Email(A) Your Licence to Use GNM Videos
1. In these Terms of Use, "GNM Videos" and "GNM Video" mean a video or videos appearing on the Guardian website and marked as available for embed by users.
2. Subject to your compliance with these Terms of Use, and the general terms and conditions for use of the Guardian website (at http://www.guardian.co.uk/help/terms-of-service), you may use the code made available on the Guardian website to embed GNM Videos on your site. This licence is personal to you and may not be transferred
3. You will:
• Make GNM Videos available to your website's end users for their personal use only.
• Retain the headline and any byline associated with the GNM Videos.
• Reproduce our trade marks, logos and branding solely in the form and position provided in the GNM Videos.
• Retain and not interfere with any advertising content that is embedded in the GNM Videos.
4. You will not:
• Edit, adapt, translate or otherwise alter the GNM Videos.
• Distort the meaning or message of the GNM Videos by association, implication or juxtaposition.
• Syndicate or otherwise charge a fee for access to GNM Video.
• Use GNM Videos in a manner that could amount to derogatory treatment within the meaning of the Copyright, Designs and Patents Act 1988.
• Present GNM Videos or your site in a way that seeks to replicate, or pass off your website as a resource belonging to or endorsed by us.
• Make systematic or excessive requests for GNM Videos.
5. Notwithstanding Clause A4 above, you may adjust the GNM Videos so that the width and height of the GNM Video is customised to suit your site.
6. Your website will not (i) contain material that is illegal or discriminatory; (ii) promote or incite violence or an illegal activity; and (iii) be capable, in our sole discretion, of interpretation as racist, sexist or homophobic or promoting such views.
(B) Termination and Take Down
1. We may terminate your licence to use GNM Videos, and ask you to remove GNM Videos and other GNM content from your site, at any time and you will comply with our request for removal of such GNM material immediately.
2. We may take down any GNM Video at any time without notice, which will mean that your ability to publish such GNM Video is automatically revoked.
(C) Data
1. We may collect certain transaction or tracking data in connection with your use of the GNM Videos. This may be used by us internally to analyse use of our site, and to improve our services. By choosing to embed GNM Videos, you agree to such collection.
2. We will not publish any data collected except as anonymised statistical data.
(D) Liability
1. Your use of, and any reliance on, GNM Videos is at your own risk.
2. We hereby exclude all liability for negligence. We shall not be liable for any losses or damages which may be suffered by you in connection with your use of any GNM Video whether the same are suffered directly or indirectly, or are immediate or consequential or are special damages, even if you have previously advised us of the possibility of such damages. In addition, we will not be liable for any loss of revenue, profits, opportunity or data arising in connection with your use of GNM Videos.
3. We hereby exclude liability for the consequences of any inaccuracy, interruptions or errors in the GNM Videos. We are not obliged to make any particular GNM Video available to you.
4. We will not be liable in any circumstances to your end users. We make no representation that GNM Videos will be legally compliant or otherwise appropriate for your intended use.
(E) Your Compliance
(a) You will:
• Follow the instructions contained in any legal or other notice that we bring to your attention in connection with the GNM Videos, including without limitation notice to remove a GNM Video from your site.
• Ensure that your use of GNM Videos is appropriate for your audience, and complies with all relevant local laws. Please take independent legal advice where appropriate.
• Comply with relevant court reporting restrictions and, where publishing GNM Videos, any local laws applicable to publishers (including but not limited to the law on Contempt in the UK).
(b) You must inform us as soon as possible (by email to userhelp@theguardian.com,) if you receive any complaint or claim by a third party in relation to the GNM Videos.
(c) You will not use GNM Videos for any unlawful purpose or in any way that infringes or is likely to infringe the rights (including but not limited to intellectual property rights) of any third party.
(F) Rights
Nothing in these Terms of Use shall operate to transfer to you or create for your benefit any interest (including but not limited to goodwill) in the GNM Videos, our branding or other logos and trade marks included in the GNM Videos, which shall remain at all times the property of GNM, its licensors or third parties.
(G) General
1. You will not use the GNM Videos or any aspect of our relationship with you in a manner that could, in our reasonable opinion, cause harm to our goodwill, conflict with our values or which could cause our brand to be brought into disrepute.
2. The agreement between us is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
First published 17 June 2010
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