Terms of Use of BusinessBalls.com Materials

In summary:

  • You may use standard Businessballs materials free of cost, for education, training, presentations, organizational development, and related low-scale reproduction in notes and handouts, etc., provided you reference the source material appropriately.
  • The use of Businessballs materials where the main purpose is publishing and/or profit – in printed, digital or online media – is restricted to extracts and subject to permission.
  • The reproduction of Businessballs content on other websites is not permitted. (I am attempting to develop a protocol for the use of Businessballs content on secure educational intranets, and when/if a workable set of rules can be devised for this purpose it will be explained here.)
  • Premium subscriptions are for the use of one account only. You may not share your login details with any other user.

More detail follows, and the above is subject to the restrictions below.

For self-help and study

Subject to the restrictions below, content and materials on the Businessballs website are free to read, download, keep, print, copy, cut and paste for your own personal education and study, curiosity, information, amusement, and self-development, provided you retain/include copyright and disclaimer details as shown on the relevant Businessballs page(s). Where you use or adapt sample material for your own personal letters, CVs or resumes, you do not need to show the copyright or source of the material on your documents.

For helping, developing and services to others

In general (and again subject to the restrictions below) Businessballs materials are free to use for anyone in education, personal development, management, leadership and organizational development (teachers, trainers, lecturers, coaches, team-leaders, managers, leaders, advisors, consultants, therapists, counsellors, etc) within your own materials, services and methods, for example presentations, reports, research, workbooks, handouts, course notes, powerpoint and overhead projection slides. For these purposes you can print, copy, cut and paste or adapt the materials from this website. For this usage please show the appropriate copyright, website source and disclaimer details relating to the material(s) in question. Where space is limited you can use or adapt the short-form notice and disclaimer below.

The reproduction of Businessballs materials for sale or as part of any provision where the materials are sold is not allowed without permission. See below for publishing and reproduction request submission format.

Subject to the restrictions below the reproduction of Businessballs materials in dissertations and essays is generally permitted but this does not extend to online publication, and this permission does not extend to the sort of open-ended global rights that certain educational publishers seek when publishing educational dissertations. See the note below about dissertations and essays.

Where you using the materials in helping or services to others you must always include clearly in the materials and/or presentation details of copyright, website and/or webpage address (which must be linked to  www.businessballs.com if in electronic presentation format), and a suitable disclaimer as shown on the relevant Businessballs page(s).

Where space is limited you can use or adapt the short-form notice and disclaimer below for the above purpose.

If in doubt check the terms stated on the content, and also on the terms of the website or subdomain in which the content features, and ultimately if necessary, please ask.

Dissertations and essays

Subject to the attribution requirements and restrictions below including consideration for protected IP owned by other people (3rd parties), you can reproduce Businessballs materials in essays and dissertations in printed format and for limited distribution of up to 100 copies.

Beyond this, for example online publication or sale of work, specific permission is required.

In which case you will make it quicker and easier for me to agree to the inclusion of Businessballs material if you:

  • explain how you intend to use the material in your work, so I can see the context, and
  • ensure the use and referencing of the material will encourage readers to visit the website and the full source material on the Businessballs website.

For example, insertion of a reduced-size copy of a Businessballs diagram or tool embedded in your work – plus reference details encouraging the reader to see the original fully detailed diagram/tool on the Businessballs website – is more likely to be acceptable than requesting simply to ‘use the material’, or ‘reprint the diagram’, or ‘reproduce the material’.

Online reproduction of full-sized and fully detailed Businessballs materials is generally not permitted. Online reproduction of reduced size or extracted Businessballs materials, embedded or incorporated within your work and clearly referenced and linked to the original full Businessballs material webpage(s) can more easily be allowed.

In the case of tools and tests, permission can generally be given for the inclusion of an embedded extract or example of a completed test/tool, but not for the full replication of the blank test or working file.

There seems an increasing trend and requirement for student dissertations to be published via specialist online publishers. Whether such publishers are non-profit or otherwise, if the terms of such publishers effectively demand open-ended and/or commercial rights it is unlikely that approval can be considered unless the treatment of the material in question meets the criteria above.

Restrictions

Content and materials on Businessballs may not be sold, or published in any form, without permission from the content owner. (See publishing and reproduction requests.) Publishing in this context means making generally available in books or other media, beyond the typical provision of internal or supplier-to-client teaching and training activities. If in doubt ask.

Certain usage for dissertations and essays does not require specific permission, subject to the attribution requirements and restrictions here including consideration for protected IP owned by other people (3rd parties).

While broadly the free use of Businessballs materials in delivering teaching and training is allowed, the reproduction of the materials for sale is a different matter and subject to permission, which in most cases is unlikely to be given.

You are not permitted to download or otherwise obtain any of the website infrastructure (e.g., website directories or functional code) by the use of specialised software or any other method.

You are not permitted to distribute or circulate any materials as electronic copies (for example via CD, DVD, flash-drives, email, file-sharing sites, e-learning programs). If your usage or training delivery format employs any of these electronic methods you should provide access to Businessballs materials via links, which also ensures that people see the up-to-date versions, and reduces unauthorised copying and proliferation.

Use of 3rd-party protected Intellectual Property

Caution is recommended if you propose to use or exploit 3rd-party intellectual property (‘IP’ – protected materials, trademarks, etc., belonging to other people) which appears on this website. Obvious examples are trademarks (and terminology relating thereto) such as Situational Leadership®, Stephen Covey’s Seven Habits of Highly Effective People®, SPIN Selling®, Sharon Drew Morgen’s Buying Facilitation®, Myers Brigg’s (MBTI) Type Indicator®, and similarly protected systems for which licenses are most definitely required, should you seek to publish or provide commercial services or products that exploit such IP. The fact that other non-trademarked models and names are mentioned or referenced on this website does not necessarily mean that they can be used freely for any sort of commercial purpose. Typically a brief reference to 3rd-party owned/protected concepts is regarded as fair use in teaching and training, but if you are deemed to be actually training or exploiting the concept without a licence or permission from the IP owner then you could create a liability for yourself/your organization. Different levels of protection apply to different concepts, and usage laws vary in different countries and I cannot advise nor accept liability in this regard (see the disclaimer below). Effort has been made on this website to point out the trademarked and strongly protected concepts, however, depending on your usage, any 3rd party concept (e.g., Maslow, Kolb, Tuckman, Johari, etc) can give rise to copyright liabilities, especially if your usage seeks to profit directly from the publishing or exploitation of the concept. If in doubt seek qualified advice and/or contact the owner of the material or trademark concerned to see if your proposed usage requires particular permission or licensing.

Disclaimer

Reliance on information, material, advice, or other linked or recommended resources, received from Alan Chapman, shall be at your sole risk, and Alan Chapman assumes no responsibility for any errors, omissions, or damages arising. Users of this website are encouraged to confirm information received with other sources, and to seek local qualified advice if embarking on any actions that could carry personal or organisational liabilities. Managing people and relationships are sensitive activities; the free material and advice available via this website do not provide all necessary safeguards and checks. When using these materials (especially for commercial training purposes) you must decide if your usage is ‘fair use’ within your local law relating to copyright. The free provision of these materials on this website does not imply that the works can be exploited for profit without seeking permission from respective owners of original concepts, theories and other intellectual property. If in doubt about your usage seek qualified advice and/or permission from the owner of the IP concerned. Please read the notice (generally at the foot) on each webpage and resource about usage, copyright, material accuracy, and liability.

Publishing and Reproduction Requests

The content and materials on the Businessballs website are not to be sold or published in any form (other than the use of short extracts for review purposes) including reproduction of any Businessballs materials on other websites or intra/extranets, blogs, in books for sale, magazines and newspapers, newsletters and e-newsletters, advertising or other ‘distributed’ media.

Certain usage for dissertations and essays does not require specific permission, subject to the attribution requirements and restrictions above including consideration for protected IP owned by other people (3rd parties).

For newsletters, websites, magazines, books, etc., under certain circumstances publishing of extracts (200-500 words) can be agreed, according to submission and approval of the criteria listed below. In such cases the extract must be shown with a strongly visible link to the full source material URL on the Businessballs website, and carry a suitable attribution statement, and a link to the Businessballs website itself.

Publication approval also requires the requesting author/publisher to indemnify (protect) Businessballs against any liabilities arising from the author/publisher’s use of the material.

If in doubt please ask.

Also if necessary seek local qualified legal advice about your usage.

Due to the volume of enquires I cannot approve publishing requests that do not include the details below concisely and clearly presented. Publishing requests whose main purpose is revenue or profit generation are rarely approved. Publishing requests whose main purpose is education tend to be more successful, especially if restricted to extracts.

If you have a publishing request please contact us with the following details:

  1. Clear and full detail(s) and sample of the material/extract you seek to use – ideally attach the extract as a doc or pdf file, or include the extract within the body of your email.
  2. Details of your publication and example/draft to show style and context of your proposed usage.
  3. The purpose(s) of your work/publication – for you/your organization/your audience – as applicable.
  4. Details of writer/author/publisher/organization and ownership, as applicable for your work/publication.
  5. Your media format(s) (e.g., printed publication, DVD, internet website, intranet website, etc) – NOTE: the usage ‘electronic rights’ or any similarly open-ended description of format/distribution is not acceptable – reproduction formats must be specifically described.
  6. Your circulation/distribution/readership/audience – description and scale.
  7. Your pricing and other commercial/financial details.
  8. Your proposed referencing and linking to the Businessballs website and related content, including statement of attribution, copyright, disclaimer, and position of this in relation to material in question within your own work/publication.
  9. Indemnification (protection) of content owner(s) against any liabilities arising from your use of the material.
  10. Any other relevant details (for example see the N.B. points below).

Permission is often given to publish dissertations, educational and teaching projects, but is generally not given for projects which primarily seek to exploit the material for profit or promotional purposes.

N.B.

a) If your proposed publication or reproduction concerns content or a diagram based on a 3rd party concept (for example, Maslow, Kolb, Johari, etc) then it is your responsibility to decide whether your particular usage requires permission or licence from the concept owner and I accept no liabilities arising from any usage in this regard. It is also very difficult for me to advise about such matters given the complexities involved.

b) It is not within my rights to grant permission for the commercial publishing/exploitation of 3rd party concepts (for example, Maslow, Kolb, Johari, Myers-Briggs®, etc). Normally publishers expect authors to indemnify (protect) the publisher from liabilities arising from the use of the published work. I can agree to no such indemnification on your behalf.

Attribution and copyright notice – shot format

Subject to all of the above, if you use any of the materials on this website, you may adapt this short-form copyright acknowledgment/disclaimer notice template:

© BusinessBalls Ltd [and/or any other shown] [year(s) shown]. Retrieved from www.businessballs.com [year(s) shown]. Full source material at [Businessballs source material webpage address]. Not to be sold or published. The author(s)/Businessballs Ltd accepts no liability for any issues arising.

If using material which is based on someone else’s original concept, e.g., Maslow, Tuckman, Adams, etc., then please state this in the copyright acknowledgment, for example:

© BusinessBalls Ltd [and/or other originator shown] [year(s) shown]. Based on the original concept of [name]. Retrieved from www.businessballs.com [year(s) shown]. Full source material at [BusinessBalls source material webpage]. Not to be sold or published. The author(s)/BusinessBalls Ltd accepts no liability for any issues arising.

Note that you must substitute relevant data in the sections indicated by spare brackets. Sorry to state the obvious.

There’s some flexibility in this attribution and referencing, and possibly some useful overlap with your own referencing rules.

The important aspects to cover in your attribution as far as this website is concerned are:

  • copyright of the writer(s) and if applicable the originators/owners of the concept;
  • date of publication if shown and/or date of retrieval;
  • the source website and URL (address of file);
  • that the material is not for sale or publication;
  • and to show some sort of disclaimer protecting the author(s) and/or this website from any liabilities arising.

The availability of materials on this website does not infer or imply permission on behalf of any 3rd party IP owners for commercial use of 3rd party intellectual property.

If your organization is ‘not-for-profit’ or a charity, this does not necessarily mean that your usage is ‘non-profit’. If you are selling something, then someone somewhere might one day want a share of your revenues if they consider you have exploited their work without permission.

If in doubt always check with the IP owner, and if necessary seek qualified legal advice about your particular usage.

Crown Copyright material

There is a small amount of licensed protected Crown Copyright material on Businessballs (Crown Copyright applies to materials owned by the UK government and its agencies). Crown Copyright material is indicated as such where it appears in this website (for example, the quality management case studies). Here are guidelines for the use of Crown Copyright material: Other than the Royal Arms and departmental or agency logos, Crown Copyright material may be used or reproduced for learning purposes free of charge in any format or medium – unless instructions appear to the contrary – provided it is used and reproduced accurately and not in a misleading context. Publication of Crown Copyright material requires a Crown Copyright licence, which varies according to the type and source of the material, details of which are available from opsi.gov.uk (Office of Public Sector Information). Where any of the Crown Copyright items on this website are issued or reproduced, the source of the material must be identified and the copyright status acknowledged. Full details about Crown Copyright are available from opsi.gov.uk.