Listpoint Terms of Service
1. Your relationship with Liberata UK Limited (Liberata)
1.1 Your access and use of the Listpoint website (the "Website") and any Listpoint products, channels, software, data feeds and services, provided to you on or from or through the Website by Liberata (“Listpoint”) is subject to the terms of a legal agreement between you and Liberata. "Listpoint" is managed by Liberata UK Limited, whose registered office is 4th Floor, 125 Wood Street, London, EC2V 7AN, United Kingdom.
1.3 The Terms form a legally binding agreement between you and Liberata in relation to your access and use of Listpoint. It is important that you take the time to read them carefully. By accessing and using Listpoint you will automatically be taken to have read, understood and accepted the Terms. If you do not agree to be bound by the Terms please cease access and use of Listpoint (including any content you have copied or downloaded).
1.4 The Terms apply to all users of the Listpoint Website and Listpoint Test Environment, including registered users who are also contributors of Content.
“Anonymous User” is defined as an individual who can view only publicly available content on the Listpoint website. Any person who visits the Listpoint website and is not a Registered User is considered an Anonymous User.
“Commercial Use Licence” is defined as the licence required by Registered Users making use of Listpoint for Commercial purposes, including but not limited to, Government tendered projects.
“Content” is defined as any information that is published or distributed in a digital form, including text, data, sound recordings, photographs and images, motion pictures, and software.
“Content Owner” is defined as a User who is responsible for publishing Content on the Listpoint website.
“Data Feeds” include web services allowing access to Listpoint data for any Registered User.
“Developer Account” is defined as a Registered User who subscribes to Premium Services to access additional Premium Content aimed specifically at computer programmers.
“Evaluation Licence” is defined as a 30 day licence for use by Registered Users to evaluate the use of Listpoint for commercial use.
"Free Content" is defined as Content provided at no charge.
“Free Services” includes access to the Listpoint website and publishing and downloading Public Content at no charge.
“Listpoint” is defined as the website, any products, software, data feeds and services.
“Listpoint Account” is defined as the collection of data credentials held for Registered Users.
“Listpoint Website” includes www.listpoint.co.uk, www.listpoint.org, www.listpoint.eu and Listpoint Wiki
“Listpoint Wiki” is the knowledge base for Listpoint
“Listpoint Test Environment” is an environment made available at a charge to Registered Users for developing and testing Content and Services
“Premium Services” includes mapping, alerts, web services, consultancy, applications, bronze support, silver support and gold support made available by Liberata or the respective Content owner at a charge.
“Private Content” is defined as content made available to specific registered users by the Content Owner.
“Public Content” is defined as content made available to any User under an appropriate licence.
“Registered User” is defined as a User who uses the Listpoint website and provides their credentials, effectively proving their identity.
“Services” is defined as Free Services and Premium Services
“User” is defined as a person or organisation that uses a computer or Internet service.
3. Changes to the Terms
Liberata reserves the right to modify the Terms from time to time. You must look at the Terms regularly to check for such changes. If you do not agree to the modified Terms you must unregister and cease using Listpoint. Your continued use of Listpoint after the date when the modified Terms are posted will constitute your acceptance of the modified Terms.
4. Anonymous Users
Anonymous Users are free to browse Listpoint and download Free Content and use Free Services made available under licence by Liberata or the respective Content Owner.
5. Registered Users
5.1 In order to publish and distribute Content, you must register by creating a Listpoint Account. When creating your account, you must provide accurate and complete information. You must keep your Listpoint account password secure and confidential.
5.2 You must notify Liberata immediately of any breach of security or unauthorised use of your Listpoint Account that you become aware of.
5.3 You agree that you will be solely responsible (to Liberata, and to Content Owners) for all activity that occurs under your Listpoint account.
5.4 If you create a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as trademark breaches).
6. General restrictions on use
6.1 Liberata hereby grants Anonymous Users and Registered Users permission to access and use Listpoint, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
i. you agree not to distribute any part of or parts of Listpoint, including but not limited to any Content, in any medium without Liberata's prior written authorisation, unless Liberata makes available the means for such distribution through functionality offered by Listpoint;
ii. you agree not to alter or modify any part or parts of Listpoint without Liberata’s prior written authorisation, unless Liberata makes available the means for such modification through functionality offered by Listpoint;
iii. you agree not to access Content through any technology or means other than the pages of the Website itself, or such other means as Liberata may explicitly designate for this purpose;
iv. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of Listpoint or features that prevent or restrict use or copying of Content or enforce limitations on use of Listpoint or the Content accessible via Listpoint;
v. you agree not to use Listpoint for any Commercial use, including Government tendered projects, unless you have obtained the appropriate Commercial Use Licence from Liberata. An Evaluation Licence is available for 30 days for commercial users wishing to evaluate Listpoint, For further details on the Commercial Use Licence as well as pricing and the free-to-use Evaluation Licence please contact us;
vi. you agree not to use Listpoint for any of the following commercial uses unless you obtain Liberata's prior written authorisation:
(a) the sale of access to the Services
(b) the sale of Content
(c) the sale of advertising, sponsorships or promotions placed on or within Listpoint;
vii. prohibited commercial uses shall not include any use that is expressly authorised by Liberata in writing;
viii. if you use any part of Listpoint on your website you may not modify, build upon or block any portion or functionality of Listpoint including but not limited to links back to the Website without the prior written authorisation of Liberata;
ix. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses Listpoint in a manner that sends more request messages to the Listpoint servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser; subject to fair use policy;
x. you agree not to collect or harvest any personal data of any user of Listpoint (and agree that this shall be deemed to include Listpoint account names);
xi. you agree not to use Listpoint (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise without the prior written authorisation of Liberata;
xii. you agree not use Listpoint to transmit, broadcast or link any advertisement or promotional materials (including banner ads);
xiii. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Liberata or the respective licensors of the Content.
6.3 You acknowledge and agree that the form and nature of Listpoint which Liberata provides may change from time to time without prior notice to you.
6.4 You acknowledge and agree that Liberata may stop (permanently or temporarily) providing Listpoint (or any products or features within Listpoint) to you or to users generally at Liberata's sole discretion, without prior notice to you. You may stop using Listpoint at any time. You do not need to specifically inform Liberata when you stop using Listpoint. Registered Users wanting to terminate their agreement with Liberata should do so in accordance with section 10 of these Terms.
6.5 You agree that you are solely responsible for (and that Liberata has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Liberata may suffer) of any such breach.
6.6 You agree not to use www.Listpoint.co.uk for developing and testing the publishing and distribution of Content or Services (includes Data Feeds). Developers should make use of the Listpoint Wiki and various Tutorials available to understand the full functionality of Listpoint prior to uploading or distributing any Content or Services. Where users have a need to test Content and Services prior to the uploading and distribution through the Listpoint Website, Liberata is able to make a Listpoint Test Environment available. A charge may apply. Further details are available on the Website. On becoming aware of any potential violation of this term, Liberata reserves the right (but shall have no obligation) to terminate a User's access for uploading and distributing Content, without prior notice and at its sole discretion.
6.7 You acknowledge and agree that while Liberata may not currently have set a fixed upper limit on the volume of Content you may upload or download through Listpoint or on the amount of storage space used for the provision of Listpoint; such fixed upper limits may be set by Liberata at any time, at Liberata’s discretion.
6.8 You acknowledge and agree that while Liberata may not currently have set a fixed upper limit on the number of Data Feeds you may send or receive through Listpoint, such fixed upper limits, or volume charges, may be set by Liberata at any time, at Liberata’s discretion.
7.1 If you are a Registered User you may submit Content. You understand that whether or not Content is published, Liberata does not guarantee any confidentiality with respect to Content.
7.2 All Public Content submitted must be made available under one of the following licences:
i. Create Commons License (non-commercial only)
ii. Open Government Licence
ii. Non-Commercial Government Licence
iii. Open Data Commons Public Domain Dedication and Licence(PDDL)
iv. Open Data Commons Open Database License (ODbL)
Please contact Listpoint if you intend on making Public Content available under any other recognised open licence. Public Content is currently unable to be published under commercial licence. Liberata may allow Registered Users in the future to publish Content under commercial licence.
7.3 You retain all of your ownership rights in your Content and you can control how it is shared through your account settings (i.e. Public Content or Private Content), but you are required to grant limited licence rights to Liberata. These are described in section 9 of these Terms (Rights you license).
7.4 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Liberata does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Liberata expressly disclaims any and all liability in connection with Content.
7.5 You represent and warrant that you have (and will continue to have during and after your use of Listpoint) all necessary licences, rights, consents, and permissions which are required to enable Liberata to use your Content for the purposes of the provision of Listpoint by Liberata, and otherwise to use your Content in the manner contemplated by Listpoint and the Terms.
7.6 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) Liberata’s Community Guidelines, as updated from time to time.
7.7 You agree you will not upload, publish or distribute Content which contains any personal or confidential information, for example a persons name, address, telephone number, email address, etc.
7.8 You agree that you will not upload, publish or distribute any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Liberata to use or possess in connection with the provision of Listpoint.
7.9 You agree that Content you submit to Listpoint will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Liberata the licence referred to in section 9 below.
7.10 On becoming aware of any potential violation of these Terms, Liberata reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.11 You further understand and acknowledge that in using Listpoint, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Liberata with respect to any such Content.
7.12 With the exception of Content submitted to Listpoint by you, all other Content on Listpoint is either owned by or licensed to Liberata, and is subject to copyright, trade mark rights, and other intellectual property rights of Liberata or Liberata’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Liberata or, where applicable, Liberata’s licensors. Liberata and its licensors reserve all rights not expressly granted in and to their Content.
8. Rights you License to Liberata
8.1 When you upload or post Content to Listpoint, you grant to Liberata, a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
8.2 The above licences granted by you in Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you as set out in section 7.2 above.
8.3 Liberata may use consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be subject to the same obligations as Liberata.
8.4 After termination of this Agreement, Liberata will not distribute your Content, but may retain and use copies of the Content for support of Listpoint for a reasonable period of time.
9. Links from the Listpoint Website
9.1 Listpoint may include links to other web sites that are not owned or controlled by Liberata. Liberata has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that Liberata provides links to such websites solely as a convenience and is not responsible for the content or availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that Listpoint is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. Ending your relationship with Liberata
10.1 The Terms will continue to apply until terminated by either you or Liberata as set out below.
10.2 If you want to terminate your legal agreement with Liberata, you may do so by notifying Liberata at any time and closing your Listpoint Account. You can close your Listpoint Account online or alternatively your notice should be sent, in writing, to Liberata’s address, which is set out at the beginning of these Terms.
10.3 Liberata may at any time terminate its legal agreement with you if:
i. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
ii. Liberata is required to do so by law (for example, where the provision of Listpoint to you is, or becomes, unlawful); or
10.4 Liberata may terminate its legal agreement with you if:
i. Liberata is transitioning to no longer providing Listpoint to users in the country in which you are resident or from which you use Listpoint; or
ii. the provision of Listpoint to you by Liberata is, in Liberata’s opinion, no longer commercially viable
and in the case of each of i and ii of this section 10.4 shall, where possible, give reasonable notice of such termination.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Liberata have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 13.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Exclusion of Warranties
11.1 Listpoint is provided "as is" and Liberata makes no warranty or representation to you with respect to them.
11.2 In particular Liberata does not represent or warrant to you that:
i. your use of Listpoint will meet your requirements,
ii. your use of Listpoint will be uninterrupted, timely, secure or free from error,
iii. any information obtained by you as a result of your use of Listpoint will be accurate or reliable, and
iv. that defects in the operation or functionality of any software provided to you as part of Listpoint will be corrected.
11.3 The entire risk as to the use of the site and / or the site content rests with you.
11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to Listpoint except to the extent that they are expressly set out in the Terms.
12. Limitation of Liability
12.1 Nothing in these Terms shall exclude or limit Liberata's liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to the overall provision in section 12.1 above Liberata shall not be liable to you for:
i. any indirect or consequential losses which may be incurred by you arising out of or connected to your use of Listpoint. This shall include; any loss of profit (whether incurred directly or indirectly); any loss of goodwill or business reputation; any loss of opportunity; or any loss of data suffered by you;
ii. any loss or damage which may be incurred by you as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on Listpoint;
(b) any changes which Liberata may make to Listpoint, or for any permanent or temporary cessation in the provision of Listpoint (or any features within Listpoint);
(c) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of Listpoint;
(d) your failure to provide Liberata with accurate account information;
(e) your failure to keep your password or Listpoint account details secure and confidential.
12.3 The limitations on Liberata’s liability to you in section 12.2 above shall apply whether or not Liberata has been advised of or should have been aware of the possibility of any such losses arising.
13. General legal terms
13.1 The Terms constitute the whole legal agreement between you and Liberata and govern your use of Listpoint and completely replace any prior agreements between you and Liberata in relation to Listpoint.
13.2 You agree that Liberata may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Listpoint.
13.3 You agree that if Liberata does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Liberata has the benefit of under any applicable law), this will not be taken to be a formal waiver of Liberata's rights and that those rights or remedies will still be available to Liberata.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.5 The Terms, and your relationship with Liberata under the Terms, shall be governed by English law. You and Liberata agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Liberata shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
14. Contacting Us
You can contact us by sending an email to: firstname.lastname@example.org
Or by writing to us at:
Listpoint Managing Director
Liberata UK Limited
4th Floor, 125 Wood Street