TERMS AND CONDITIONS FOR METAGENIE ON-LINE

1. The copyright in this web site software and service software (the “Service”) is owned by licensors to The Association for Geographic Information, a company registered in England and Wales under number 2445202 and whose registered office is at Block C Fourth Floor, Morelands 5-23 Old Street, London EC1V 9HL and whose place of business is at Block C Fourth Floor, Morelands 5-23 Old Street, London EC1V 9HL (the “Licensor”).

2. You use the MetaGenie on-line service entirely at your own risk. We do not warrant that this web site or the Service is compatible with your computer equipment or that the web site, or its server are free of errors, viruses, worms or Trojan Horses and we are not liable for any damage you may suffer as a result of such destructive features and are not responsible for data or content provided by third parties.

3. We are not responsible or liable for any services provided by third parties such as Internet Service Providers and telecoms networks that may affect the download time or any other aspect of the Service or for any other problem which arises because of circumstances which the Licensor cannot reasonably be expected to control.

4. We reserve the right to edit or delete metadata records from the Service, without referral back to the data provider.

5. Access to the Service is through a password-protected user account. We reserve the right to suspend the account at any time and deny access to the Service. You must keep your password confidential at all times and must not disclose the password or permit anyone else to use your password, Any breach of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you and will not relieve you of your obligations under these terms and conditions.

7. You shall not use the Service to post, upload or otherwise transmit information or images which are obscene or pornographic, offensive, defamatory, libellous, in breach of any third party’s intellectual property rights or otherwise unlawful. Licensor accepts no obligation to monitor the use of the Service. However, Licensor reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Licensor will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

8. All representations, warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise are hereby excluded to the fullest extent permitted by law.

9. Subject to clause 10 and to those warranties, conditions or terms that cannot be excluded by applicable law, the service is made available for use by you “AS IS” and the Licensor does not warrant that: (a) the Service will meet your requirements; (b) the operation of the Service will be uninterrupted or error-free; (c) defects will be corrected; or (d) the Service is fit for its purpose or of satisfactory quality.

10. The Licensor’s liability for personal injury or death resulting from the Licensor’s negligence or fraudulent misrepresentation or any liability that cannot be excluded by applicable law is not excluded or limited. Subject to the foregoing, you use the Service at your own risk and in no event will the Licensor be liable to you for any loss of profits, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time or for any special, consequential or indirect loss however arising.. Subject to the foregoing, Licensor’s liability to you whether in contract, tort or otherwise is limited to the amount paid by you for use of the Service in the previous 12 months or, if this is less than £250 or cannot be ascertained at the time the Licensor’s liability arose, to £250.

GENERAL
Licensor may change these terms and conditions from time to time and will endeavour to notify you of any changes by posting a message. By using the Service you are accepting that you are bound by the current terms and conditions. You should check these each time you use the Service. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
© The Association for Geographic Information 2004