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.
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.
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.
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.
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.
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.
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.
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.
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.
Section 2 – Scope.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
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.
Section 6 – Term and Termination.
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.
Section 7 – Other Terms and Conditions.
Section 8 – Interpretation.