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Terms & Conditions

Access to BritainfromAbove and Your Agreement

Access to BritainfromAbove is provided solely under these Terms and Conditions and the Licences. Your use of BritainfromAbove automatically indicates your agreement to this and all the terms are contractually binding on you. If you do not wish to agree to these terms, do not use the website.

Permission to Use the Website

The BritainfromAbove website is open for all people to use as it is provided. That free use is limited to personal, individual and educational use. The materials on the website come from a variety of providers including both the Partners and Individual Contributors and we acknowledge and respect their Intellectual Property rights. BritainfromAbove has a legal duty to ensure their materials are not distributed, reproduced or sold in any way which compromises their rights. That is why the User’s rights are clearly stated and limited in these Terms and Conditions and Licences. Users are therefore given a limited permission to use other people’s property.

Copyright

The images, information and data featured on this website are subject to Crown Copyright and other Intellectual Property Rights held by the Partners and Individual Contributors as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website.

Community Use of the Website

Users must sign up and create a User account to use the community features of the website. Accounts allow: settings to be saved, the creation of an individual identity; sharing; commenting and the joining and creation of groups and the contribution of materials among other features. At all times, such Community Users are legally responsible for the materials they provide as text or digital media. Guidance on Community use of the website is provided . Should use be found to be illegal, subject to complaint, breach the guidelines or cause any other infringement, BritainfromAbove reserves the right to suspend or ban any Community User at any time.

 

User Risk

Users accept that use of the website is at the User’s own risk and that while BritainfromAbove will make every effort to ensure an acceptable environment and that materials are legally uploaded, it is not possible to provide guarantees about comments or materials loaded onto the site. The website will take prompt action to remove such material on notification.

 

Limits to Liability

BritainfromAbove provides no guarantees as to the performance of the website or the availability of individual content or features. Any materials or text displayed or downloaded must be assessed and evaluated solely by the User as it does not constitute advice nor does its inclusion on the site confer any guarantee of accuracy. The site is provided as is without any guarantee, or warranty. Therefore, BritainfromAbove disclaims all liability as is possible within the law.

 

Commercial Use, Distribution or Reproduction

No permission is given for any commercial use, distribution or reproduction in these terms. Please use the BUY option for these purposes and separate licences will be provided

User Licence for BritainfromAbove

Parties

The parties to this Licence are The Partners and the User.

Definitions

The Partners - English Heritage, The Royal Commission on the Ancient and Historical Monuments of Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales

Contributor - Any individual or organisation who uploads Digiital Media owned by them to the BritainfromAbove website and thereby gives permission to allow the use of their property on the website User any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website

BritainfromAbove - The website and its contents as provided at www.britainfromabove.org Licence the contract between the Partners and the User which sets out the terms and conditions of use

Licensed Digital Media - images, text or data which may be downloaded electronically and stored on a User's computer or electronic device

Personal Use - use by an individual which may involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use

Educational Use - use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation

Blogging Use - use of specially prepared images on a non-commercial basis on a personal blog or website that is free to use and presents no logins

Reproduction - Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication

Distribution - providing any Licensed Digital Media to any third party by any means

Personal Electronic Device - any electronic device which allows web access, viewing, downloading and storage of electronic files

1 Terms and Conditions of the Licence

Subject to the terms of this licence, The Partners grant to the User a limited, non-exclusive, non transferrable licence to allow the User to use the Licensed Digital Media solely for Personal Use or Educational Use as specified.

2 Personal Use

Personal Use is granted in accordance with the terms of this Licence for research, study or personal display and printout only. The user may store Licensed Digital Media on their personal computer or Personal Electronic Device but may not Reproduce or Distribute the Licensed Digital Media.

3 Educational Use

Educational Use is granted in accordance with the terms of this Licence for research and study only. The User may create documents for classwork, as long as the source of the information (BritainfromAbove website) is acknowledged and the source of any image is attributed (for example, English Heritage, The Royal Commission on the Ancient and Historical Monuments of Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales, the name of an Individual Contributor and an image reference number is quoted.

4 Blogging Use

Permission is granted for limited distribution of specially prepared images.  These are accessed by selecting the 'Download' button under each image.  These images are limited to 580px on the longest side and carry a special watermark.  You may copy solely these watermarked images to a blog or personal web page as long as the page is freely available with no login restrictions and no charges.  The following conditions apply: you must display the attribution which is contained in the watermark, you must not resize or crop the image, you may make no commercial use of the image or attempt to sell it, sub-license it or use it in any form of advertising.  You must create a return link to the Britain from Above site.

5 User’s Conditions

The User shall not: use or exploit the Licensed Digital Media or any part thereof save in accordance with this Licence. All rights in relation to the Licensed Digital Media not expressly granted to the User under this Licence are reserved to the Partners or the Individual Contributor; sell, resell, license, distribute, transmit or commercially exploit Licensed Digital Media; make the Licensed Digital Media or any part thereof available in any manner or on any media to any third party save in accordance with this Licence; reproduce or amend the Licensed Images or any part thereof in any manner; use the Licensed Images or any part thereof for any purpose other than Personal Use or Educational Use; unless the User has been granted explicit prior written consent to do so by the Partners

6 Commencement Date

The licence commences on the date the User downloads any Licensed Digital Media from the BritainfromAbove website

This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

Individual Contributor Licence

Should you wish to contribute material to BritainfromAbove, you will need to sign up for a Community User Account where your contact details will be recorded. In providing material to BritainfromAbove, you agree to the following terms.

Parties - The Licence is between The Partners as defined below and the Individual Contributor Definitions The Partners English Heritage, The Royal Commission on the Ancient and Historical Monuments of Scotland, The Royal Commission on the Ancient and Historical Monuments of Wales

Contributor - Any individual or organisation who uploads Digiital Media owned by them to the BritainfromAbove website and thereby gives permission to allow the use of their property on the website

User - any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website

BritainfromAbove Licence - The website and its contents as provided at www.britainfromabove.org the contract between the Partners and the User which sets out the terms and conditions of use

Licensed Digital Media - images, text or data which is uploaded electronically and stored on a User's computer or electronic device

Personal Use - use by an individual which may involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use

Educational Use - use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation

Reproduction - Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication

Distribution - providing any Licensed Digital Media to any third party by any means

Personal Electronic Device - any electronic device which allows web access, viewing, downloading and storage of electronic files

Uploaded Resources - Any text or electronic file uploaded by the Contributor for display on the BritainfromAbove website

Consents - permissions by others who have rights in the resource

Intellectual Property Rights - those rights as defined in copyright, design and patents law

Non-exclusive - the contributor retains all rights to grant licences to anyone

1. Contributor’s Undertakings

The Contributor agrees:-

(i) To comply with the Terms and Conditions, Licences and Guidelines of the site and maintain a User Account

(ii) That from time time to time, the contributor may supply Uploaded Resources which may include image(s) and caption(s) and text

(iii) that the Contributor has sought all Consents necessary or holds all Intellectual Property Rights necessary to allow supply of such Uploaded Resources for use on BritainfromAbove.

(iv) that The Partners may use and assign the supplied Uploaded Resources Non-Exclusively for Personal or Educational use without further reference to the Contributor and without payment of royalty to the Contributor.

(v) to accept all legal responsibility for such Uploaded Resources and to hold The Partners harmless if any legal challenge occurs.

2. The Partners Undertakings

The Partners agree:-

(i) that the Uploaded Resources will remain the copyright of the Contributor [or as named by Contributor]

(ii) that royalty free use will be limited to Personal, Educational, not-for-profit use.

(iii) that The Partners will issue User Licences to meet these undertakings

(iv) to provide any information regarding inquiries on Uploaded Resources

3 Commencement

The Licence commences on upload of Uploaded Resources and exits for as long as The Partners or their not-for-profit inheritors exist.

4 Acceptance

The Contributor accepts this licence by creating a User Account and uloading Uploaded Resources. This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.