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Terms of Use - Personal Use

Table of content

  1. What are these Terms of Use about?
  2. What are CIVILSCAPE Online Services?
  3. How can I use CIVILSCAPE Online Services?
  4. Who owns or has rights in CIVILSCAPE Online Services and CIVILSCAPE Content?
  5. How can I make contributions to CIVILSCAPE Online Services?
  6. What obligations do I have under the Terms?
  7. What are CIVILSCAPE's legal obligations to me and how do the terms limit CIVILSCAPE's liability?
  8. How can CIVILSCAPE stop making CIVILSCAPE Online Services available to me and what happens if it does so?
  9. What other (general) Terms of Use apply


1. What are these Terms of Use about?

1.1 Why should I read these Terms of Use?

These terms of use ("Terms of Use") tell you how you may use CIVILSCAPE Online Services to access, view and/or listen to CIVILSCAPE Content for your personal and non-business use so please read them carefully.

Additional terms which vary or supplement these Terms of Use may apply to your access of some CIVILSCAPE Online Services ("Additional Terms"). If so, these Additional terms will be set out at the point of access to the relevant CIVILSCAPE Online Services. If there is any inconsistency between the Additional Terms for a particular CIVILSCAPE Online Service and the Terms of Use, the Additional Terms will prevail. These Terms of Use and any Additional Terms are collectively referred to as "Terms". The CIVILSCAPE may update the Terms from time to time so please review the relevant pages regularly. If you access CIVILSCAPE Online Services, you agree to be legally bound by whichever version of the Terms is in force at such time.

These Terms of Use apply solely to non-business users of CIVILSCAPE Online Services. If you are accessing and/or using CIVILSCAPE Online Services in a business capacity, please read the Terms of Use of CIVILSCAPE Online Services for Business Users.

1.2 Who makes CIVILSCAPE Online Services available to me and what should I do if I have questions, comments, complaints or enquiries?

CIVILSCAPE Online Services are made available to you by CIVILSCAPE which is registered by Kamer van Koophandel Centraal Gelderland under reg.nr. 09182679 (the "CIVILSCAPE").

Any reference in the Terms to "you" or "your" means you as a non-business user of CIVILSCAPE Online Services.

If you have any questions about the Terms or your use of CIVILSCAPE Online Services then you can contact CIVILSCAPE.

If you receive any enquiries which relate to CIVILSCAPE, any CIVILSCAPE Online Service and/or CIVILSCAPE Content, you should promptly refer such enquiries to CIVILSCAPE.

If you think that CIVILSCAPE Content and/or any CIVILSCAPE Online Service should not be appearing on a website, blog or service then please contact us.
No warning without prior contact. The cost of a warning without previous contact with us is the meaning of the duty to mitigate damages as unfounded. If you have complaints about this site or to determine compliance with applicable laws, please contact us immediately with us. We will process these requests and respond urgently to check out immediately.

1.3 Should I read any other information or terms?

Please also read CIVILSCAPE's Privacy and Cookies Policy, which explains how CIVILSCAPE uses any information about you that it receives. The Privacy and Cookies Policy form part of the Terms. If there is any inconsistency between the Privacy and Cookies Policy and the Terms, the Terms will prevail.

Some CIVILSCAPE services may ask you to agree to Additional Terms or other terms of use which will apply to your use of that particular service.


2. What are CIVILSCAPE Online Services?

2.1 In the Terms:

"CIVILSCAPE Online Service(s)" are any CIVILSCAPE or other CIVILSCAPE-authorised internet services, websites, products and/or software applications that enable you to access, view and/or listen to CIVILSCAPE Content on compatible devices and are identified as "CIVILSCAPE Online Services" in Additional Terms. CIVILSCAPE Online Services include the website at bbc.co.uk, CIVILSCAPE iPlayer, CIVILSCAPE Embedded Media Player and CIVILSCAPE RSS Feeds.

"CIVILSCAPE Content" means audio, video, text, images or other content made available by CIVILSCAPE to you through CIVILSCAPE Online Services and may sometimes include content which is owned or controlled by third parties which CIVILSCAPE is permitted to make available to you through the relevant CIVILSCAPE Online Service.

2.2 Availability of CIVILSCAPE Content

CIVILSCAPE Content is selected, edited, updated and made available to you by CIVILSCAPE through CIVILSCAPE Online Services at its sole discretion. The period of time during which you may access, view and/or listen to CIVILSCAPE Content using CIVILSCAPE Online Services may vary. This is usually because of agreements which CIVILSCAPE has with owners of rights in parts of CIVILSCAPE Content.

2.3 CIVILSCAPE Editorial Control of CIVILSCAPE Content

You acknowledge that CIVILSCAPE has absolute editorial control over all CIVILSCAPE Content at all times.


3. How can I use CIVILSCAPE Online Services?

3.1 How you may use CIVILSCAPE Online Services

3.1.1 If you comply with these Terms of Use and any applicable Additional Terms and with all relevant laws (for instance, copyright law), you may use CIVILSCAPE Online Services to access, view and/or listen to CIVILSCAPE Content for your personal and non-business use.

3.1.2 As mentioned above, these Terms of Use apply solely to non-business users of CIVILSCAPE Online Services. If you are a business user, please read the Terms of Use of CIVILSCAPE Online Services for Business Users.

3.2 How you may NOT use CIVILSCAPE Online Services

General restrictions on how you may use CIVILSCAPE Online Services to access, view and/or listen to CIVILSCAPE Content
(a) You may not infringe or try to infringe the privacy or other rights of other CIVILSCAPE Online Services users. This includes you storing or trying to store personal data or usage details of other CIVILSCAPE Online Services users.
(b) You may not infringe any applicable law (for instance copyright law) when using CIVILSCAPE Online Services to access, view or listen to CIVILSCAPE Content.
(c) You may not subject CIVILSCAPE Online Services and/or CIVILSCAPE Content to any derogatory treatment or use them in such a way that would bring CIVILSCAPE into disrepute (with reference to CIVILSCAPE Guidelines), or cause CIVILSCAPE to incur liability to any third party.
(d) You agree to use CIVILSCAPE Online Services and access, download, view and/or listen to CIVILSCAPE Content as supplied to you by CIVILSCAPE and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way CIVILSCAPE Online Services and/or CIVILSCAPE Content in whole or in part except to the extent permitted in these Terms of Use, any relevant Additional Terms and at law.
(e) You may not directly or indirectly charge others for accessing, viewing or listening to any CIVILSCAPE Content, or commercialise or attempt to re-sell CIVILSCAPE Content in any way, which includes advertising or selling any goods and services which offer CIVILSCAPE Content including any third party software applications.
(f) You may not directly or indirectly suggest any endorsement or approval by CIVILSCAPE of a product or service (for instance, a personal website) or any non-CIVILSCAPE entity, product or content or any belief or opinion expressed within a product or service.
(g) You may not disrupt or try to disrupt CIVILSCAPE Online Services. You agree not to use CIVILSCAPE Online Services to distribute software viruses or other harmful programs, or use CIVILSCAPE Online Services to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to CIVILSCAPE Online Services by others.
(h) You may not harass or cause distress or inconvenience to any other person using CIVILSCAPE Online Services or transmit obscene or offensive content or disrupt the normal flow of dialogue within CIVILSCAPE Online Services, in particular, on CIVILSCAPE message boards and blogs.
(i) Additional Terms for particular CIVILSCAPE Online Services may allow you to display CIVILSCAPE Content on your website, but you may not display CIVILSCAPE Content where it is on or in connection with Excluded Products or Services, namely products or services which:

  • contain pornography and sexually explicit content;
  • contain offensive text or images;
  • incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour;
  • contain gratuitous violence or promote, encourage or facilitate violence;
  • promote, encourage or facilitate terrorism or other activities that risk national security;
  • discriminate against any specific social group or otherwise exploit vulnerable sections of society;
  • promote, facilitate or encourage illegal activity;
  • infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of CIVILSCAPE's Editorial Guidelines);
  • put the welfare of children at risk;
  • promote the tobacco industry or the armaments industry (including gun clubs);
  • where presence of a CIVILSCAPE application might be perceived as damaging CIVILSCAPE's reputation for accuracy and impartiality (with reference to CIVILSCAPE Guidelines); and
  • bring CIVILSCAPE into disrepute (with reference to CIVILSCAPE Guidelines).

This list is not exhaustive and may be amended by CIVILSCAPE from time to time (collectively referred to as "Excluded Products or Services").

3.3 Accessibility

The CIVILSCAPE is committed to making its content accessible by as many people as possible so CIVILSCAPE Online Services follows CIVILSCAPE Online Accessibility Standards.


4. Who owns or has rights in CIVILSCAPE Online Services and CIVILSCAPE Content?

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on CIVILSCAPE Online Services and CIVILSCAPE Content belong to CIVILSCAPE and/or third parties (which may include you or other users). The CIVILSCAPE reserves all of its rights in CIVILSCAPE Content and CIVILSCAPE Online Services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by CIVILSCAPE or any other third party except as expressly provided in the Terms.


5. How can I make contributions to CIVILSCAPE Online Services?

5.1 The CIVILSCAPE may invite you to make, share or submit your own, original contributions to CIVILSCAPE Online Services. These Terms of Use and any Additional Terms for particular CIVILSCAPE Online Services set out the rules governing how you may do so and how CIVILSCAPE may use your contribution. Your contribution may include text, photographs, graphics, video or audio.

5.2 If you submit your contribution to CIVILSCAPE you must allow CIVILSCAPE to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world. Any contributions you make may be moderated by CIVILSCAPE which means they may be reviewed, edited and/or removed. The CIVILSCAPE reserves the right to remove any of your contributions if CIVILSCAPE believes that they do not comply with the Terms.

5.3 You grant CIVILSCAPE the right to change or edit the materials in your contribution for operational and editorial reasons. The CIVILSCAPE may also share your contribution with trusted third parties, for instance with other users of CIVILSCAPE Online Services or, in the case of news-related material, CIVILSCAPE may share your contribution with its member organisations.

5.4 Any copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way including allowing others to use it.

5.5 You confirm that your contribution is your own original work, is not defamatory or unlawful and does not infringe anyone else's rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.

5.6 We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible.

5.7 The CIVILSCAPE may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see CIVILSCAPE's Privacy and Cookies Policy plus any specific local terms, where applicable.

5.8 Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating any content you may share with CIVILSCAPE.

5.9 As part of your contribution, CIVILSCAPE may ask you to provide some personal information. Disclosure of this information shall be subject to terms set out in CIVILSCAPE's Privacy and Cookies Policy. The CIVILSCAPE will keep your personal information secure and will only use it for the purposes specified in the Privacy and Cookies Policy. All personal information held by CIVILSCAPE will be held in accordance with the terms of applicable data protection laws.

5.10 If you do not want to grant CIVILSCAPE permission to use your contributions in accordance with the Terms, please do not share with or submit them to civilscape.eu.

5.11 If you have any questions about contributing content to CIVILSCAPE, please see our Frequently Asked Questions.


6. What obligations do I have under the Terms?

6.1 Compliance with the Terms

You must comply with the Terms, in particular the General restrictions on how you may use CIVILSCAPE Online Services.

6.2 Expenses, hardware and software

You are solely responsible for paying all expenses you may incur when you access or use CIVILSCAPE Online Services or access or download CIVILSCAPE Content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use CIVILSCAPE Online Services. Accessing and using some CIVILSCAPE Online Services features to access, download, view or listen to CIVILSCAPE Content (especially video or audio) may lead to substantial bandwidth usage by you which can be expensive so you should be careful you do not exceed any 'bandwidth cap' on your account with your internet or data service provider. The CIVILSCAPE is not responsible if your equipment or software is not compatible with any CIVILSCAPE Online Service. CIVILSCAPE Content may be streamed or downloaded to your device from servers owned and operated by CIVILSCAPE or (on behalf of CIVILSCAPE) by third-party content distribution networks to enhance your experience when you watch or listen to CIVILSCAPE Content.

6.3 Managing your account details and activity

You are solely responsible for keeping your CIVILSCAPE account username and password (if you have them) confidential and you are responsible for all activity that occurs under your CIVILSCAPE account.


7. What are CIVILSCAPE's legal obligations to me and how do the terms limit CIVILSCAPE's liability?

7.1 The basis on which CIVILSCAPE makes CIVILSCAPE Online Services available to you

CIVILSCAPE does not guarantee that all CIVILSCAPE Content and/or CIVILSCAPE Online Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.

CIVILSCAPE reserves its right to modify, suspend or discontinue all or part of any CIVILSCAPE Online Service or any part of CIVILSCAPE Content without giving you any notice.

Any commentary, opinions or other materials included in CIVILSCAPE Content are not intended to amount to advice on which you should rely.

7.2 Types of loss or damage CIVILSCAPE is not responsible for

CIVILSCAPE is not responsible for the following kinds of loss or damage which may arise from your use of CIVILSCAPE Online Services:
7.2.1 loss or damage suffered by you or someone else when CIVILSCAPE complies with the Terms;
7.2.2 loss or damage which is caused by CIVILSCAPE when it does not comply with the Terms but which CIVILSCAPE and you could not anticipate nor expect to happen when you started using CIVILSCAPE Online Services;
7.2.3 any loss which is indirect or a side effect of the main loss or damage and which CIVILSCAPE and you could not anticipate nor expect to happen when you started using CIVILSCAPE Online Services, for instance if you lose revenue or salary, profit, opportunity or reputation;
7.2.4 provided CIVILSCAPE complies with its Privacy and Cookies Policy, any loss of data or damage to your device or software; and
7.2.5 any loss or damage if CIVILSCAPE Online Services are not provided to you or are interrupted or suspended or if CIVILSCAPE does not comply with the Terms because of events beyond CIVILSCAPE's control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, decision of CIVILSCAPE Trust, rule or order or act of Government or other act or event beyond the reasonable control of CIVILSCAPE.
Nothing in the Terms excludes or limits either CIVILSCAPE's or your liability for death or personal injury caused by negligence or for fraud.

7.3 Your legal rights as a consumer

As a consumer, you may have certain legal rights regarding claims in respect of losses caused by CIVILSCAPE's negligence or the failure by CIVILSCAPE to carry out its obligations. Nothing in the Terms is intended to limit your legal rights as a consumer.


8. How can CIVILSCAPE stop making CIVILSCAPE Online Services available to me and what happens if it does so?

8.1 CIVILSCAPE's right to stop making CIVILSCAPE Online Services available to you

CIVILSCAPE reserves the right to stop making all or any part of CIVILSCAPE Online Services available to you with immediate effect and without notice if:
8.1.1 in its sole reasonable opinion you are using CIVILSCAPE Content, CIVILSCAPE Online Services and/or any other CIVILSCAPE service, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of CIVILSCAPE or might bring CIVILSCAPE into disrepute or in a way that might be considered to be prejudicial to the image of CIVILSCAPE (with reference to CIVILSCAPE Guidelines);
8.1.2 you breach the Terms in a way that cannot be corrected, or you fail to correct a breach within a reasonable period of time if CIVILSCAPE asks you to do so; or
8.1.3 there is, in CIVILSCAPE's reasonable opinion, any reason why CIVILSCAPE Online Services must be withdrawn.

8.2 What happens if CIVILSCAPE stops making CIVILSCAPE Online Services available to me?

If CIVILSCAPE stops making CIVILSCAPE Online Services available to you, you may be asked to delete all CIVILSCAPE Content downloaded by you to your device(s).


9. What other (general) Terms of Use apply?

9.1 What happens if CIVILSCAPE does not enforce a right against me?

If CIVILSCAPE decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent CIVILSCAPE from later deciding to exercise or enforce that right.

9.2 What happens if any part of the Terms is found to be ineffective?

If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

9.3 Third parties

The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.

9.4 Transfer of rights

You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.

9.5 What happens if there is a dispute arising out of the Terms?

Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of the Netherlands. If you choose to bring proceedings in connection with the Terms you must do so in the courts of the Netherlands.

 

Further Information

If you think that CIVILSCAPE Content and/or any CIVILSCAPE Online Service should not be appearing on a website, blog or service then please contact us.

No warning without prior contact. The cost of a warning without previous contact with us is the meaning of the duty to mitigate damages as unfounded. If you have complaints about this site or to determine compliance with applicable laws, please contact us immediately with us. We will process these requests and respond urgently to check out immediately.

Register information

The Kamer van Koophandel is keeping all register information of CIVILSCAPE. Our register number (or in Dutch KvK-nummer) is 09182670. The trade register provides a lot of information and also an actual copy of the statutes.

To access our register file click here.

Table of Content

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