大象传媒

1. Definitions

鈥淎uthorised Charity鈥� means for the purposes of this Licence a charity as defined under the Charities Act 2006 for England and Wales, the Charities and Trust Investment (Scotland) Act 2005 for Scotland or the Charities Act (Northern Ireland) 2008 for Northern Ireland or equivalent national legislation as appropriate;

鈥淎uthorised Educational Establishments鈥� means for the purposes of this Licence those bodies set out under s174 of the Copyright Designs and Patents Act 1988 (which includes schools, universities, higher education colleges and colleges of further education) or equivalent national legislation as appropriate; museums accredited by the Museum, Libraries and Archives Council or funded/sponsored by the Department for Culture, Media and Sport or members of the International Council of Museums;

鈥湸笙蟠解�� means the British Broadcasting Corporation;

鈥湸笙蟠� Application鈥� means any 大象传媒 branded player, widget or other application in which the Work is displayed;

"Credit/Crediting" (Attribution) means acknowledging the 大象传媒 and Licensors of any Works and/or Derivative Work that You Share;

"Derivative Work" means any work created by the editing, adaptation or translation of the Work in any media or any work made up of a number of separate works in which the Work is included in its entirety in unmodified form;

"Licence" means this 大象传媒 Digital Revolution Licence;

"Logo" means any 大象传媒 and/or Digital Revolution logo attached to or incorporated in the Work;

"No-Endorsement" means that You must not use the Work and/or Derivative Work in any way that would suggest or imply the 大象传媒鈥檚 and the Licensor's support, association or approval;

"Non-Commercial" means personal use or use for educational purposes within any United Kingdom Educational Establishment and/or United Kingdom Charity, but excludes any commercial use (including professional, fundraising, political or promotional uses);

"Original Author" means the 大象传媒 and the individual (or entity) who created any Derivative Work and who should both always be Credited.

"Share" means to communicate or make available to other members of the public by publishing, distributing, performing or other means of dissemination;

"Share-Alike" means Sharing the Work and/or Derivative Work under the same terms and conditions as granted to You under this Licence;

"Work" means the work protected by copyright which is offered under the terms of this Licence;

2. Grant of Licence

2.1 The Licensor hereby grants to You a Non-Commercial, No-Endorsement, payment-free, non-exclusive licence for the duration of copyright in the Work to copy and/or Share the Work and/or create, copy and/or Share Derivative Works on any platform in any media.

2.2 The 大象传媒 hereby grants You a Non-Commercial, No-Endorsement, payment-free, non-exclusive licence to embed and display on your website the 大象传媒 Application and the Work provided by and served by the 大象传媒 for the duration that the 大象传媒 at its discretion makes the 大象传媒 Application available.

2.3 HOWEVER the licence granted in Clause 2.1 and, where applicable, in Clause 2.2, is provided to You only if You:

2.3.1. make reference to this Licence (by URL/URI, spoken word or as appropriate to the media used) on all copies of the Work and/or Derivative Works Shared by You and keep intact all notices that refer to this Licence;

2.3.2. share the Work and/or any Derivative Work only under the terms of this Licence (i.e.Share-Alike);

2.3.3 do not impose any terms and/or any digital rights management technology on the Work and/or Derivative Work that alter or restrict the terms of this Licence or any rights granted under it;

2.3.4. credit (attribute) the Original Author and the Licensor(s) in a manner appropriate to the media used and provide a link to the original Work as licensed by the 大象传媒 (by URL/URI, spoken word or as appropriate to the media used);

2.3.5. do not use the Work (which includes any underlying contributions to the work) and/or any Derivative Work for any illegal, derogatory or otherwise offensive purpose or through the use of the Work or any Derivative Work bring the Licensor's (or underlying rights owners') reputation into disrepute and do not use the Work, the Derivative Work and/or the Work as displayed in the 大象传媒 Application for any purpose or on any website which:

- is intended for or targeted at children who are under 13 years old;

- discriminates against any specific social group or otherwise exploits vulnerable sections of society;

- promotes, encourages or facilitates violence;

- promotes, encourages or facilitates illegal activity;

- promotes, encourages or facilitates terrorism or other activities which risk national security;

- might be perceived as damaging the 大象传媒's reputation for accuracy or impartiality;

- is not open access;

- promotes the tobacco industry or the armaments industry (including gun clubs etc);

- encourages hatred on grounds of race, religion, gender, disability, age or sexual orientation or promotes, encourages or facilitates anti-social behaviour;

- is aimed pre-dominantly at raising funds for a non-commercial organisation;

- otherwise brings the 大象传媒 into disrepute.

2.3.6 do not permit advertising to be displayed on the same page as the 大象传媒 Application or the Work or the Derivative Work where there is a connection between the advertising and the Work. If the 大象传媒 Application or the Work or the Derivative Work constitutes the majority of the page or where the page would not exist without the 大象传媒 Application or the Work or the Derivative Work, You shall ensure that no advertising is displayed on that page. You may not charge users to use the Work or Derivative Work or otherwise commercialise the Work or Derivative Work in any way.

2.3.7 keep this Licence intact and unaltered and including all notices, including any FAQs that refer to this Licence.

2.3.8 You accept and agree that the 大象传媒 has sole editorial control over the Work as displayed in the 大象传媒 Application and it may change or remove the Work as displayed in the 大象传媒 Application at its sole discretion.

2.3.9 You agree to use the 大象传媒 Application as supplied by the 大象传媒 and agree not to modify or reverse engineer it in any way.

2.3 Each time You Share the Work and/or Derivative Work, the Licensor offers to the recipient a Share-Alike licence to the Work provided the recipient complies with the terms of this Licence in respect of the Work and the Work as incorporated in the Derivative Work.

2.4 This Licence does not affect any rights that You may have under any applicable law, including fair dealing or any other exception to copyright infringement.

2.5 This Licence does not permit use by You of any 大象传媒 and/or Digital Revolution Logo unless already incorporated into the Work.

3. Warranties and Disclaimer

3.1 The Licensor warrants that the Licensor is either the Original Author or has secured all rights in the Work necessary to grant this Licence in respect of the Work to You

3.2 The 大象传媒 Application and the Work as displayed in the 大象传媒 Application are made available on an 鈥渁s is鈥� and 鈥渁s available鈥� basis.

3.3 The 大象传媒 has taken reasonable care to ensure that the 大象传媒 Application and any related software code contains no errors, viruses or defects, however the 大象传媒 does not warrant that this is the case. You use the 大象传媒 Application at Your own discretion and risk and You are advised to take all reasonable precautions to protect your computer from virus infection.

3.4 Except as expressly stated in Clause 3.1 the Licensor provides no other warranty, express or implied, in respect of the Work or the 大象传媒 Application.

4. Limit of Liability

4.1 Subject to any liability which may not be excluded or limited by law and/or any liability that You may incur to a third party resulting from a breach by the Licensor of its warranty in Clause 3.1 above, the Licensor shall not be liable and hereby expressly excludes any and all liability for loss or damage howsoever and whenever caused to You or by You.

5. Indemnity

5.1 In the event that a third party commences legal proceedings against the 大象传媒 as a result of Your use of the 大象传媒 Application other than in accordance with this Licence, You agree to indemnify the 大象传媒 in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, it suffers as a result of such action.

6. Termination

6.1 The rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Derivative Works from You under this Licence, however, will not have their licences terminated provided such individuals or entities remain in full compliance with these Licence terms.

7. General

7.1 If any provision of this Licence is held to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the terms of this Licence

7.2 This Licence constitutes the entire agreement between the parties with respect to the Work and any Derivative Work licensed here. There are no understandings, agreements or representations with respect to the Work or Derivative Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication from You.

7.3 Save as to the rights granted to the 大象传媒 as a third party under Clause 5.1 above, a person who is not a party to this Licence will have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

7.4 The 大象传媒 reserves the right to change the terms of this Licence at any time. Any changes that the 大象传媒 considers at its discretion significantly alter the terms of the Licence, shall be notified to You.

7.5 This Licence shall be governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

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