Further Definitions. In these terms and conditions (the "Terms") the following expressions shall have the following meanings: CLA - the Copyright Licensing Agency Limited incorporated and registered in England and Wales with company number 1690026 whose registered office is at Saffron House, 0-00 Xxxxx Xxxxxx, London, EC1N US; CLA News Item - any article, or part of an article, extracted from any published edition of a journal, magazine or other periodical containing an item of news or current affairs and provided by the Supplier to the Customer under licence from the CLA whether in paper, facsimile, electronic or any other form and CLA News items shall be construed accordingly; Clip - any or all of a CD Audio Clip, a Digital Audio Clip, a Digital Video Clip and a DVD Video Clip and Clips shall be construed accordingly; Copy - a hard copy, faxed, emailed or web delivered version of a News Item and Copies shall be construed accordingly; Excluded Material - works identified in the list of excluded categories as listed on the CLA's website as may be amended from time to time by the CLA; Item - any or all of: a Clip, a Copy, a News Item, a Transcript provided pursuant to the Services and Items shall be construed accordingly; News Item - a CIA News Item and / or NLA News Item and / or any other item of news or current affairs sourced from any service provider including Copyright Bodies and News Items shall be construed accordingly; NLA News item - (i) any article, column, report or other item in electronic form produced or supplied by a newspaper, magazine or by the NLA or taken from a newspaper or magazine in the form that it appeared in the newspaper or magazine; or (ii) any article from a newspaper or magazine which has been digitally scanned to produce a "read-only" version which cannot be searched or amended; or (iii) a photograph, illustration, graphic, cartoon or other image but not an advertisement and provided by The Supplier to the Customer under licence from the NLA and NLA News Items shall be construed accordingly; Meta-data - headline, byline, publication name, publication section, page and word count data which describes a News Item but which does not contain any body text as supplied by the NLA pursuant to the NLA Licence; Portal - the online service platform into which content supplied under the Services is delivered; Rights Restricted Material - material in respect of which (i) a newspaper publisher does not own copyright; or (ii) a newspaper publisher has not mandated the NLA to grant a licence; or (iii) the NLA does not grant licences from time to time; a maximum duration of 2 minutes provided in a word or pdf format and Transcripts shall be construed accordingly. Whilst the Supplier will use its reasonable endeavours to provide the Customer with a reasonably acceptable level of accuracy and timeliness in performing the Monitoring Services, and will apply such time, attention, resources, trained personnel and skill as may be reasonably necessary or appropriate for the due and proper performance of the Monitoring Services hereunder, the Customer acknowledges and accepts that, having due regard to the manner in which the Reading List is monitored and the News Items are collected, and the volume of material from which the News Items are derived, and where applicable the Supplier is relying upon third party suppliers when performing the Monitoring Services, no warranty, guarantee or representation is made by the Supplier that the Monitoring Services will be complete, accurate and/or fit for the purpose.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Further Definitions. In these terms and conditions (the "Terms") the following expressions shall have the following meanings: CLA - the Copyright Licensing Agency Limited incorporated and registered in England and Wales with company number 1690026 whose registered office is at Saffron House, 0-00 Xxxxx Xxxxxx, London, EC1N US; CLA News Item - any article, or part of an article, extracted from any published edition of a journal, magazine or other periodical containing an item of news or current affairs and provided by the Supplier to the Customer under licence from the CLA whether in paper, facsimile, electronic or any other form and CLA News items shall be construed accordingly; Clip - any or all of a CD Audio Clip, a Digital Audio Clip, a Digital Video Clip and a DVD Video Clip and Clips shall be construed accordingly; Copy - a hard copy, faxed, emailed or web delivered version of a News Item and Copies shall be construed accordingly; Excluded Material - works identified in the list of excluded categories as listed on the CLA's website as may be amended from time to time by the CLA; Item - any or all of: a Clip, a Copy, a News Item, a Transcript provided pursuant to the Services and Items shall be construed accordingly; News Item - a CIA News Item and / or NLA News Item and / 1 or any other item of news or current affairs sourced from any service provider including Copyright Bodies and News Items shall be construed accordingly; NLA News item - (i) any article, column, report or other item in electronic form produced or supplied by a newspaper, magazine or by the NLA or taken from a newspaper or magazine in the form that it appeared in the newspaper or magazine; or (ii) any article from a newspaper or magazine which has been digitally scanned to produce a "read-only" version which cannot be searched or amended; or (iii) a photograph, illustration, graphic, cartoon or other image but not an advertisement and provided by The Supplier to the Customer under licence from the NLA and NLA News Items shall be construed accordingly; Meta-data - headline, byline, publication name, publication section, page and word count data which describes a News Item but which does not contain any body text as supplied by the NLA pursuant to the NLA Licence; Portal - the online service platform into which content supplied under the Services is delivered; Rights Restricted Material - material in respect of which (i) a newspaper publisher does not own copyright; or (ii) a newspaper publisher has not mandated the NLA to grant a licence; or (iii) the NLA does not grant licences from time to time; a maximum duration of 2 minutes provided in a word or pdf format and Transcripts shall be construed accordingly. Whilst the Supplier will use its reasonable endeavours to provide the Customer with a reasonably acceptable level of accuracy and timeliness in performing the Monitoring Services, and will apply such time, attention, resources, trained personnel and skill as may be reasonably necessary or appropriate for the due and proper performance of the Monitoring Services hereunder, the Customer acknowledges and accepts that, having due regard to the manner in which the Reading List is monitored and the News Items are collected, and the volume of material from which the News Items are derived, and where applicable the Supplier is relying upon third party suppliers when performing the Monitoring Services, no warranty, guarantee or representation is made by the Supplier that the Monitoring Services will be complete, accurate and/or fit for the purpose.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement