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Terms & Conditions
BDSLite Terms and Conditions for Libraries
By becoming a user of BDSLite, you accept the following terms and conditions:
“BDSLite” or the “Service” means the provision by us of an online database of Records, Images, and Media Clips (the “BDSLite Database”) available for you to access via a standard web browser.
“Image” means a digitally-stored image of the cover, package or any part of the content of a Product.
“Library Staff Facilities” means those facilities of the Service that we designate from time to time as being available only to the authorised staff of a subscribing library.
“Library User Facilities” means those facilities of the Service that we designate from time to time as being available both to authorised staff and to users of a subscribing library.
“MARC Format” means UKMARC format or MARC21 format, as the case may be.
“Media Clip” means a digitally-stored audio or video clip describing, promoting, or carrying an excerpt of content from, a Product.
“Product” means a book or non-book item (including without limitation an audio or video publication or video game) that is described by a Record on the BDSLite Database.
“Provenance Flag” means a value specified by us in the MARC field 008 $n and/or in the MARC 040 field of a Record to indicate the provenance and ownership of such Record; or such other indicator of provenance and ownership as we may notify from time to time.
“Record” means textual and/or numeric data describing a Product.
“Subscription” means a pre-paid annual subscription to BDSLite.
"We", “us” or “our” means Bibliographic Data Services Limited, Annandale House, The Crichton, Dumfries, DG1 4TA.
"You” or “your" means any library that is a holder of a Subscription or of an arrangement for trial use of BDSLite, and/or, where the sense permits, any person that is authorised to use the Service as a staff member of a subscribing library.
1. Usage of the Service
1.1 All usage of the Service must be for the normal library functions of your organisation. We require you to limit usage of the Service to within your organisation. We may exceptionally also require you to limit usage to designated computers within your organisation, and if we so request you must provide a list of designated computers and their identities.
2. Usage of and copyright in Records
2.1 Copyright and any database rights in the Records on the BDSLite Database are reserved by Bibliographic Data Services Limited and/or other copyright and/or database right holders (as the case may be).
2.2 You may view and print selected Records from BDSLite and use selected printed content for your own internal purposes, such as acquisitions, cataloguing, inter-library loans, reference and enquiries. You may also make selected printed content available to library users for purposes related to the supply of books, or forming part of a normal library service.
2.3 You may download selected Records from BDSLite in MARC Format and use them for your own internal purposes related to the selection, acquisition and cataloguing of library materials, and incorporate them into your library catalogue(s). You may make downloaded Records that have been incorporated into your library catalogue(s) freely available to third parties as part of the normal usage of such catalogue(s) including resource discovery and access to resources, and contribution to union catalogues or the sharing of holdings data with other libraries.
2.5 You must not supply or make available Records in electronic form obtained from BDSLite to any other organisation except for the purposes of consultation of your library catalogue(s) or of a union catalogue, or sharing of holdings data. If you wish to make such Records available to another organisation for any other purpose, including but not limited to retrospective conversion of that organisation’s library catalogue, you must first obtain our permission in writing.
2.6 You must not make a charge for the supply of Records obtained from BDSLite unless we have given you permission in writing to do so; except that you may make a reasonable cost-recovery charge for an enquiry service.
2.7 Where Records obtained from BDSLite are incorporated into your library catalogue(s) or any other temporary or permanent computer file, it is a condition of use that, if such Records contain a Provenance Flag, you must retain the Provenance Flag permanently in all electronic copies of the Records held by you.
2.8 Any use of Records not expressly authorised herein requires our prior approval in writing.
3. Usage of and copyright in Images and Media Clips
3.1 Copyright in the Images and Media Clips on the BDSLite Database is reserved by the copyright holders. BDS does not claim to hold rights in Images or Media Clips, and does not therefore grant you any rights therein or any licence to use Images or Media Clips for a particular purpose.
3.2 You acknowledge that you will be solely responsible to the copyright owner for any use which you make of Images and/or Media Clips.
3.3 In the event that we notify you that a specified Image or Media Clip on the BDSLite Database has been withdrawn by the copyright holder or that the copyright holder has otherwise objected to the use of such Image or Media Clip as part of the Service or by users of the Service, you will forthwith delete the specified Image or Media Clip and any copies thereof from your files and will make no further use of the specified Image or Media Clip.
(a) you will not alter, modify or distort an Image or Media Clip from the BDSLite Database in any way except, in the case of an Image, by (i) enlarging or reducing the complete Image, or (ii) converting the complete Image from one digital storage format to another;
(b) you will display and make available an Image or Media Clip from the BDSLite Database only in the form of a representation of the complete Image or Media Clip as held on the BDSLite Database without any alteration other than those specified, in the case of an Image, in Clause 3.4(a);
(c) you will procure that whenever an Image or Media Clip from the BDSLite Database is displayed or otherwise made available it is accompanied by information reasonably identifying the Product to which it relates.
4.Library Staff Facilities
4.1 You undertake that you will not allow any person other than a member of your own library staff to have access to the Library Staff Facilities of BDSLite, and that you will keep confidential all procedures, user identities and passwords used to access BDSLite.
5. Library User Facilities
5.1 You may allow any person who is a user of your library to have access to the Library User Facilities of BDSLite, provided that
(a) such access takes place from a terminal located on your own library premises and controlled by your library staff;
(b) the terminal is set up for library user access to BDSLite by a member of your library staff; and
(c) procedures, user identities and passwords used to set up a terminal for library user access to BDSLite are not disclosed to any library user or to any other person who is not a member of your library staff.
5.2 You undertake that you will not permit any third party to have access to BDSLite except through the Library User Facilities of the Service and in accordance with Clause 5.1.
6. Subscription term and termination
6.1 Unless agreed otherwise, each Subscription will run for an initial period of one (1) year from the date of initiation of the Service (the “Commencement Date”) which is subject to our having first received a confirmed order and payment of the Subscription fee. You may terminate your Subscription on the anniversary of the Commencement Date by giving not less than thirty (30) days prior notice in writing. Unless terminated, and subject to prepayment of the annual Subscription renewal fee to be invoiced for each successive year, the Subscription will continue to run for periods of one (1) year from each anniversary of the Commencement Date.
6.2 We may terminate your access to BDSLite without notice if you have not paid your Subscription renewal fee invoice, which we will issue to you not less than thirty (30) days before your Subscription renewal date, within the terms stated thereon. We may terminate your access forthwith if you have not complied with any of these terms and conditions. We will write to you setting out our reasons for doing so. We will be under no obligation to refund any unused portion of your Subscription fee.
7. Limitation of liability
7.1 We and our suppliers use all reasonable efforts to ensure the accuracy of the Records supplied through BDSLite and the proper operation of BDSLite, but we cannot guarantee that such data will be error-free, accurate, complete or up-to-date, or that errors, interruptions or delays will not occur in the operation of the Service, nor can we accept responsibility for the consequences of any such error, inaccuracy, incompleteness, interruption or delay, or for any data being out-of-date. To the maximum extent permitted by law, our total aggregate liability to you, in any given Subscription year, in relation to the Service will be limited, at our discretion, to a refund of the whole or part of your annual Subscription fee for the current Subscription year or an extension of the Subscription term.
7.2 To the maximum extent permissible under law, we shall not be liable to you for any loss of profit, loss of revenue, loss of business or loss of goodwill or any indirect, special or consequential loss, damage, cost or expense (whether caused by our negligence or otherwise).
7.3 We welcome feedback if you have found an error, and we will try to correct any errors which you notify to us and which we are able to verify.
7.4 We use all reasonable efforts to ensure that BDSLite is kept free from computer viruses or other potentially harmful content, but we cannot guarantee that the Service will always be clear of contamination. It is your responsibility to take appropriate measures to protect your own systems.
7.5 Certain links within the BDSLite Database may lead to resources located on websites maintained by other parties. We accept no responsibility or liability for any material which may be accessed through such links.
7.6 Except as expressly set out herein, all conditions and/or warranties, express or implied, statutory or otherwise are hereby expressly excluded by us to the maximum extent permitted by law.
8. Force majeure
We are not responsible to you for any interruption to or delay in access to the Service or for any loss you incur caused by reasons outside our control.
You must not transfer your Subscription to any third party unless we have given you permission in writing to do so.
10. Changes to these terms and conditions
We reserve the right to make changes to these terms and conditions at any time, and will send you advance notice of such changes by email or letter or both. If a change is unacceptable to you, you will have thirty (30) days from the date of receipt of the notice to terminate your Subscription by notice in writing effective from the date at which the changes come into effect, and we will refund any unused portion of your last subscription payment.
11. Entire agreement
11.1 Unless you are a public library authority that holds a BDS Public Library Licence (“PLL”) with us, these terms and conditions constitute the entire agreement and understanding between you and us in relation to their subject matter and supersede all previous terms and conditions, agreements, understandings and undertakings in such respect.
11.2 If you are a public library authority that holds a PLL with us, these terms and conditions, together with the terms and conditions of the PLL, constitute the entire agreement and understanding between you and us in relation to their subject matter and supersede all previous terms and conditions, agreements, understandings and undertakings in such respect. In the event of any inconsistency between the terms and conditions of your PLL and these terms and conditions in respect of your use of Records obtained from BDSLite, then the terms and conditions of your PLL will prevail.
12. Third party rights
Unless otherwise specifically stated, these terms and conditions do not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to them and no person who is not a party to these terms and conditions may enforce any of their terms or rely on any exclusion or limitation contained in them.
If any term of these terms and conditions shall be held to be invalid, illegal or unenforceable, the remaining terms and conditions shall remain in full force and effect and such invalid, illegal or unenforceable terms and provisions shall be deemed, ab initio, not to have been part of these terms and conditions.
The provisions as to liability and intellectual property rights shall continue in full force and effect despite termination of the Subscription for whatever reason.
15. Applicable law and jurisdiction
The interpretation, construction and effect of these terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.