RSS Feed: Standard Licence Terms

 

By downloading a TPI RSS Feed ( "TPI Feed") from Therapeutic Pillow International ("TPI") you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by TPI from time to time. Please review these Standard Licence Terms each time you download a TPI Feed.

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

1. Licence
1.1 Subject to the terms of this Agreement TPI 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 TPI via TPI Feed ("TPI Content").

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

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

Use of TPI Content

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

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

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

2.4 Where possible you must create a functional link back to TPI News story(ies) summarised by TPI Content . If you are displaying TPI Feed where a functional link back to TPI is not possible, you must display on-screen the URL from which TPI 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 TPI Content or any content on TPI website nor place any full-story TPI content in an HTML frame-set.

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

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

2.7 Should you receive any enquiries which relate to TPI or TPI Content you should promptly refer such enquiries to www.TPI.co.uk/info/contactus.

3. Warranties & Liability

3.1 You warrant to TPI 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 TPI 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 TPI Content.

3.2 TPI Feed is made available by TPI on an "as is" and "as available" basis and TPI gives no warranty of any kind in relation to TPI Feed, TPI Content, or any content on TPI website. TPI 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 TPI Content, TPI Feed and TPI website and any content thereon.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW TPI 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 TPI FEED, TPI CONTENT OR ANY CONTENT ON TPI WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF TPI 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 TPI 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 TPI Feed (including TPI 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 TPI Feed (including TPI Content) from your Site, all hard drives, networks and other storage media.

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

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

TPI's RSS feeds and any TPI content contained in TPI 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.
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 Australian law
7.Sites which infringe individual privacy.
Accreditation Guidelines
Any TPI RSS feed or TPI content on your site must incorporate an attribution (credit) to TPI in one of the following forms:

•"From Therapeutic Pillow International website www. the-pillow.com.au"
If you are displaying a TPI RSS feed in a context where a functional link back to the article on TPI's website is not possible then you must use the following attribution (credit)

•From the-pillow.com.au/news