Terms of use

Summary

Trove is an online service created by the National Library of Australia ABN 28 346 858 075 (NLA), bringing together records and digitised content from libraries, museums, galleries, universities, archives, data repositories and other research and collecting organisations around Australia. 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, providing content and/or contributions to the content.

Before you use Trove, please read the following terms and conditions (Terms of Use) which govern your use of Trove.

Terms of Use

1. Agreement

1.1 These Terms of Use constitute an agreement between you and the NLA. By using and accessing any component of Trove, you agree to be bound by these Terms of Use. These Terms of Use apply irrespective of whether you have registered for a Trove user account.

1.2 These terms must be read in conjunction with any terms and conditions appearing on Trove and the NLA website, including:

  • (a) Copyright Statement;
  • (b) Disclaimer;
  • (c) Privacy Statement;
  • (d) Privacy Policy.
2. Definitions

2.1 In these Terms of Use, except where the contrary intention is expressed, capitalised terms have the following meaning:

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.

3.2 In registering for an account, you may be required to provide some Personal Information, such as your email address. You should refer to the Privacy Statement and the Privacy Policy for further information.

3.3 You agree to provide the NLA 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 NLA 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 NLA 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

4.1 Your use of Trove is subject to the conditions set out in these Terms of Use.

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:

  • (a) Trove;
  • (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 NLA’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) use Trove, or post any User Content that interferes with, impacts, harasses or intimidates other users of Trove or members of the public;
  • (d) use any automated tool to access, copy or extract any content or information available on Trove, without the NLA’s prior written consent; or
  • (e) 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.

4.5 You agree and consent to the use of cookies by the NLA for Trove.

4.6 You agree to comply with all applicable laws in using Trove.

4.7 You acknowledge that, in using Trove, the NLA:

  • (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;
  • (c) reserves the right to examine from time to time, some, or all, of the content uploaded or made available on Trove for compliance with these Terms of Use and to alter or change any content, including User Content uploaded by you, that may be objectionable or breach these Terms of Use. You consent to infringement of any moral rights arising from the alteration or change of the User Content by the NLA; and
  • (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 NLA 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.

4.9 You agree and consent to the NLA identifying you by your IP address and browser settings if you are misusing Trove or breaching these Terms of Use.

4.10 You acknowledge that the NLA has the right to implement technical measures and mitigations which may affect your access to Trove if you use technical measures or other arrangements to circumvent or otherwise not comply with these Terms of Use.

4.11 Excluding the sale of books and the promotion of NLA 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 NLA.

4.12 Any unauthorised use of any interactive area of Trove, or content delivered by, or made available on Trove, is expressly prohibited.

5. User Content

5.1 You represent and warrant that you have all necessary rights to upload the User Content to Trove and grant the rights required under these Terms of Use in relation to the User Content.

5.2 You grant to the NLA 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 NLA 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 NLA and its licensors own and retain all right, title and interest in and to:

  • (a) the design and architecture of Trove;
  • (b) the NLA’s trademarks, including the Trove trademark;
  • (c) any software provided through Trove; and
  • (d) any content created by or on behalf of the NLA, including Trove user guidance information,
    (collectively, the NLA IP).

6.2 You must seek permission from the NLA if you would like to use Trove in a way that is not outlined in these Terms of Use. Except for any rights explicitly granted in writing by the NLA under these Terms of Use or otherwise, you are not granted any rights in and to any NLA IP.

7. Trademark licence

7.1 The NLA grants you a non-transferable, non-exclusive licence while you remain a registered partner of Trove to display the NLA’s trademarks, including the Trove trademark, in relation to your use of Trove as permitted expressly in writing by the NLA under these Terms of Use or otherwise.

7.2 Your use of the NLA’s trademarks, including the Trove trademark, is subject to the NLA’s brand guidelines as issued from time to time.

7.3 If the NLA determines at any time that you are using or displaying any of the NLA’s trademarks, including the Trove trademark, in a manner that is or may be detrimental to the NLA’s interests, the NLA may issue reasonable instructions concerning the manner, if any, in which you may continue the use of the NLA’s trademarks, including the Trove trademark. You must promptly comply with such instructions or cease the use or display of the relevant NLA trademark.

8. Copyright

8.1 Nothing in these Terms of Use limits the Copyright Statement.

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 NLA expressly disclaims any and all warranties of any kind, express or implied, in respect of Trove.

9.2 Without limiting section 9.1, the NLA makes no warranty, express or implied, nor assumes any legal liability or responsibility in relation to the following:

  • (a) that Trove or the NLA’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. Security

10.1 The NLA 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 NLA 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 NLA may provide information about possible violations of the law to law enforcement officials.

10.3 The NLA reserves the right to limit or block automated requests submitted at a rate that negatively impacts service delivery to patrons.

11. Liability

11.1 The NLA 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 NLA 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 NLA 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. Indemnity

12.1 To the extent permitted by law, you indemnify the NLA, its officers, directors, employees, agents, distributors and affiliates, and any third party information providers to Trove, for any loss or damage suffered, or any costs or expenses incurred or resulting from any breach of these Terms of Use by you or your access or use of Trove, including any or all third party claims, demands, liabilities, costs or expenses arising directly or indirectly out of or in connection with your access or use of Trove.

12.2 You must cooperate with the NLA 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 NLA 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 NLA may, at its discretion, remove any User Content at any time without providing notice to you.

13.3 Without limiting sections 13.1 or 13.2, if the NLA considers that you have committed a material breach of these Terms of Use, the NLA may exercise its rights under section 13.1 and remove all of your User Content from Trove under section 13.2.

13.4 If:

  • (a) your access to or use of Trove has been withdrawn, suspended or limited by the NLA;
  • (b) your account has been limited, suspended, terminated, modified or deleted by the NLA; or
  • (c) any of your User Content has been removed by the NLA,

you may not register for another Trove user account or add User Content to Trove, without the NLA’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 NLA, or your account has been limited, suspended, terminated, modified or deleted by the NLA, or your User Content has been removed from Trove by the NLA, you may make a complaint to the NLA in accordance with the NLA’s feedback procedure.

14.2 The NLA will deal with and respond to your complaint in accordance with the NLA’s service charter.

15. Changes to the Terms of Use

15.1 The NLA may change these Terms of Use at any time in its sole discretion.

15.2 The NLA will notify you of any changes to these Terms of Use by adding a statement on Trove and the amended Terms of Use will take effect 5 working days (in the Australian Capital Territory) after the date on which the statement was added to Trove. If you do not agree to the updated Terms of Use, you must immediately cease using Trove.

16. Entire agreement

16.1 These Terms of Use constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of Trove.

17. Severability

17.1 If any provision of these Terms of Use is deemed to be unenforceable for any reason by any court, the invalidity of the provision does not affect the validity of any other provisions in these Terms of Use, which remain in full effect.

18. Location of Trove

18.1 Trove is controlled and offered by the NLA from Australia. The NLA 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

19.1 These Terms of Use are governed by the laws of the Australian Capital Territory.

19.2 You submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.