Terms of Use

1. General

1.1 These Terms of Use (the "Terms") govern your use of the Bodleian Libraries’ Web Archive Collection (the “Collection”), currently accessible at https://archive-it.org/public/partner.html?id=467. The Collection is curated by the University of Oxford whose administrative offices are at Wellington Square, Oxford OX1 2JD ("the University"), and hosted at a domain provided and maintained by Internet Archive, a non-profit organisation established under the laws of the State of California and its subscription service Archive-It. Archive-It host a variety of collections in addition to the Collection. This Agreement shall govern the relationship between you and the University in respect of the Collection. The University does not accept any responsibility for any content outside the Collection.

1.2 The Collection contains websites of individuals and organisations from across the world selected by the Bodleian Libraries for preservation and research use.

1.3 By using the Collection you indicate that you accept these Terms of Use and you agree to abide by them. If you do not agree to these Terms, you may not use the Collection.

1.4 These Terms constitute the entire agreement between you and the University and supersede all other terms and conditions, policies and regulations of third parties, including those posted or displayed by Internet Archive and for Archive-It in respect of the Collection.

2. Ownership and use of the Collection

2.1 Unless otherwise indicated, the Collection is the property of the University of Oxford, The copyright in the material contained in the Collection belongs to the University or its licensors. All such rights are reserved.

2.2 The Collection may comprise intellectual property rights which are governed by local, national and/or international laws or regulations. You agree to abide by all applicable laws in connection with your use of the Collection.

2.3 Access to the Collection is provided by Archive-It. The University has no control over Archive-It’s website page or their content, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. For use of Archive-It’s website please refer to Archive-It’s Terms of Use http://www.archive.org/about/terms.php).

2.4 You may access the Collection for your own personal/private use. If you use the Collection for any research, you must list the Collection in the bibliography of the work.

2.5 The following is a non-exclusive list of uses which you are expressly prohibited from:

2.5.1 duplicating, or permanently down-loading the material in the Collection;

2.5.2 making any unauthorised deletions, modifications or additions to the Collection;

2.5.3 using the Collection for any monetary award whatsoever;

2.5.4 using any equipment and/or software that may damage or corrupt the Collection;

2.5.5 using the Collection to commit or encourage unlawful acts, including unlawful copying of copyright material;

2.5.6 attempting to gain unauthorised access to the Collection;

2.5.7 knowingly distributing any type of virus, Trojan worms, logic bombs, keystroke loggers, spyware, adware or other programs or similar code device intended to cause nuisance, loss or corruption of any information which is maliciously or technologically harmful to the Collection;

2.5.8  attacking the Collection via a denial-of-service attack or a distributed denial-of-service attack (breach of this term is a criminal offence and the University will cooperate with the law enforcement agencies in identifying you); and

2.5.9 storing personal data derived from the Collection.

2.6 Use of the Collections by members of the University is also subject to the University's Rules for Computer Use.

3. Liability

3.1 Although the University endeavours to use reasonable care in generating, compiling, publishing and providing the Collection, the content is often provided by third parties and the University is a charitable foundation devoted to education and research; and in order to protect its assets for the benefit of those objects, the University imposes the following limits on the University’s liability.

3.2 The University makes no warranty or representation that use of the Collection will be uninterrupted, virus-free or error-free; or that use of the Collection will not affect other software or operating systems used to access the Collection. Any warranties provided under the general law are expressly excluded to the fullest extent possible. In particular, the University does not warrant that use of the Collection will not infringe the rights of any other person or organisation; nor that the Collection is of reasonable quality or fit for any particular purpose, even if the University has received notice of an intention to use the Collection for that purpose.

3.3 The commentary and other content contained in the Collection are provided for the purposes of historical research only and are not intended to amount to advice or recommendations on which reliance should be placed. No responsibility for its accuracy and correctness is assumed by the University, and the University disclaims all liability and responsibility arising from any reliance placed on such commentary or content by any visitor to the site, or by anyone who may be informed of any of its content.

3.4 Unless expressly stated otherwise, opinions represented in this Collection are those of the individuals or organisations making them, and not those of the University: the University is not responsible for such opinions or any claims resulting from them.

3.5 To the extent permitted in law, the University accepts no liability for any loss or damage which may be suffered by other parties as a direct or indirect result of using the Collections or damage incurred by you in connection with the use of the Collections, inability to use the Collections, or use of any website linked to the Collections (including loss of profit, loss of opportunity, loss of business, loss of data, loss of goodwill and consequential loss).

3.6 You undertake to make no claim in connection with the site or in connection with the use of the site against any employee, student, agent or appointee of the University (except for claims in relation to fraud or wilful misconduct). This undertaking is intended to give protection to individuals: it does not prejudice any right which you might have to claim against the University.

3.7 Nothing in these terms limits or excludes the University’s liability for: death or personal injury resulting from its negligence; any fraud; or any other liability which, by law, cannot be limited or excluded.

3.8 The University reserves the right at its sole discretion to remove any content which it has been notified is objectionable, whether or not the objection is substantiated, and otherwise to review, edit or delete material in the Collections which it deems defamatory, unlawful, threatening or otherwise objectionable.

3.9 If any provision of this clause 3 is held to be invalid or unenforceable under any applicable statute or rule of law, then it shall be deemed to be omitted to the extent that it is invalid or unenforceable, and if as a result the University becomes liable for any loss or damage which would otherwise have been excluded then such liability shall be subject to the remaining provisions of this clause 3.

4. Changes

4.1 The University may change this Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made as they will be binding on you.

5. Indemnity

5.1 You agree to indemnify and hold harmless the University against any liability, loss, claims, damages, costs and/actions arising from your use of the Collection.

6. Applicable Law

6.1 These terms are governed by English law, and the Courts of England have exclusive jurisdiction in relation to them, although the University retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

6.2 If any of these terms is found to be illegal or unenforceable by a court of competent jurisdiction, the term(s) in question will be severed; but the remaining terms will continue in force.

© University of Oxford, 2011

Back to top