. We do
not sponsor, nor necessarily endorse or otherwise approve of any
information or statements appearing in those websites (or websites
referred to or linked to those websites).
4.3 Every reasonable effort has been
made to seek appropriate permission from people identifiable in
photographs used throughout the site.
5. Privacy
5.1 We are committed to protecting the privacy
and the confidentiality of the personal information of visitors to
our Website. We undertake to ensure that all personal information
in our possession is processed in accordance with the principles of
the Data Protection Act 1998. Our Data Protection Policies may be
inspected in the governance section.
5.2 We collect personal information (such as
your name, contact details, credit card information) that you
supply to us. Your information is collected when you request
information from us, contact us, make a booking with us, purchase
items from us, including Membership and etickets, or make a
donation to us. We will update your information whenever we get the
opportunity to keep it current, accurate and complete.
5.3 Any information you provide when
registering with us, buying Membership, etickets and other products
will be used for British Museum, British Museum Friends and British
Museum Company purposes only. From time to time we may send you
information from other organisations which we think may be of
interest to you. We may also disclose your information to companies
who act as "data processors" on our behalf, some of whom may be
outside the UK/EEA.
5.4 You may indicate your preference for
receiving direct marketing by telephone or email from us or any
partner organisations with whom we may work. You will be given the
opportunity on every communication we send you to indicate that you
no longer wish to receive our direct marketing material. You may,
in addition, indicate your preference regarding receiving third
party direct marketing material. Once properly notified by you, we
will take steps to stop using your information in this way.
5.5 The credit card information you give for
any online transaction is used solely for the purpose of processing
that transaction. Since it is technologically possible for
unauthorised third parties to intercept any email or any message
posted on an insecure web page, we strongly advise you against
sending us any credit card information via email or an insecure web
page. Secure web pages begin "https". Moreover it is contrary to
the rules of the Payment Card Industry for us to accept credit card
payments by email and we would decline to accept payment by this
means.
5.6 You have the right to ask in writing for a
copy of the information we hold about you (for which we may charge
a fee) and to correct any inaccuracies in your information.
6. Use of 'cookies'
6.1 When you visit our Website, we
automatically send your computer a tiny text file called a
‘cookie’. By telling us who you are, it allows us to make your
experience on our Website a more personalised one, and gives us
information as to how to make our Website more useful to you. As
our Website evolves, we will be able to provide you with additional
levels of service based on our ability to recognise you via your
cookie.
6.2 Our use of the cookie is limited to your
activities within our Website and does not have any other effect on
your computer or your other activities on the internet. We do not
disclose information stored in your cookie to third parties.
7. Termination
7.1 The license and the rights granted
hereunder will terminate automatically upon any breach by you of
these Terms of Use.
7.2 We reserve the right to release Materials
under different license terms or to stop distributing Materials at
any time; provided, however that any such election will not serve
to withdraw this license (or any other license that has been, or is
required to be, granted under the terms of this license), and this
license will continue in full force and effect unless terminated as
stated above.
8. Consequential loss
Except to the extent required by applicable
law, in no circumstances will we be liable to you in law for any
special, incidental, consequential, punitive or exemplary damages
arising from your use of Materials or these Terms of Use, even if
we have been advised of the possibility of such damages.
9. Entire agreement
These Terms of Use constitute the entire
agreement between the parties with respect to the Materials. Unless
otherwise expressly stated by us in writing to be additional
hereto, there are no understandings, agreements or representations
with respect to the Materials not specified here. We shall not be
bound by any additional provisions that may appear in any
communication from you. These Terms of Use may not be modified
without the mutual written agreement of ourselves and you.
10. Applicable law
You agree that the terms and conditions of
your use of our Website shall be governed by, and construed in
accordance with, English law and you agree that the courts of
England shall have exclusive jurisdiction in relation to any
dispute or matter arising in connection with these terms and
conditions and conditions and your use of this Website