EAN RSS Feed: Standard Licence Terms

By downloading an Estate Agency News RSS Feed ( "EAN Feed") from Estate Agency News ("EAN") you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by Estate Agency News from time to time. Please review these Standard Licence Terms each time you download an EAN Feed.

Your download and/or use of an EAN Feed indicates your agreement to these Standard Licence Terms.

1. Licence

1.1 Subject to the terms of this Agreement EAN grants you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the EAN via the EAN Feed ("EAN Content").

1.2 All title, ownership rights and intellectual property rights in and to the EAN Feed shall remain the property of the EAN.

1.3 Nothing in these Standard Licence Terms grants you any right to use the EAN trade mark on your Site or elsewhere.

2. Use of EAN Content

2.1 You may not use the Feed or display any EAN Content on any Site that is a web site that is excluded by the EAN (scroll down for the list of Excluded Websites as may be amended by the EAN from time to time).

2.2 YOU MUST ENSURE THAT ALL EAN CONTENT ON YOUR SITE HAS AN ACCREDITATION TO THE EAN IN ACCORDANCE WITH THE EAN ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR THE EAN ACCREDITATION GUIDELINES AS MAY BE AMENDED BY THE EAN FROM TIME TO TIME).

2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING EAN CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE EAN CONTENT IN ANY WAY.

2.4 Where possible you must create a functional link back to the EAN News story(ies) summarised by the EAN Content . If you are displaying the EAN Feed where a functional link back to the EAN is not possible, you must display on-screen the URL from which the EAN Content can be obtained (scroll down to the accreditation section below.) You may not directly or indirectly change, edit, add to or produce summaries of the EAN Content or any content on the EAN website nor place any full-story EAN content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the EAN of your Site or any non-EAN entity, product or content or any views expressed within your site or service.

2.6 You acknowledge that the EAN has absolute editorial control over all EAN Content and you accept that the EAN is editorially independent and that the editorial integrity of the EAN Content is the sole responsibility of the EAN.

2.7 Should you receive any enquiries which relate to the EAN or the EAN Content you should promptly refer such enquiries to www.estateagencynews.co.uk/contact.html.

3. Warranties & Liability

3.1 You warrant to the EAN that:

(i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
(ii) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the EAN into disrepute, or which is in breach of any third party intellectual property rights; and
(iii) users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of EAN Content.

3.2 The EAN Feed is made available by the EAN on an "as is" and "as available" basis and the EAN gives no warranty of any kind in relation to the EAN Feed, the EAN Content, or any content on the EAN website. The EAN disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the EAN Content, the EAN Feed and the EAN website and any content thereon.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE EAN EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE EAN FEED, THE EAN CONTENT OR ANY CONTENT ON THE EAN WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF EAN CONTENT.

3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the EAN in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the EAN Feed (including the EAN Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the EAN Feed (including the EAN Content) from your Site, all hard drives, networks and other storage media.

5.2 The EAN may restrict, suspend or terminate the EAN Feed, this Agreement, the licence granted herein or your access to the EAN Feed at any time without liability. You agree to destroy all copies of the EAN Feed (including the EAN Content) upon receiving notice of termination from the EAN.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 This Agreement 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 this Agreement.

Excluded Websites

The EAN's RSS feeds and any EAN content contained in the EAN RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law
7. Sites which infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of the EAN's Producers Guidelines.)

Accreditation Guidelines

Any EAN RSS feed or EAN content on your site must incorporate an attribution (credit) to the EAN in one of the following forms:

* "From Estate Agency News / estateagencynews.co.uk" (delete as applicable), or
* "This content / article is from Estate Agency News / the Estate Agnecy News website / estateagencynews.co.uk" (delete as applicable)

If you are displaying a EAN RSS feed in a context where a functional link back to the article on the EAN's website is not possible then you must use the following attribution (credit)

* From estateagencynews.co.uk