Ordnance Survey Open Space Website Terms of Use

This page tells You the terms and conditions (the "Terms") which govern your use of our website: www.openspace.ordnancesurvey.co.uk (the "Website") whether as a guest or as a registered OpenSpace Developer. Please read these Terms carefully before You start to use the Website and ensure that You have understood them. By using the Website, You indicate that You accept these Terms and You agree to abide by them. If You do not agree to these Terms, please refrain from using the Website.

For the avoidance of doubt, these Terms do not govern use of the OpenSpace API or the Ordnance Survey Mapping Data. If You are interested by the material on the Website and You wish to start building your own mashup Web Application using the OpenSpace API and the Ordnance Survey Mapping Data, then You will need to complete the online registration process and enter into the OpenSpace Developer Agreement. The terms and conditions of the Ordnance Survey OpenSpace Developer Agreement can be reviewed via a separate hypertext link on this Website.

1. Definitions

"Code Snippets" means any snippets of computer code which may be provided by Us to You on the Website which are designed to help You to explore and understand the functionality of the OpenSpace API, and in the event that You sign up to the Ordnance Survey OpenSpace Developer Agreement, will help You to develop a Web Application;

"Documentation" means the class and method documentation, tutorials, Codes Snippets, FAQs and any support or other documentation relating to the Website, OpenSpace API service and/or Ordnance Survey Mapping Data, which may be supplied by Us to You on the Website;

"Financial Gain" means a benefit accruing where You, or any third party used by or connected to You, receives any payment, donation, revenue, credit or money's worth in connection with the access, use and/or display on a Web Application, or any part of it, of any Ordnance Survey Material;

"OpenSpace API" means the mapping data application programming interface created by Ordnance Survey to allow Registered Developers to build experimental, innovative, web based applications using Ordnance Survey Mapping Data;

"Ordnance Survey", "Our", "Us", "We" means the Secretary of State, acting through Ordnance Survey, whose principal place of business is at Romsey Road, SOUTHAMPTON, UK, SO16 4GU;

"Ordnance Survey Mapping Data" means the mapping data owned by or licensed to Ordnance Survey (as may be amended from time to time) which may be accessed and processed through and by the OpenSpace API and Web Applications.

"Ordnance Survey Material" means all the material owned by or licensed to Ordnance Survey which is published on the Website, including without limitation the Documentation;

"Ordnance Survey OpenSpace Developer Agreement" means the legal terms and conditions which a developer must accept if they wish to use the OpenSpace API to create a mashup web application which accesses and uses Ordnance Survey Mapping Data. The agreement can be viewed via a separate hypertext link on the Website and must be accepted by way of a 'click' accept during the online registration process.

"Purpose" means any purpose or activity which: (i) is not undertaken for, or in connection with, any commercial purpose or Financial Gain, and/or does not result in any Financial Gain to You, or any other user, or any third party used by, or in connection with, You or any user; (ii) does not seek to exploit, or result in the exploitation of, the Ordnance Survey Data for Financial Gain; (iii) does not carry, and/or is not associated in any way whatsoever with, any paid for advertising, promotional content, or sponsorship; and (iv) is not connected to the ordinary day to day activities involved in the internal administration and running of a business, government body or other organisation, or the display and promotion of the business, government body or other organisation or their services;

"Registered Developer(s)" means a developer(s) who has completed the online registration process and as part of that process has accepted the terms and conditions of the Ordnance Survey OpenSpace Developer Agreement;

"Submission" means any information, content, material, drawing or otherwise of whatsoever nature which You upload to the Website including, but not limited to, postings of Submissions on any discussion forum accessible to You and/or interaction with other users of the Website;

"Terms" means the terms and conditions set out herein;

"Web Application" means a non commercial mashup web application created by a Registered Developer, which is designed to access and use the OpenSpace API together with the Ordnance Survey Mapping Data, which is publically accessible on the Internet, without restriction, through the developer's registered url; and

"You" or "Your" means the user of the Website.

2. Information about the Website and Ordnance Survey

2.1 The Website is owned and managed by Ordnance Survey, the national mapping agency of Great Britain. All information supplied on the Website is managed by Ordnance Survey.

2.2 The Website is designed to provide information and support to private individuals who may be interested in developing new and distinct Web Applications for the Purpose and it provides the gateway to the online registration process to get started.

2.3 If You have any questions or concerns about the Website and/or any material which appears thereon, Ordnance Survey can be contacted by writing to Romsey Road, SOUTHAMPTON, UK, SO16 4GU or by email on openspace@ordnancesurvey.co.uk.

3. Use of the Website

3.1 By using the Website You warrant that You have the right, authority and capacity to enter into and be bound by these Terms.

3.2 Ordnance Survey reserves the right to make changes to the Website and the Ordnance Survey Material, or to discontinue any aspect or feature of the Website or Ordnance Survey Material, at any time, without notice. You are responsible for reviewing these pages regularly to ensure You are aware of any changes. .

3.3 Ordnance Survey may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and we shall not be liable to You for any such suspension.

3.4 Ordnance Survey may restrict access to some parts of the Website to Registered Developers.

3.5 In the event that Ordnance Survey, in its sole discretion, considers that You are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Ordnance Survey reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

4 SUBMISSIONS TO THE WEBSITE AND CONTENT STANDARDS

4.1 Ordnance Survey is interested to know Registered Developer's thoughts and ideas on the OpenSpace API service. Accordingly, if You are a Registered Developer You are invited to make Submissions, provided such Submissions are in accordance with the Purpose and the content standards set out in this clause 4. These content standards apply to each part of a Submission as well as to its whole and they must be complied with in spirit as well as to the letter. "You" and "Your" in this Clause 4 refers to Registered Developers only.

4.2 You expressly agree not to make any Submission which in Our sole reasonable opinion may be deemed to be offensive, illegal or inappropriate, which includes without limitation any Submission that:

4.1.1 harasses, alarms or distresses, or advocates harassment, alarm or distress of another person, or invades the privacy of another person;

4.1.2 displays pornographic or sexually explicit material;

4.1.3 promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;

4.1.4 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

4.1.5 promotes any illegal activities;

4.1.6 provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;

4.1.7 promotes information that You know to be false or misleading;

4.1.8 engages in or promotes commercial activities and/or sales, including but not limited to advertising, contests and sweepstakes, without Our prior written consent; or

4.1.9 infringes the intellectual property or any other rights of any third party.

4.3 We reserve the right to remove, amend or modify any Submission that, in Our sole reasonable opinion, is not appropriate for display on the Website for any reason.

4.4 You hereby grant to Ordnance Survey a perpetual, non-exclusive, royalty free, transferable, paid-up licence to use, with full rights to sub-licence, the Submissions for any purpose whatsoever, including but not limited to making such Submissions available to other users of the Website and use in Our promotional material and press releases.

5. Term and Termination

5.1 These Terms shall remain in full force and effect while You are a user of the Website.

5.2 Ordnance Survey may, at any time and for any reason, forthwith terminate these Terms with You, and deny You access to the Website. If You fail to abide by these Terms your right to use the Website will cease immediately.

5.3 In the event of termination of these Terms for any reason, You must not attempt to make any use of the Website and must promptly destroy and/or permanently erase all copies of the Ordnance Survey Material in your possession, custody or control.

5.4 Clauses 5.3, 5.4 and 6 (excluding clause 6.2) to 10 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against You.

6. Intellectual Property Rights

6.1 Ordnance Survey owns or has a licence to use all right, title and interest in and to the Website and the Ordnance Survey Material, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or Ordnance Survey Material contained therein to You. All rights in and to the Website and the Ordnance Survey Material not expressly granted to You are reserved by Ordnance Survey.

6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable, terminable at will licence to:

6.2.1 view the Ordnance Survey Material on the Website; and

6.2.3 use, print off one copy, and download extracts of the Ordnance Survey Material for your personal reference in order to help You explore and understand the functionality and scope of the OpenSpace API and development of Web Applications, provided always that such activities fall within the scope of the Purpose and our status (and that of any identified contributors) as authors of the Ordnance Survey Material is acknowledged.

6.3 For the express avoidance of doubt, save in relation to acts caused through normal use as expressly permitted in clause 6.2 above, You are prohibited from:

6.3.1 storing, downloading, archiving, printing, distributing, reproducing, copying, modifying, editing, transmitting, uploading in any medium or incorporating into any other materials, any of the Website or Ordnance Survey Material;

6.3.2 removing, modifying, altering or using any registered or unregistered trade marks/logos owned by Ordnance Survey, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Ordnance Survey or could be considered an infringement any of the intellectual property rights owned by or licensed to Ordnance Survey.

7. Linking to our Website

7.1 You may link to the Website's home page, provided You do so in a way that is fair and legal and does not damage Our goodwill or reputation, or take unfair advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

7.2 You must not: (i) establish a link from any website which is not owned by You; (ii) establish a link to any part of our Website other than the home page; or (iii) frame our Website or any part of the Ordnance Survey Material on any other website.

7.2 Ordnance Survey reserves the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in Clause 4.

8. Warranties and Liabilities

8.1 Ordnance Survey provides You with access to the Website and Ordnance Survey Material free of charge and, to the maximum extent permitted by law, Ordnance Survey shall not be liable for any loss, injury or damage caused in whole or in part by use of the Website or the Ordnance Survey Material, or by any failure, delay, interruption or otherwise of the provision of the Website or the Ordnance Survey Material, or by Ordnance Survey's failure to perform any of its obligations under these Terms. Ordnance Survey shall use all reasonable endeavours to ensure that the content of the Website and Ordnance Survey Material is correct on the date that it first appears on the Website, but Ordnance Survey is under no obligation to keep the Website and/or Ordnance Survey Material up to date.

8.2 In no event shall Ordnance Survey be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit arising from any use of the Website or Ordnance Survey Material.

8.3 The information provided on the Website by Ordnance Survey is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. Ordnance Survey does not guarantee the accuracy, precision or exhaustive nature of information published on the Website and we disclaim all liability arising from any reliance placed on such information by any visitor to the Website, or by anyone who may be informed of its content.

8.4 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Ordnance Survey and, to the maximum extent permitted by law, Ordnance Survey shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

8.5 To the maximum extent permitted by law, Ordnance Survey expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.

9. Data Protection and Privacy Policy

9.1 Ordnance Survey is committed to protecting the privacy of users of the Website and the confidentiality of the information provided to it by such users using the Website.

9.2 Ordnance Survey is the data controller of your data submitted using the Website.

9.3 Ordnance Survey reserves the right to gather information relating to use of the Website. By using the Website You consent to such collection and use of this information by Ordnance Survey.

9.4 Your personal data shall be handled in accordance with Ordnance Survey's Data Protection and Privacy Policy displayed here http://openspace.ordnancesurvey.co.uk/privacynotice.html.

9.5 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Ordnance Survey and Ordnance Survey accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

10. General

10.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Ordnance Survey and supersede any other communications or advertising with respect to the Website.

10.2 Ordnance Survey may alter or amend these Terms at any time, with immediate effect without notice. By continuing to use the Website after such alteration, You shall be deemed to have accepted any amendment to these Terms.

10.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

10.4 You shall comply with all applicable foreign and local laws and regulations which apply to your use of the Website in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.

10.5 You agree that because of the unique nature of the Website and Ordnance Survey's proprietary rights therein, a demonstrated breach of these Terms by You may irreparably harm Ordnance Survey and monetary damages may be inadequate compensation. Therefore, You agree that Ordnance Survey shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

10.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms shall be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

10.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms shall not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.

10.8 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Ordnance Survey and such third parties shall not be entitled to enforce any term of these Terms against Ordnance Survey.