Ordnance Survey Open Space Website Terms and Conditions

These terms and conditions ("Terms") govern your use of openspace.ordnancesurvey.co.uk (the "Website"). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.

1. Definitions

"Code Snippets" means any snippets of computer code which may be provided by us to you;

"Documentation" means the class and method documentation, tutorials, Codes Snippets, FAQs any other documentation in relation to the Website which may be supplied to you by us;

"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 New Application, or any part of it, or for the publication or use of any Ordnance Survey Material;

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

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

"Purpose" means any purpose or activity which: (i) is not undertaken for, or in connection with, any Financial Gain, and/or do not result in any Financial Gain to You, or any 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 and/or the Ordnance Survey API for Financial Gain; (iii) does not carry, and/or are 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 or organisation, or the display and promotion of the business or organisation or their services

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

"Use" means any intended legitimate use of the Website as determined by Ordnance Survey; and

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

2. Ordnance Survey

2.1 The Website is owned and managed by Ordnance Survey. All information supplied on the Website is managed by Ordnance Survey.

2.2 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 and that you agree to be bound by these Terms forthwith.

3.2 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.

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

3.4 Ordnance Survey reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice. You are responsible for reviewing these pages regularly to ensure You are aware of any changes made and Your continued use of the Website after the changes have been posted means You agree to be legally bound by the new Terms.

3.5 The Website is for Use by private individuals who may be interested in developing new web-based software applications for the Purpose.

4. Term and Termination

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

4.2 Ordnance Survey may, at any time and for any reason, forthwith terminate these Terms with you, and deny you access to the Website.

4.3 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.

4.4 Clauses 4.3, 4.4 and 5 (excluding clause 5.2) to 10 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

5. Ordnance Survey's Intellectual Property

5.1 Ordnance Survey owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein, including Ordnance Survey Material. 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 not expressly granted to you are reserved by Ordnance Survey.

5.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable, terminable at will licence to Use the Ordnance Survey Material to both (i) viewi all content on the Website; and (ii) run the Code Snippets to facilitate a deeper understanding of the functionality and scope of the Website; provided always that such activities fall within the scope of the Purpose.

5.3 For the express avoidance of doubt, save in relation to acts caused through normal Use pursuant to clause 5.2 above, you are expressly prohibited from:

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

5.3.2 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; and

5.3.3 hypertext linking to any page of the Website without the prior written permission of Ordnance Survey.

6. Warranties and Liabilities

6.1 Ordnance Survey provides you with access to the Website 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 information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, 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 is correct on the date that it first appears on the Website.

6.2 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.

6.3 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.

6.4 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.

6.5 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.

7. Data Protection and Privacy Policy

7.1 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.

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

7.3 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.

7.4 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].

7.5 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.

8. General

8.1 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.

8.2 These Terms may only be modified with the prior written consent of Ordnance Survey. 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.

8.3 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.

8.4 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.

8.5 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 would irreparably harm Ordnance Survey and monetary damages would 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.

8.6 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.

8.7 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.

8.8 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.