- 1. Agreement
- 2. Definitions
- 3. Registration and account information
- 4. Use of Trove
- 5. User Content
- 6. Intellectual property rights in Trove
- 7. Trademark licence
- 8. Copyright
- 9. No warranty
- 10. Security
- 11. Liability
- 12. Indemnity
- 13. Termination and suspension of access and removal of User Content
- 14. Appeal process
- 16. Entire agreement
- 17. Severability
- 18. Location of Trove
- 19. Governing Law
Trove is a collaboration between the National Library of Australia (Library) and hundreds of partner institutions around Australia that brings together records and digitised content from libraries, museums, galleries, universities, archives, data repositories and other research and collecting organisations. Trove contains both digital copies of content, for example digitised newspapers, and links to items held in other collections.
Users are able to access and use Trove, and provide content and/or contribute to content.
1.2 These terms must be read in conjunction with any terms and conditions appearing on Trove and the Library website, including:
(a) Copyright means the Trove copyright notice available at https://trove.nla.gov.au/about/policies/copyright
(b) Disclaimer means the Trove disclaimer available at https://trove.nla.gov.au/general/about#disclaimer;
(c) Library, we, our and us means the National Library of Australia (ABN 28 346 858 075) a body corporate established by the National Library Act 1960 (Cth);
(d) Personal Information has the meaning given in the Privacy Act 1988 (Cth);
(f) Privacy means the Trove privacy information available at http://help.nla.gov.au/trove/our-policies/trove-privacy-statement;
(h) Trove means the website of that name made available by the Library, and includes any other functions or services delivered by the Library or Trove Partners to you in connection with that service;
(i) Trove Partners means the partner institutions who have entered into Trove Collaborative Services Agreements with the Library; and
(j) User Content means any content uploaded (such as text corrections, comments, images, notes), posted or otherwise provided by you in relation to Trove.
3. Registration and account information
3.1 To use some of the features of Trove, such as creating lists, you will need to register and create a Trove user account.
3.3 You agree to provide the Library with accurate and complete registration information, including a valid email address by which you can be contacted for administrative purposes. Accounts without a valid email address may be terminated in accordance with section 13.1. It is your responsibility to inform the Library of any changes to your registration information.
3.4 You agree not to create an account using false or misleading information or on behalf of someone other than yourself. Please note that using a pseudonym on Trove will not violate this section 3.4. 3.5 Subject to section 3.6, you must keep your account details (including username and password) confidential and not provide them to any other person.
3.6 Where the registered user is an organisation, the organisation is responsible for ensuring the security of the account details (including user name and password).
3.7 You are responsible for the security of your account details and any unauthorised use of your account, and the Library is not responsible for any unauthorised use of your account. You are entirely responsible for all activities that occur through your account.
4. Use of Trove
4.2 If you use any content delivered by, or made available on, Trove, you must attribute the content, including with a link to Trove. In attributing any content you use, you must provide attribution to:
(b) the user or person that contributed the content; and
(c) the substantive content author (if known).
4.3 Your use of Trove is voluntary and any User Content you upload is provided at your own cost and expense.
4.4 You agree, in using Trove, not to:
(a) sell, rent, or otherwise offer Trove to others, without the Library's prior written consent;
(b) use Trove in any unlawful, fraudulent, defamatory or harmful manner, including to post any User Content that is pornographic, obscene, threatening, offensive, invasive of privacy, or which would constitute or encourage a criminal offence, or give rise to liability under, or breach, any law;
(c) post information about any other person on Trove without obtaining the prior consent of the person to whom the information pertains;
(d) use Trove, or post any User Content that interferes with, impacts, harasses or intimidates other users of Trove or members of the public;
(e) use any automated tool to access, copy or extract any content or information available on Trove, without the Library's prior written consent; or
(f) introduce or permit the introduction of any virus, worm, trojan or other malicious code into Trove, or in any other manner whatsoever corrupt, degrade or disrupt Trove.
4.6 You agree to comply with all applicable laws in using Trove.
4.7 You acknowledge that, in using Trove, the Library:
(a) does not intend to edit, monitor, moderate or screen any content uploaded or made available on Trove, but reserves the right to do so;
(b) is not responsible for any content uploaded or made available on Trove, or any content linked to it;
(d) may remove any User Content at any time in its discretion, without providing notice to you.
4.8 You agree and consent to the Library using tools, including Google analytics, to track your behaviour and use of Trove and may use and share that information with others on a de-identified and non-attributable basis.
4.10 You understand that by making your user profile and/or User Content public that your personal information may be published overseas and you consent to such overseas disclosure of your personal information.
4.12 Excluding the sale of books and the promotion of Library or Trove Partner events:
(a) Trove is provided solely for personal use; and
(b) you must not upload to Trove or otherwise distribute on or through Trove any content or material containing any advertising, promotion or solicitation for goods, services or funds, or solicitation for anyone to become members of any commercial enterprise or organisation, without the express written permission of the Library.
4.13 Any unauthorised use of any interactive area of Trove, or content delivered by, or made available on Trove, is expressly prohibited.
5. User Content
5.2 You grant to the Library a perpetual, irrevocable, worldwide, royalty free, non-exclusive licence to use, distribute, copy, preserve and sublicence any User Content you upload or otherwise contribute to Trove, including to allow the Library to licence your User Content under a Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) License (terms available here: https://creativecommons.org/licenses/by-nc/4.0/legalcode).
6. Intellectual property rights in Trove
6.1 The Library and its licensors own and retain all right, title and interest in and to:
(a) the logos, design and architecture of Trove;
(b) the Library's trademarks, including the Trove trademark;
(c) any software provided through Trove; and
(d) any content created by or on behalf of the Library, including Trove user guidance information, (collectively, the Library IP).
7. Trademark licence
The following section 7 is only applicable to registered Trove Partners. If you are a Trove Partner, please refer to your Trove Collaborative Services Agreement for more information about your rights and obligations as a Trove Partner.
7.2 Your use of the Library's trademarks, including the Trove trademark, is subject to the Library's brand guidelines as updated from time to time.
7.3 If the Library determines at any time that you are using or displaying any of the Library's trademarks, including the Trove trademark, in a manner that is or may be detrimental to the Library's interests, the Library may issue reasonable instructions concerning the manner, if any, in which you may continue the use of the Library's trademarks, including the Trove trademark. You must promptly comply with such instructions or cease the use or display of the relevant Library trademark.
8.2 You must ensure that your use or reproduction of any content delivered by, or made available on, Trove complies with the Copyright Act 1968 (Cth) and the copyright owner's licensing requirements. This includes, to the extent required, checking with and/or obtaining the copyright owner's consent before using or reproducing such content.
9. No warranty
9.1 The Library expressly disclaims any and all warranties of any kind, express or implied, in respect of Trove. 9.2 Without limiting section 9.1, the Library makes no warranty, express or implied, nor assumes any legal liability or responsibility in relation to the following:
(a) that Trove or the Library's websites and servers are free of computer viruses or any other harmful components, defects or errors;
(b) that any defects in Trove will be corrected;
(c) that your access to Trove will be reliable, uninterrupted or error-free;
(d) for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(e) for any theft, destruction, damage or unauthorised access to your computer system or network.
10.1 The Library does not accept responsibility for accidental or malicious damage that may arise to your local systems, data, software or hardware through accessing Trove and its content.
10.2 To maintain the security of Trove, and to assist in maintaining its availability, the Library uses software programs to monitor network traffic. The programs identify unauthorised attempts to upload or change information, deny service, or otherwise cause damage or access non-public information. Unauthorised attempts to upload or change information are strictly prohibited and may be punishable under legislation. The Library may provide information about possible violations of the law to law enforcement officials.
10.3 The Library reserves the right to limit or block automated requests submitted at a rate that negatively impacts service delivery to patrons.
11.1 The Library does not guarantee the accuracy or completeness of Trove or any content made available by, or accessible on, Trove.
11.2 To the extent permitted by law, the Library is not liable for any loss, injury, claim, liability or damage of any kind resulting from the use of Trove, or for any content available or accessible on Trove, including any privacy breach or infringement of copyright. The Library is not liable for any special, indirect, incidental or consequential loss or damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the use of or inability to use Trove.
12.2 You must cooperate with the Library as reasonably required in the defence of any third party claim.
13. Termination and suspension of access and removal of User Content
13.1 The Library reserves the right to:
(a) withdraw, suspend or limit your access to or use of Trove;
(b) limit, suspend, terminate, modify or delete your account, at its discretion, without providing notice to you.
13.2 The Library may, at its discretion, remove any User Content at any time without providing notice to you.
(a) your access to or use of Trove has been withdrawn, suspended or limited by the Library;
(b) your account has been limited, suspended, terminated, modified or deleted by the Library; or
(c) any of your User Content has been removed by the Library, you may not register for another Trove user account or add User Content to Trove, without the Library's prior written consent.
14. Appeal process
14.1 If your access to or use of Trove has been withdrawn, suspended or limited by the Library, or your account has been limited, suspended, terminated, modified or deleted by the Library, or your User Content has been removed from Trove by the Library, you may make a complaint to the Library in accordance with the Library's feedback procedure.
14.2 The Library will deal with and respond to your complaint in accordance with the Library's service charter.
16. Entire agreement
18. Location of Trove
18.1 Trove is controlled and offered by the Library from Australia. The Library makes no representations that Trove is appropriate or available for use in other locations. Those who access or use Trove from other jurisdictions do so at their own volition and are responsible for complying with local law.
19. Governing Law
19.2 You submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.