Royal Botanic Gardens, Kew Repository Terms of Use

Terms of use

The Kew Research Repository is part of a shared research repository service managed by the British Library. These terms of use (together with the documents referred to in it) explain the terms on which you may make use of the Kew Research Repository (“Repository”). By using the Repository, you confirm that you accept these terms of use and that you agree to comply with them.

Use of outputs

Research outputs are made available in the Repository on terms agreed with the authors/depositors of the outputs. As an end user you may use the items only if you abide by the licence or other terms under which it has been released, e.g. the terms of a specific Creative Commons Licence.

Unless indicated otherwise, items made publicly available in the Repository are protected by copyright with all rights reserved.

To ensure licence compliance and good research practice, research outputs also need to be properly acknowledged, including citing their author(s) and full bibliographic details.

The Kew privacy policy which sets out the terms on which any personal data collected from you or provided by you is processed. By using this site, you understand such processing will be carried out and you warrant that all data provided by you is accurate.

Changes to these terms

The terms found on this page may be amended at any time. You should check this page regularly to see if anything has changed, as it will apply to your use of the Repository.

Availability of the Repository

We cannot guarantee that the Repository will always be available or be uninterrupted.

We may have to suspend or withdraw, amend, update or restrict the availability of all or any part of the Repository at any time without giving advance notice. We are not liable if, for any reason, the Repository is unavailable or out of date at any time or for any period.

Prohibited Uses

You can only use our Repository for lawful purposes. You can’t use our Repository:

in any way that breaches any applicable local, national or international law or regulation
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience anyone or which might restrict or inhibit the use and enjoyment of the Repository by anyone
to send, or procure the sending of, spam – that is any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
to knowingly send any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
in any way that causes interruption or damage to the Repository or renders it impaired or less efficient
to disseminate advertisements or for any other commercial purposes (which would include using the Repository to promote or encourage the sale of your goods/services)
In any way that might bring us, any of our employees, volunteers or affiliates into disrepute.

Our liability

The content displayed on our Repository is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

all implied conditions, warranties, representations or other terms that may apply to our site and any content on it
any liability for any direct, indirect or consequential loss or damage incurred by you or any user in connection with our Repository, or in connection with the use, inability to use, or results of the use of our Repository, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time and for any other loss or damage of any kind, however arising and whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable

Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under the applicable law or which alternatively may affect your rights as a consumer (as applicable).

We do not represent or warrant that our Repository is free of all viruses or other harmful components. You should therefore exercise caution in your use of the Repository and when downloading any content and use up to date, industry recognised software to detect and destroy any viruses or similar destructive devices. You agree that you access our Repository and download any contents at your own risk and that you will be solely responsible for your use and any damage to any computer system, loss of data or other harm that may result.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Repository or to your downloading of any material posted on it, or on any website linked to it.

Governing Law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Notice and takedown

Royal Botanic Gardens, Kew is responsible for responding to requests about items in this Repository. In making the Repository available online, we act in good faith. This means every effort has been made to ensure that content on the Repository does not infringe anybody’s right or applicable UK laws.

If you are the owner of the copyright or related rights in any of the material in the Repository and you believe that use of this material infringes your intellectual property or any other rights, or you believe that the material may be subject to a third party ownership or another legal claim, please contact us in writing and include the following information:

· Your contact details

· Sufficient information, including the full URL, needed to identify the item

· If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative

· The reason for your request including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc.

When we get your notice:

· we will acknowledge receipt of your complaint and make an initial assessment of your complaint’s validity and plausibility

· upon receipt of a valid complaint the material will be temporarily removed from our Repository

· we will investigate your complaint, which may include seeking internal or external legal advice or, if it relates to material contributed by a third party, notifying the third-party contributor of the complaint and providing an opportunity to comment on the complaint.

Depending on the outcome of our investigation, we may, in respect of all or part of the material:

· permanently remove the material from the Repository;

· replace the material on the Repository unchanged;

· replace the material on the Repository with changes.

Contact details

Royal Botanic Gardens, Kew

Research Repository

repository@kew.org

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