TERMS OF SERVICE

Disclaimer: Europeana.eu is a 'prototype', therefore the following term and conditions have yet to be subjected to a full legal study. They are to be seen as guide and an undertaking towards good practice. A full review will take place during the course of the project Europeana v1, commencing in 2009, and the legally binding terms and conditions will be in situ for the operational site, scheduled for 2010.

Use of this site is subject to the following Terms and Conditions. This site is operated by The EDL Foundation, a foundation registered under Dutch law. The site is known as Europeana.eu

Copyright

Europeana portal will offer:

Editorial parts using material for which copyright issues and rights to reuse is cleared
Content: parts of bibliographic description and low resolution images given to us by the contributing EuropeanaNet Thematic Network partners to build the Europeana common access point to their own web site

The whole Europeana index and website is an online database owned by the European Digital Library Foundation.

For the purpose of this Europeana prototype (which is just a pilot demo) there is no formal agreement signed defining precisely where and how the rights are expressed in the metadata that Europeana are aggregated. Some metadata contain the expressed rights and in other cases the user is given more information on the provider�s own web site when clicking to see, read, listen to or watch the object. So Europeana for the purposes of this prototype will adopt the following Copyright statement from the MLA Discovery portal:

All third-party material presented within this website are subject to individual Intellectual Property Rights (IPR) conditions and licences. Providing details of such IPR and licensing is the responsibility of third-party sources and should be either presented within this website or available from the originating sources of the third party material

The lack of written agreement with each provider, other than the Thematic Network Agreement signed by each of the contributing partners, means that for this prototype a detailed Terms and Conditions of Use statement is not possible.

The European Digital Library Foundation and its content contributors hold the copyright for all material and all content in this site, including site layout, design, images, programs, text and other information (collectively, the "Content") held in Europeana.eu. No material may be resold or published elsewhere without the European Digital Library Foundations written consent, unless authorised by a licence with the European Digital Library Foundations or to the extent required by the applicable law.

Below are given some links to examples of the copyright and terms and conditions pages of some of Europeana�s contributing partners to which Europeana links to display in context the full object.

Authorised users

Members of the public may access the open parts of this site in accordance with the Terms and Conditions. Europeana.eu will give a user access digital objects and material of the content partners of the service. Each contributing content partner is responsible for authorisation and authentication of a user if required by law or the partner institution itself requires such authorisation and/or authentication.

Download of individual objects

The terms for access to individual objects by members of the public are in accordance with international copyright law.

Permitted use

Members of the public may access the open parts of this site in accordance with these Terms and Conditions. Europeana.eu will give a user access to digital objects and material of the content partners of the service.

You are allowed access to browse the site for your personal use only. Users may print off or make single copies of web pages or objects for personal use only. Users may also save web pages or objects electronically for personal use. Electronic dissemination or mailing of web pages or objects articles is not permitted, without prior permission from the EDL Foundation, the rights holders of the material and/or the contributing content partner concerned

Under no circumstances does permitted usage include any commercial exploitation of the material. For this, permission is required from EDL Foundation, the rights holders of the material and/or the contributing content partner concerned.

Unreasonable use, including the systematic downloading of content without a written license, will result in access to the site being blocked.

Copying

Copying of individual articles is governed by international copyright law. Users may print off or make single copies of web pages for personal use. Users may also save web pages other than individual articles electronically for personal use. Electronic dissemination or mailing of articles is not permitted, without prior permission from the EDL Foundation and/or the contributing content partner concerned.

Limited warranty

The EDL Foundation through its site Europeana.eu will endeavour to provide access to all materials on a 24/7 basis, but cannot be held liable for any loss of service. Neither Europeana.eu or the EDL Foundation are responsible for any third party software downloaded through this site, or that the site is compatible with all browser software. Europeana.eu and/or the EDL Foundation take reasonable steps necessary to ensure that the site is secure and free from viruses, but are not responsible for any loss of data or hardware damage caused through usage. Nor is the security of information passed electronically to the site guaranteed. Europeana.eu and/or the EDL Foundation do not warrant the information on this site, or on any site that it links to. Europeana.eu and/or the EDL Foundation do not accept responsibility for any loss, injury, damage or lawsuit related to the use of information contained within Europeana.eu or any linked site.

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Applicable law

These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands. Any dispute shall be subject to the non-exclusive jurisdiction of the Dutch Courts. Europeana.eu and/or the EDL Foundation reserve the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.