RSS Terms
RSS Terms & Conditions
By downloading an EAC RSSs Feed from East Ayrshire Council you agree to be bound by the terms set out below (the "Standard Licence Terms"). These Standard Licence Terms may be updated by EAC from time to time. Please review these Standard Licence Terms each time you download an EAC Feed.
Your download and/or use of an EAC Feed indicates your agreement to these Standard Licence Terms.
1. Licence
1.1 Subject to the terms of this Agreement EAC 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 EAC via the EAC Feed.
1.2 All title, ownership rights and intellectual property rights in and to the EAC Feed shall remain the property of EAC.
1.3 Nothing in these Standard Licence Terms grants you any right to use EAC trade mark on your Site or elsewhere.
2. Use of EAC Content
2.1 You may not use the Feed or display any EAC Content on any Site that is a web site that is excluded by EAC (scroll down for the list of Excluded Websites as may be amended by EAC from time to time).
2.2 YOU MUST ENSURE THAT ALL EAC CONTENT ON YOUR SITE HAS AN ACCREDITATION TO EAC IN ACCORDANCE WITH EAC ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR EAC ACCREDITATION GUIDELINES AS MAY BE AMENDED BY EAC FROM TIME TO TIME).
2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING EAC CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL EAC CONTENT IN ANY WAY.
2.4 You must create a functional link back to EAC News story(ies) summarised by EAC Content . You may not directly or indirectly change, edit, add to or produce summaries of EAC Content or any content on EAC website nor place any full-story EAC content in an HTML frame-set.
2.5 You may not directly or indirectly suggest any endorsement or approval by EAC of your Site or any non-EAC entity, product or content or any views expressed within your site or service.
2.6 You acknowledge that EAC has absolute editorial control over all EAC Content and you accept that EAC is editorially independent and that the editorial integrity of EAC Content is the sole responsibility of EAC.
2.7 Should you receive any enquiries which relate to EAC or EAC Content you should promptly refer such enquiries to www.east-ayrshire.gov.uk.
3. Warranties & Liability
3.1 You warrant to EAC 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 EAC 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 EAC Content.
3.2 EAC Feed is made available by EAC on an "as is" and "as available" basis and EAC gives no warranty of any kind in relation to the EAC Feed, the EAC Content, or any content on the EAC website. EAC 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 EAC Content, the EAC Feed and the EAC website and any content thereon.
3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW EAC 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 EAC FEED, THE EAC CONTENT OR ANY CONTENT ON THE EAC WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF EAC 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 EAC 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 EAC Feed (including EAC 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 EAC Feed (including EAC Content) from your Site, all hard drives, networks and other storage media.
5.2 EAC may restrict, suspend or terminate the EAC Feed, this Agreement, the licence granted herein or your access to the EAC Feed at any time without liability. You agree to destroy all copies of the EAC Feed (including the EAC Content) upon receiving notice of termination from EAC.
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 Scottish law and the Scottish courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.
Excluded Websites
EAC's RSS feeds and any EAC content contained in the EAC 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.
You may not use any EAC logo or other EAC trade mark without signing a EAC trade mark licence agreement.