Divided Society: Terms and Conditions

Divided Society is a digital archive of journals, posters, video and audio focused on the Northern Ireland conflict and peace process.  It is a project of the Linen Hall Library, Belfast, Northern Ireland, UK, a not-for-profit charity and subscription Library.

By using Divided Society you agree to these Terms and Conditions. These may be subject to a licence entered into between the Linen Hall Library and a user's affiliated institution outside the UK and Ireland, or between the Linen Hall Library and an individual.

2.1 Access to Divided Society is available for ‘Institutional Account Holders’, meaning:

(a) Individuals who are affiliated with an Institutional Licensee, defined as an institution outside the UK and Ireland who have subscribed to Divided Society. This includes: 

1. currently enrolled students (including long-distance students); 
2. researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee; 
3. full and part-time staff; 
4. on-site users physically present and authorised to be on the Institutional Licensee's premises.
5. for public libraries, off-site users accessing the site through a sessions-based arrangement entered into between the Linen Hall Library and the library.

2.2. Access to Divided Society is also available to ‘Individual Account Holders’ meaning: 

(b) ‘Individuals’ who have registered with Divided Society for access either for free (UK and Ireland) or through subscription (the rest of the world).

3.1 ‘Content’ means the collective of:

• ‘Periodicals’, defined as journal titles, issues and articles dated from January 1990 to December 1998.
• ‘Posters’, defined as posters dated from January 1990 to December 1998. 
• ‘Video’, defined as broadcast material from UTV and RTÉ broadcasters.
• ‘Audio’, defined as recorded audio of oral history interviews.
• ‘Essays’, defined as written essays.
• ‘Metadata’, defined as all metadata related to individual objects.

The Divided Society Usage Terms sets out the terms on which you may use any Divided Society content. ‘Content’ means any material (in any format) made available to you to access and print or download through the Divided Society website. By accessing, copying or using any Content, you confirm that you accept these conditions.

The Divided Society resource is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License.

This does not grant any rights to use the names, logos or trademarks of either the Linen Hall Library or Divided Society, unless expressly stated otherwise.

You may search, view, print or download any content only for non-commercial purposes, including private study, research, or teaching and instruction within an educational establishment, under the following terms:

• If the permitted use of the Content involves any distribution, dissemination or communication of the Content to another person, you must (wherever possible) acknowledge the source of the content in the following form: “[title], [author], [date content created], [identifier], linking where possible to the Divided Society site as the source of the content.
• If using content from Divided Society, the Linen Hall Library asks that you acknowledge Divided Society as the source. if you use material from Divided Society online, we request that you link directly to the stable URL provided. If you use Divided Society material we ask that you credit the source as follows: ‘Courtesy of Divided Society.’
• You may not remove any copyright, trademark or other proprietary notices including attribution metadata, credits and notices that are placed in or near the text, images or data.
• You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content. This does not affect your freedom under fair dealing or any other copyright or database right exceptions and limitations that might apply to your use.

You must not use any part of the Content for commercial purposes, except as permitted by statutory exceptions and limitations to copyright. For the purposes of this licence, “commercial purposes” means any use of the content that is intended for or directed toward commercial advantage or monetary compensation. This includes any use on or in anything that is itself charged for, is connected with something that is charged for or is intended to make a profit.

Requests for high resolution digital images or other formats, and licensing enquiries for commercial uses, should be sent to [email protected]

In addition, you must not:

• subject the content to distortion, mutilation or other derogatory treatment of the author in accordance with the Copyright Designs and Patents Act 1988.
• use any Content in a manner which may suggest that you are part of, or otherwise associated with, the Linen Hall Library, or any other body associated with it; or
• use any part of the Content for purposes which might adversely affect the image, reputation, goodwill, distinctiveness or prestige of the Linen Hall Library or its collections.
• attempt to override, circumvent, or disable any encryption features or software protections employed in the Divided Society site;
• undertake any activity such as the use of computer programs that automatically download or export content, or interfere with, disrupt or otherwise burden the Divided Society servers or any third-party server(s) being used
• undertake systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content
• modify, obscure, or remove any copyright notice or other attribution included in the content; 
• systematically print out or download Content to stock or replace print holdings; 
• download or print, or attempt to download or print an entire issue of a journal or substantial portions of the entire run of a journal, except for the specific case in which the complete contents of a journal issue or a substantial portion of Content (e.g. a series of scholarly essays) is relevant to the particular research. 

If you use any Content in breach of these Terms, your right to use the Divided Society website will cease immediately and you must destroy any copies of the content you have made.

8.1. Access.  Institutional Licensees shall make reasonable efforts to ensure that access to the Content is limited to Institutional Account Holders and to protect the Content from unpermitted use, including issuing and terminating passwords, verifying the status of Institutional Account Holders, providing lists of valid passwords or a set of IP addresses to the Linen Hall Library, updating such lists on a regular basis and providing any information or assistance necessary for the Linen Hall Library to implement whatever user authentication processes they may establish.  

Institutional Account Holders shall be responsible for maintaining the confidentiality and security of their username and/or password, and for all usage or activity by them, and may not provide access to Divided Society to anyone else.

8.2. Unpermitted Use.  Institutional Licensees and Institutional Account Holders shall notify the Linen Hall Library of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorised use(s) of an individual or institutional account or unauthorised use of Divided Society, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of a username, password, and/or IP address, and shall work with the Linen Hall Library to resolve problems of unpermitted use.

In the event of violation of these Terms and Conditions by an Institutional Account Holder, (a) the Linen Hall Library may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Orgnisational Account Holder’s access to the Content; (b) the Linen Hall Library may suspend or terminate the access of the Internet Protocol ("IP") address(es) or other authorisation and authentication mechanisms from which such unauthorised use occurred; and/or (c) the Linen Hall Library may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, Divided Society. The Linen Hall Library shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.

Individual Account Users should also be responsible for maintaining the confidentiality and security of their username and/or password, and for all usage or activity by them, and may not provide access to Divided Society to anyone else. They shall notify the Linen Hall Library of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorised use(s) of an individual account or unauthorised use of Divided Society, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of a username, password, and/or IP address, and shall work with the Linen Hall Library to resolve problems of unpermitted use.

8.3. Indemnification.  Institutional Licensee agrees to indemnify the Linen Hall Library against any damage arising from breach of the Licence or the Terms and Conditions to the extent allowed by applicable law, it being understood that only individual Institutional Account Holders shall be held responsible, and shall indemnify and hold the Linen Hall Library harmless from any and all liability and costs incurred, for any violations by them of the Terms and Conditions. The same applies for Individual Account Users.

8.4. Hardware and Software.  Institutional Licensees understand and agree that Internet browser software is required to access Divided Society and Institutional Licensees and/or Institutional Account Holders are responsible for providing and maintaining any hardware and Internet access necessary to provide access to Divided Society and any and all costs associated therewith. The same applies for Individual Account Users.

9.1 General Intellectual Property Rights. Divided Society and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights relating to Divided Society and its participating libraries, universities, publishers, and journals are proprietary to Divided Society or, as applicable, the aforementioned entities, subject to the rights of third parties. 

9.2 Trademarks. Neither Divided Society nor Institutional Licensee may use the other's name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) Divided Society may use Institutional Licensees' names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in Divided Society along with other participants, and (ii) Institutional Licensees are encouraged to use Divided Society's name and logo to announce participation to Institutional Account Holders and to train Institutional Account Holders on the use of Divided Society.

10.1 The Linen Hall Library will use reasonable efforts to provide continuous availability of Divided Society subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of the Linen Hall Library. If the Linen Hall Library fails to provide online availability to Divided Society for more than 72 hours during any period of 30 consecutive calendar days the Institutional Licensee or Individual Account Holder may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to the Linen Hall Library. The Linen Hall Library will provide support to Institutional Licensees, Institutional Account Holders and Individual Account Holders in accordance with these terms.

10.2 The Linen Hall Library is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed.  In furtherance of this commitment, the Linen Hall Library shall use reasonable efforts to ensure that: 

(a) Subject to constraints imposed by or in agreement with publishers and/or by third party rights holders, the Content contained in Divided Society that is produced by digitising print material are complete and faithful replications of the print versions of such content.

11.1. The Linen Hall Library will not be liable, and Institutional Licensees, Institutional Account Holders and Individual Account Holders agree that they will not hold the Linen Hall Library liable for any loss, injury, claim, liability, damages, costs, and/or legal fees of any kind that result from the unavailability of Divided Society or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's, Institutional Account Holders' and Individual Account Holders’ use of Divided Society or Content in violation of these Terms and Conditions.

If Divided Society fails to operate in conformance with the terms of this Licence, Institutional Licensee or Individual Account Holders will immediately notify the Linen Hall Library, and, subject to Section 11.1 above, the Linen Hall Library’s sole obligation will be to repair the nonconformity. In no event will the Linen Hall Library’s liability to an Institutional Licensee or Individual Account Holder exceed the fees paid to the Linen Hall Library by that Institutional Licensee or Individual Account Holder for the term of the agreement then in effect.

The Linen Hall Library make no warranties with respect to any harm that may be caused by the transmission of a computer virus or other such computer program, except that the Linen Hall Library will exercise a reasonable level of care to prevent such occurrences.

The Linen Hall Library provides long term preservation of the Content by pursuing best practices and standards in the creation and maintenance of Divided Society and establishing mirror sites and multiple back up files for all of the Content.

The Linen Hall LIbrary is grateful to the many contributors who have given permission for their material to be made available for this project.

If any contributor or third party objects to the inclusion of their work now or at any point in the future, or wishes to make their content live but with restrictions, we can consider the request and at our sole discretion anonymise, make alterations or remove the material. In this event, please contact: [email protected].

The Linen Hall Library makes reasonable efforts to ensure that the reproduction of the content on Divided Society is done in accordance with applicable copyright laws.

If you believe that Content in Divided Society violates your copyright or otherwise violates your rights, please send a written notice to The Librarian, Linen Hall Library, 17 Donegall Square North, Belfast, Northern Ireland, BT1 5GB, or send an email to: [email protected].

Please provide with your notice the following information: (a) identification of the copyrighted work(s) claimed to have been infringed; (b) identification of the infringing material and information that will permit the Linen Hall Library to locate the material; (c) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorised by the copyright owner, and (e) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if the Linen Hall Library learns of such a claim from another source, the Linen Hall Library may remove such content pending the resolution of such claim.

The Linen Hall Library may withdraw Content from Divided Society for good cause shown. Divided Society would endeavor to minimise any inconvenience to Institutional Licensees and Individual Account Holders caused by such withdrawal. However, should the Linen Hall Library be unable to avoid such inconvenience, the Linen Hall Library in no way will be held liable for the withdrawal of such Content from Divided Society. If the Linen Hall Library withdraws a material amount of Content, Institutional Licensee and Individual Account Holders may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to the Linen Hall Library.