Legals

 

Terms and Conditions
User Accounts for SUP & Mapping Use of the Website
Contributor Guidance
Creative Commons Attribution-NonCommercial 4.0 International Public License
Privacy Policy
Security Policy

 

Terms & Conditions

 

Parties

These Terms and Conditions are between Historic Environment Scotland, hereafter “HES” and You, hereafter “the User” and relate to your use of the website Scotland’s Urban Past “SUP”. HES has assumed the property, rights, liabilities and obligations of HES.

 

Access to SUP and the User’s Agreement

Access to SUP is provided solely under these Terms and Conditions and the use of materials marked “Creative Commons” is provided under the Creative Commons Licence shown in the Legal section. Some materials are NOT licensed under Creative Commons: and these are listed as © HES, Crown Copyright HES, ©RCAHMS and Crown Copyright RCAHMS. These have limited usage rights explained below.  Your use of SUP automatically indicates your agreement to these Terms & Conditions and the Creative Commons Licence and these are contractually binding on you if you continue to use SUP. If you do not wish to agree to these terms, do not use the website or download materials from it.

 

Contributor

A Contributor is a registered User who supplies material to the SUP website for other Users to use under a Creative Commons Licence. Providing a Creative Commons licence, shown below, is mandatory for a Contributor and the type of licence has been specified by the Heritage Lottery Fund and not by HES. The SUP site provides the means for the Contributor to apply this licence and will record the Contributor’s permission. This does not apply to contributions from HES.

 

Copyright

The images, information and data featured on this website are subject to Copyright and other Intellectual Property Rights held by HES 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.

 

Right to Use SUP and Creative Commons Licensing

The SUP website is open for free use. Extensive free use of material is granted for all materials marked Creative Commons and is described in the Creative Commons Licence in the Legal section. Use of any other materials which are NOT marked Creative Commons including ©HES, ©Crown Copyright HES, ©RCAHMS and ©Crown Copyright RCAHMS is limited to personal, individual and educational use on the User’s personal electronic device. Such materials may not be distributed further via the internet or manually without permission from HES.

The Creative Commons materials on the website come from individual Contributors. These Contributors have offered this material under a Creative Commons Licence which means the Contributor remains the copyright owner.  As a User, you are entitled to use the Creative Commons marked material to the full extent of the Creative Commons Licence shown in the Legal section but you must ask the copyright owner directly if you intend any other use. The SUP website will provide a contact form to allow the User to contact the Contributor.

Neither HES corporately or its staff individually can answer queries relating to use of material marked Creative Commons.  You must contact the Contributor. 

 

User Accounts for SUP & Mapping Use of the Website

Users must sign up and create a User account to use certain parts of the SUP website such as contribution of images, crowd-sourced contribution of text and Mapping services.  

A User Account allows the User to become a Contributor by uploading material and conferring a Creative Licence to be used by other Users. A Contributor will be asked to legally apply the licence and we record the Contributor’s details so that we have a legal record and a means of contacting you about your contributed property.

A User account allows you to use interactive mapping on site. Ordnance Survey requires HES to track the legal identity of Users who use interactive mapping in SUP. HES is required under legal contract to reveal the details of any User who breaches the copyright of Ordnance Survey.

 

Suspension or Banning of Users

Should use be found to be illegal, subject to complaint, a breach of ethics or cause any other infringement, HES reserves the right to suspend or ban any User at any time.

 

User Risk

Users accept that use of the website is at the User’s own risk and that while HES 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

HES 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, HES disclaims liability to the maximum 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. Users must seek the permission of the listed copyright holder using the supplied contact form on site.

 

Contributor Guidance

 

Legal Notice

If you agree to the following, you will have given Scotland’s Urban Past  “SUP” authority to host any material you subsequently upload as a Contributor and in addition you will have agreed to allow any User to use the uploaded material under the provided Creative Commons Licence set-out below.  You may wish to consider the licence carefully and you may wish to take legal advice.

 

Contributor

A Contributor is a registered User who supplies material to the SUP website for other Users to use under a Creative Commons Licence. Providing a Creative Commons licence, shown below, is mandatory for a Contributor and the type of licence has been specified by the Heritage Lottery Fund and not by HES. The SUP site provides the means for the Contributor to apply this licence and will record the Contributor’s permission.

 

Contributor Risk

While the Royal Commission on the Ancient and Historical Monuments of Scotland will always honour any request you make for us to remove your material from SUP, you should understand that a Creative Commons Licence is irrevocable and you will have no right to prevent anyone at any time from using your material in accordance with the licence.  For the sake of completeness, this means that any other User may host and use your material even after it has been removed from SUP.

 

Ownership and Copyright

You may only upload material which belongs to you.  You may not upload material that belongs to someone else. Take especial care in ensuring you are the rights owner before uploading

 

Dealing with User Requests

Neither HES corporately or its staff individually can represent you or your property.  The SUP website will provide an anonymised form to allow Users to send enquiries to you regarding any use of your property outwith the terms of the Creative Commons Licence.

 

SUP Contributor Agreement

The Creative Commons Licence that you are asked to provide is set out below. Please read it carefully.

 

Your Agreement

By indicating below that you have read and agree to the foregoing, you are stating that any item you upload to SUP is your property and that you permit anyone to use your material forever in accordance with the terms of the following Creative Commons Licence.

 

Creative Commons Attribution-NonCommercial 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  10. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  11. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  12. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

 

 

Privacy Policy

 
We are committed to protecting your privacy. We only use the information that we collect about you lawfully. We collect information for 2 reasons: to provide you with the best service by logging the settings and items you want to store on the main site and secondly to process your orders. 
 
We will not:
  • email marketing materials unless we have your consent
  • supply our user information to any third parties
 
We store no personal information if you are not logged in. The type of information we will collect about you if you log in includes:
  • Your name
  • Email address
  • Your user configurations and settings
  • Your passwords and usernames
  • Your address
  • Your telephone number
  • Items in your basket
  • Licences provided to you
  • Licensed permissions you give us as a Contributor
We will strive to minimise the information we collect in all cases. The information we hold will be accurate and up to date. You can check the information that we hold about you by contacting Neil Fraser. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
 
 

Security Policy

 
ScotlandsUrbanPast.org.uk is secured by a hardware Firewall. Your information is stored in a database behind this to ensure confidentiality. The database system is password protected and only staff associated with the processing of your information may access the system. The privacy and security officer is Neil Fraser (neil.fraser@rcahms.gov.uk).