OEP Rules
Ordnance Survey Outdoor Exploration Portal Rules
Welcome to Ordnance Survey’s Outdoor Exploration Portal (the “OEP”). This page (together with the Copyright / IPR Policy) tells you the terms on which you may make use of the OEP website pages (the “OEP Rules”) whether as a guest or as a registered user.
Please read these OEP Rules carefully and ensure that you have understood them before you use the OEP. By using the OEP you indicate that you accept these OEP Rules and that you agree to abide by them. If you do not agree to these OEP Rules, please cease use of the OEP immediately.
1. Definitions
“Administrator” (also referred to herein as “we”) means the Secretary of State for Communities and Local Government acting through Ordnance Survey, whose principal place of business is at Romsey Road, SOUTHAMPTON, UK, SO16 4GU;
“Administrator Mapping Data” means all mapping data owned by or licensed to the Administrator which is viewable on the OEP;
“Content Standards”means the standards which apply to each part of a Submission as more particularly set out in Clause 7.
“Login” means any email address, username, user ID, password or other piece of information either chosen by you and accepted by the Administrator, or provided to you by the Administrator from time to time which enables a User to have access to certain parts and/or features of the OEP;
“Map Transaction” means the display of images created from Administrator Mapping Data in response to a User request;
“Route Transaction” means a route between two or more locations/waypoints drawn by User on the display of Administrator Mapping Data, and/or the display of such routes in response to a User request, together with any and all objects overlaid on the display and/or associated route descriptions.
“Submission”means any and all content, material, text, drawing, photograph, or other contribution put on the OEP by a User including but not limited to (a) any blog, comment, forum or bulletin board entry (whether or not related to a route); and (b) any Route Transaction;
“Use” means any intended legitimate use of the OEP as determined by the Administrator including viewing information and causing Map Transactions and Route Transactions;
“User”means any person who Uses the OEP.
2. The Administrator
2.1 The OEP Portal is owned, provided and managed by Ordnance Survey, (acting on behalf of the Secretary of State for Communities and Local Government) whose principal place of business is at Romsey Road, SOUTHAMPTON, UK, SO16 4GU (the “Administrator”).
2.2 The Administrator can be contacted by writing to Romsey Road, SOUTHAMPTON, UK, SO16 4GU or by email on explore@ordnancesurvey.co.uk.
3. Amendments to the OEP Rules
The Administrator may update or revise the OEP Rules (including the Copyright / IPR Policy) at any time, with immediate effect, without notice. You are responsible for reviewing these pages regularly to ensure you are aware of any changes made and your continued use of the OEP after the changes have been posted means you agree to be legally bound by the new OEP Rules.
4. Use of the OEP and User Registration
4.1 By Using the OEP you warrant that you have the right, authority and capacity to enter into and be bound by these OEP Rules.
4.2 To access certain parts and/or features of the OEP you will be required to register a Login with the Administrator. You shall not select or use a Login with the intent of impersonating another person. You shall keep your Login confidential and shall not disclose to and/or allow any other individuals to use your Login to access any part of the OEP. You acknowledge that the Administrator may disable or delete any Login at any time for any reason whatsoever.
4.3 You must not misuse the OEP by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the operation of the OEP. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990 and we will report such breach to the relevant law enforcement authority and we will co-operate with such authority by disclosing your identity to them.
4.4 In the event that the Administrator, in its sole discretion, considers that you are making any unauthorised, unlawful or fraudulent use of the OEP, and/or your Use of the OEP is in breach of the OEP Rules, and/or a Submission is not appropriate for display on the OEP for any reason, the Administrator reserves the right to take such action as it deems appropriate and/or necessary, including, but without limitation:
a. immediate, temporary or permanent withdrawal of your right to use the OEP;
b. immediate, temporary or permanent amendment or removal of any Submission already posted on the OEP;
c. issuing a warning to you;
d. instigating legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach; and/or
e. disclosing such information to law enforcement authorities as we reasonably feel is necessary or required by law.
5. Availability of the OEP
5.1 The Administrator aims to provide you with the best possible service but can not warrant that the service will be uninterrupted, error free or otherwise operate in accordance with your expectations and the Administrator accepts no responsibility or liability in respect thereof.
5.2 The Administrator may suspend or restrict access to the whole or any part of the OEP at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades. If we do so we will endeavour to restore the service as soon as reasonably practicable, but the Administrator accepts no responsibility or liability in respect of any suspension or restriction.
5.3 The Administrator reserves the right to make any changes to the OEP or to discontinue the whole or any aspect or feature of the OEP without notice.
5.4 The OEP is provided for Use by private individuals only. A User may not use the OEP or any part thereof in connection with any commercial purpose or venture.
6. Administrator Intellectual Property
The Administrator owns or has a licence to use all right, title and interest in and to the OEP, including without limitation all copyright and any other intellectual property rights therein, including the Administrator Mapping Data. Click here to see our Copyright / IPR Policy.
7.1 Whenever a User makes a Submission, or makes use of any associated interactive services (including but without limitation making contact with other users of the OEP) a User must comply with the Content Standards set out in this Clause 7. These Content Standards apply to each part of a Submission as well as to its whole and they must be complied with in spirit as well as to the letter. The Administrator will determine, in its absolute discretion, whether a Submission breaches the Content Standards.
7.2 A Submission must:
a. Be accurate (where it states facts);
b. Be genuinely held (where it states opinions);
c. Be relevant;
d. Comply with the law applicable in England & Wales and in any country from which it is posted.
7.3 A Submission must not:
a. Infringe any copyright, database right, trade mark or any other rights of any other person;
b. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety to any other person, In particular, but without limitation, you should not create any Route Transaction which veers from designated paths and/or goes onto privately owned property;
c. Contain any information which is likely to harass, upset, embarrass or alarm any other person;
d. Contain any information which is likely to deceive any other person;
e. Contain any information which is defamatory of any person;
f. Contain any information which is obscene, offensive, sexually hateful or inflammatory;
g. Contain any sexually explicit or pornographic material;
h. Promote violence;
i. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
j.Promote, or incite any person to commit, or assist in, any illegal activity;
k. Contain, engage in or promote any advertising, commercial services, sales and/or weblinks to other websites;
l. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or be in contempt of court;
m. Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual;
n.Impersonate any person, or misrepresent your identity or affiliation with any person or organisation;
o. Give the impression that the Submission emanates from Ordnance Survey where this is not the case.
7.4 By submitting, posting or displaying any Submission on or through the OEP, User hereby grants to the Administrator a non-exclusive, perpetual, irrevocable, royalty free, worldwide licence to use, copy, edit, alter, reproduce, publish, distribute and/or sub-licence the whole and/or any part of the Submission, on or in connection with the OEP and for any other purpose.
7.5 By submitting, posting or displaying any Submission on or through the OEP, User hereby warrants that your Submission complies with the Content Standards, and you have the right to grant the non-exclusive licence, described above and you indemnify us for any breach of this warranty. You also acknowledge that we have the right to disclose your identity to any third party who is claiming that the whole or any part of your Submission constitutes a violation of their intellectual property rights or their right to privacy.
7.6 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the OEP, but agree that the Administrator may, at its sole discretion, choose to display any Submission or any part of a Submission that you post on the OEP (or for any other purposes).
8 Moderation
8.1 The OEP is fully moderated. Every Submission put on the OEP by Users will be checked by the Administrator for compliance with our Content Standards as soon as reasonably practicable after it is created/posted. Equally every complaint reported to the OEP Report Abuse page will be dealt with by the Administrator as soon as reasonably practicable after it is posted.
8.2 The Administrator reserves the right to remove, or disable access to, the whole or any part of a Submission, if in our opinion such Submission does not comply with our Content Standards (which for the avoidance of doubt means any Submission which is potentially defamatory of any person or which we deem unlawful or in violation of any third party rights).
8.3 Although the OEP is fully moderated, the Administrator is under no obligation to any User to oversee, monitor or moderate the OEP and we may stop moderating it at any time.
9. Warranties and Liabilities
9.1 The Administrator provides Users with access to the OEP free of charge and, to the maximum extent permitted by law, the Administrator expressly excludes all representations, warranties, obligations and liabilities in connection with the OEP and the Administrator shall not be liable for any loss, injury or damage caused in whole or in part by Use of the OEP or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the OEP or the information provided therein, or by the Administrator’s failure to perform any of its obligations under these OEP Rules. The Administrator shall use all reasonable endeavours to ensure that the content of the OEP is correct on the date that it first appears on the OEP.
9.2 In no event shall the Administrator be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit arising from any Use of the OEP.
9.3 The information provided on the OEP by the Administrator is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. The Administrator does not guarantee the accuracy, precision or exhaustive nature of information published on the OEP.
9.4 Where any Submission or other part of the OEP includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by the Administrator and, to the maximum extent permitted by law, the Administrator shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
9.5 Links to third party websites may appear on the OEP. Such third party websites are not the responsibility of the Administrator and the Administrator accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
10. Data Protection and Privacy Policy
The Administrator is committed to protecting the privacy of Users and the confidentiality of the information provided to it by Users Using the OEP. Users personal data shall be handled in accordance with the Administrator’s Data Protection and Privacy Policy. Click here to review the Data Protection and Privacy Policy.
11. Termination
11.1 In the event of deletion of your Login and/or the termination of your right to Use the OEP for whatever reason, you must not attempt to Use the OEP.
11.2 Clauses 6 to 12 inclusive shall survive termination of these OEP Rules for any reason, and shall be valid and enforceable against you.
12. General
12.1 You may print and keep a copy of these OEP Rules, which form the entire agreement between you and the Administrator and supersede any other communications or advertising with respect to the OEP.
12.2These OEP Rules and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
12.3 You shall comply with all foreign and local laws and regulations which apply to your Use of the OEP in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
12.4 You agree that because of the unique nature of the OEP and the Administrator’s proprietary rights therein, a demonstrated breach of these OEP Rules by you would irreparably harm the Administrator and monetary damages would be inadequate compensation. Therefore, you agree that the Administrator shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these OEP Rules.
12.5If any provision of these OEP Rules is declared void, illegal, or unenforceable, the remainder of these OEP Rules shall be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
12.6 Any failure by any party to these OEP Rules to enforce at any time any term or condition under these OEP Rules shall not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these OEP Rules.
12.7 Nothing in these OEP Rules shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Administrator and such third parties shall not be entitled to enforce any term of these OEP Rules against the Administrator.