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Terms & Conditions

BBC HEADLINE BOX STANDARD LICENCE TERMS AND CONDITIONS The BBC will not enter into a legally binding agreement with the Licensee until an authorised signatory of both the BBC and the Licensee have signed a physical copy of the agreed Application Form incorporating these Standard Licence Terms and Conditions. Words and expressions shall have the meaning given to them at Clause 15. 1. Licence 1.1 Subject to signature of the Application Form in an agreed form by both parties, the BBC will make available to the Licensee software code that will reference the BBC Headline Box on the BBC servers. The BBC grants the Licensee the right to use such code to incorporate the BBC Headline Box in the specific pages of the Licensee Website as set out in the Application Form within the Territory for the duration of and in accordance with the terms of the Licence. 2. Obligations of the Licensee 2.1 The Licensee agrees to ensure that the BBC Headline Box is presented prominently on the Licensee Website and that it shall have top position on any index page relating to the content on the BBC Headline Box. 2.2 When a Visitor selects a link within the BBC Headline Box they must access directly the relevant BBC Web Page on a second fully functional browser window. 2.3 The Licensee shall not insert nor place any digital graphic into, or audio content over, the BBC Content nor overlay, reformat, rebrand or insert a browser into BBC Content nor frame any page of the BBC Website nor cause or permit any pop up to appear simultaneously with BBC Content. 2.4 The Licensee shall not restrict Visitors from nor charge Visitors for accessing BBC Content, nor, where the Licensee charges standard access charges to access the Licensee Website, seek to charge Visitors any additional supplement in order to access BBC Content. 2.5 The Licensee shall ensure the Licensee Website is accessible using industry standard browsers as may reasonably be specified by the BBC from time to time. 2.6 The Licensee shall not seek to associate the BBC, the BBC Headline Box or the BBC Content with the Licensee, any non-BBC content on the Licensee Website, nor to suggest any endorsement or approval by the BBC of the Licensee, the Licensee Website or any non-BBC entity, product or content. 2.7 The Licensee agrees to maintain the BBC Headline Box on the Licensee Website for the duration of the Licence and will not remove headlines or links even if they include material with which the Licensee disagrees or disapproves. If the Licensee takes down the BBC Headline Box or otherwise suspends access to any BBC Content without the prior consent of the BBC, the BBC will terminate the Licence immediately 2.8 The Licensee will establish an automatic procedure for the immediate notification of any any Licensee Website availability failure, either to the BBC or to a third party nominated by the BBC. 3. Editorial control 3.1 The BBC shall have complete editorial control over all BBC Content. The Licensee accepts that the BBC is editorially independent and that the editorial integrity of the BBC Content is the sole responsibility of the BBC 3.2 The fact that the BBC makes the BBC Headline Box available to the Licensee will not influence the BBC in any decision whether or not to report news in relation to the Licensee or its competitors 3.3 Except for deciding upon the categories of headlines the Licensee wishes to receive from a choice determined by the BBC, the Licensee shall exert no influence over the BBC Content or the BBC Headline Box 3.4 The Licensee is not licensed to use any BBC trade marks on the Licensee Website or elsewhere. 4. Advertising on the Licensee Website 4.1 The BBC acknowledges that because of the nature of the Licensee Website the BBC Headline Box may appear within pages of the Licensee Website which include advertising or sponsorship messages or which link to advertising or sponsorship messages ("Advertising"). The Licensee agrees with the BBC that with respect to such Licensee web pages: (i) all Advertising shall comply with the BBC Advertising Guidelines; (ii) the Licensee shall ensure a clear separation between BBC branding and/or BBC Content and any Advertising, and the Licensee's site must emphasise a continuous clear distinction between BBC Content and any other material; and (iii) the Licensee shall on request from the BBC remove any advertising from the relevant Licensee web page where the BBC believes that such advertising does not accord with the BBC Advertising Guidelines. The BBC shall notify the Licensee by telephone to the Licensee contact named in the Application Form and confirm by e-mail. The Licensee shall move, reposition or remove such advertising within two (2) working hours of telephoned notification by the BBC. 5. Public Announcements & Marketing 5.1 Other than an appropriate factual notice on the Licensee Website the Licensee agrees not to make any public announcement of this licence without the prior written consent of the BBC. 5.2 The Licensee may refer in its advertising and marketing or other promotional material for the Licensee Website, to the fact that the BBC Headline Box is available on the Licensee Website, however no BBC device trade marks (i.e. BBC logos) may be used for this purpose.. 6. Support & Dealing with Enquiries 6.1 The Licensee shall at all times during the Licence provide service support in the form of advice and assistance during normal working hours for Visitors which support shall also be available to Visitors experiencing difficulty with accessing BBC Content via the Licensee Website 6.2 Should the Licensee receive any enquiries (whether written or oral) from Visitors which relate to the BBC or the BBC Content it shall promptly refer such enquiries to www.bbc.co.uk/info/contactus and shall not make any comment in relation to any such an enquiry. 7. Operational Contacts 7.1 The Licence is conditional upon the Licensee contact nominated on the Application Form being contactable by the BBC during at least normal working hours (9.00 a.m. to 5.30 p.m. weekdays GMT except bank holidays in the UK). Such person must be capable of responding to and if necessary escalating any failures which occur at any time. 8. Costs 8.1 Save as expressly set out in these terms and conditions the parties shall meet their own costs in complying with their respective obligations. 9. Warranties and Undertakings 9.1 The Licensee represents, warrants and undertakes to the BBC that: (i) the Licensee shall not incorporate any BBC Content into the Licensee Website nor attempt to distribute BBC Content other than in accordance with the Licence (or any other applicable written agreement between the parties); (ii) it shall not copy, edit, adapt, manipulate, produce summaries of or reproduce the BBC Content in any way save for the options available via the BBC Headline Box functionality; (iii) it has obtained and will maintain in force all necessary registrations, authorisations, consents and licences to enable it to fulfil its obligations under the Licence; (iv) it has fully complied with, and shall continue fully to comply with, all applicable laws and regulations; and (v) the Licensee Website shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the BBC into disrepute, or which is in breach of any applicable English legislation or third party intellectual property rights; and (vi) all the information submitted by the Licensee in the Application Form is true and accurate in all respects and in the event that any such information ceases to be true or accurate then the Licensee will advise the BBC of the fact in a timely manner. 9.2 Except as expressly provided in the Licence, neither party gives to the other any warranties or representations (whether express or implied). 10. Liability and Indemnities 10.1 This Clause 10 prevails over all other clauses in the Licence 10.2 Neither party excludes or limits its liability to the other party arising from death or personal injury caused by its negligence or arising as a result of any fraudulent misrepresentation. Neither party shall be liable to the other for any loss of profits, production, anticipated savings, goodwill or business opportunities or any type of indirect, special, economic or consequential loss however that liability arises. 10.3 The Licensee shall indemnify, hold harmless and defend the BBC, in respect of all damages, costs and expenses, including reasonable attorneys' fees and litigation expenses, arising out of or as a result of the Licensee's breach of its undertakings, warranties and representations set out above in Clause 2 (Licensee's Obligations) and Clause 9 (Warranties and Undertakings). 10.4 The liability of the BBC for a claim made by the Licensee in respect of direct loss or damage suffered by that flowing from any one event or series of connected events relating to the Licence shall not exceed ten thousand pounds (£10,000) however that liability arises including without limitation breach of contract, tort (including negligence), misrepresentation (other than fraudulent misrepresentation) or breach of statutory duty. 10.5 Each provision of this Clause 10 limiting or excluding liability operates separately in itself and survives independently of the others. 11. Term and termination 11.1 The Licence shall commence on the date that the BBC gives written notification to the Licensee that the Application Form is accepted and that the Licence is and shall remain in force unless and until terminated by either party in accordance with this clause 10 11.2 Either party may terminate the Licence without cause by serving not less than one month's written notice on the other. Either party may also terminate the Licence on twenty four (24) hours notice at any time during the fourteen (14) days period following the date of the launch of the BBC Headline Box on the Licensee Website. 11.3 Either party shall be entitled to terminate the Licence immediately: (i) if the other party commits a material breach of the Licence (other than a breach capable of remedy) which in the case of the Licensee shall include but not be limited to any breach of its Warranties at Clause 9; or (ii) if the other party commits any breach of any of the provisions of the Licence which is capable of remedy and fails to remedy it within one working day after receipt of e-mail notice to the Licensee contact named in the Application Form, giving full particulars of the breach and requiring it to be remedied; or (iii) if the other party suspends payment to its creditors or generally is unable to pay its debts as and when they fall due or appoints an administrator or liquidator over some or all of its assets. 11.4 The BBC shall be entitled to terminate the Licence immediately: (i) If the Licensee Website is not 99.5% available to Users in any calendar month and / or the Licensee's technical system fails to provide for immediate automatic notification to the Licensee (or its appointed sub-contractor) of any availability failure; (ii) if it in its sole discretion decides to withdraw the BBC Headline Box as a product capable of license by non-BBC owned or controlled entities; (iii) if in the BBC's opinion the Licensee, through any act or omission, seeks to exert any element of editorial control over the BBC Content, whether directly or indirectly. (iv) if to continue with the Licence would breach the BBC's public, commercial or editorial policy from time to time. 11.5 On the termination of the Licence (howsoever caused): (i) the rights granted to each party under the Licence shall immediately cease; (ii) the Licensee shall (at the Licensee's cost) as soon as practicable, and in any event within one working day, remove the BBC Headline Box from the Licensee Website; (iii) each party shall return on request all information and data (regardless of the medium on which it is stored) supplied by the other party, and all copies made, for the purposes of the Licence. 11.6 Termination of the Licence shall be without prejudice to any right or remedy of either party in respect of any antecedent claim. 12. Intellectual Property Rights 12.1 All patents (including supplementary protection certificates) trade marks, registered design rights, topography rights, copyrights, trade secrets, know-how, rights in databases and all other intellectual property and neighbouring rights ("Intellectual Property Rights") owned by either party shall remain the exclusive property of that party and nothing in the Licence shall operate to transfer any such Intellectual Property Rights to the other party. 13. Regulatory Consent and Force Majeure 13.1 Neither party to the Licence shall be liable to the other for any delay or failure in performance which is due to any cause outside its reasonable control, including (without limitation) directives from the Department for Culture, Media and Sports, OFTEL or any other regulatory or Government organisation having jurisdiction over the affairs of either party preventing that party from meeting its obligations under this Contract, acts of god, accident, riot, malicious acts of third parties, civil commotion, strike, lockout or industrial dispute by a third party, unavoidable power failure or fire (a "Force Majeure Event"). If performance of the obligations under the Licence is substantially prevented for a continuous period of one month or more by virtue of a Force Majeure Event, the party not being prevented from performing shall be entitled to terminate the Licence upon written notice to the other party. 14. General 14.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in the Licence in whole or in part to any third party without the prior written consent of the other party 14.2 The Licence supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter and constitutes the entire agreement between the parties. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into the Licence and not incorporated into the Licence. 14.3 Any failure or delay by either party in exercising its rights under any provisions of the Licence shall not be construed as a waiver of those rights at the time or at any future time. 14.4 Any written notice or other communication to be given pursuant to the terms of the Licence shall be in English and shall be deemed to have been duly served on, given to or made if it is delivered by hand or sent by recorded delivery, post, fax or e-mail to the party's officers listed below. For the BBC: The Head of Business Development, BBC News, BBC Television Centre, Wood Lane, London W12 7RJ. For the Licensee: The Proprietor at the Licensee's principal place of business as notified to the BBC in the Application Form. Notices by the BBC relating to BBC Content or the juxtaposition of advertising or other material with BBC Content may be given orally or in writing. 14.5 The Licence is not intended to and does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to the Licence. 14.6 The Licence 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 the Licence. 15. Definitions: The "BBC" means the British Broadcasting Corporation, whose principal office is situated at Broadcasting House, No 1 Portland Place, London W1A 1AA; "BBC Advertising Guidelines" means the guidelines set out in the Schedule to these terms and conditions that relate to how commercial advertising can be displayed at the same time as BBC Content. These may be updated from time to time; "BBC Headline Box" means the box window to be launched on the Licensee Website on the terms set out in these Standard Licensee Terms and Conditions displaying BBC Content; "BBC Content" means all content from the BBC Website made available to Visitors via the BBC Headline Box, including but without limitation any BBC logo or other trade mark; "BBC Website" means http://www.bbc.co.uk or http://news.bbc co.uk and any sub addresses and any other website published by or on behalf of the BBC as notified by the BBC from time to time; "the Licensee" means the legal entity named at section 1 of the Application Form; "Licensee Website" means the Licensee's website located at the URL specified at section 2 of the Application Form; "Application Form" means the online application form for the BBC Headline Box to which these terms and conditions relate. "Licence" means the legally binding agreement between the Licensee and the BBC which is formed if and when an authorised signatory of both the BBC and the Licensee have signed a physical copy of the agreed Application Form incorporating these Standard Licence Terms and Conditions. The resultant Licence shall incorporate the Application Form and these Standard Licence Terms and Conditions and any other special terms that may be agreed between the parties in writing. "Territory" means the United Kingdom; "Visitor" means any person accessing the Licensee Website. SCHEDULE BBC ADVERTISING GUIDELINES Unacceptable Categories of Advertising The Licensee shall not include the following types of advertising on pages of the Licensee Website that contain or are juxtaposed with the BBC Headline Box or pages of the BBC Website in accordance with Clause 4 of the BBC Headline Box Standard License Terms & Conditions: Political advertising Advertising for political action campaigns or political campaigning groups Advertising by religious bodies Advertising for tobacco products or advertising for any other goods bearing tobacco Licensee brands Advertising for alcoholic drinks Advertising for contraceptives Advertising for escort or introduction agencies Advertising for weapons or weapons manufacturers Advertisements for gun clubs Advertising for pornography or suppliers of pornography Advertising for gambling, lotteries or gaming Advertising for the occult Adverts soliciting funds for political action campaigns Adverts for foreign governments or foreign government agencies Style and Content of Advertisements The Licensee shall not include the following types of advertising on pages of the Licensee Website that contain the BBC Headline Box or BBC Content: Advertising which contains exaggerated or misleading claims; Advertising which exploits the credulity, lack of knowledge or inexperience of consumers; Advertising which offends against good taste or decency. Advertisements should avoid salacious or indecent themes and should not include any sexual innuendo or stereotyping which is likely to cause serious or widespread offence. Advertisements must avoid offensive and profane language. Care should be taken to avoid causing offence on the grounds of race, religion, disability or sexual orientation. Advertisements should not: play on fear unless it is clearly in the public interest to do so e.g. as part of a drink driving campaign Include price comparisons that are inaccurate or misleading Include the BBC's name, any BBC trade marks, BBC channel branding, BBC characters, or BBC formats. General The Licensee shall ensure that: No BBC Content shall appear in or be juxtaposed with the Licensee Website with any advertising and/or sponsorship in such a manner as to suggest association between the BBC and the advertiser and/or sponsor; It shall be clear to Visitors that any advertising on the Licensee Website is not connected with the BBC; The BBC Content will not be used to attract Visitors to make purchases of third party products, unless specifically agreed in writing by the BBC. ^^ Back to top			You may print the following: You will need Adobe Acrobat to view these files. You can download it here

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