Terms and Conditions - Pages of the Sea

Terms and Conditions

Terms & Conditions

We aim to keep our Terms & Conditions as simple as possible. This website (www.pagesofthesea.org.uk) is owned by Imperial War Museums (“IWM”) so when we refer to “we” or “our” in these terms and conditions, we mean IWM. By using the website you are making an agreement with IWM.

Accepting the terms

By using this Website you “You” are making an agreement with IWM and You agree to be bound by these Terms and Conditions and our Privacy Policy. If You do not agree with our Terms and Conditions or Privacy Policy, You must not use this Website. These Terms & Conditions, the Privacy Policy and any other document we refer to in these Terms and Conditions make up the whole agreement between You and IWM.

Certain material on the website is made available under the terms of IWM’s Non-Commercial License (see http://www.iwm.org.uk/corporate/privacy-copyright/licence). Before reusing any content in any way, you must read the section on Intellectual Property Rights section below and the terms of IWM’s Non-Commercial License. Site content that is marked ‘All rights reserved’ cannot be reused without express permission.

Our Privacy Policy forms part of these Terms & Conditions, so please also read this. These Terms & Conditions, the Privacy Policy and any other document we refer to in these Terms and Conditions make up the whole agreement between you and IWM.

What You can use our Website for

You can use our website to search for an individual to be matched with and used in the Pages of the Sea digital campaign. You can also upload your own image and supporting information to add to the website and for use in the digital campaign. All use must be for your own personal and/or non-commercial use.

Registering and personal data

You have to register with our Website to use some features of the Website. You must be aged 18 years or over to register. You must keep Your personal information accurate and up to date, especially Your email address. Your registration details are always kept private: read our Privacy Statement for more information on this.

Contributing content to the Website

The Website allows You to add new “Content” (image plus name and location of individual) and contribute to the digital artwork using an image sourced from elsewhere. You may publish names and dates of birth without consent where this information comes from a legally permitted, publicly available source.

If You do publish Content on the Website You must not:
1. publish anything that violates the rights of any third party
2. publish something that You do not own the rights in (including copyright) or do not have permission from the rights owner to publish. Once published on the Website, we cannot control how other people may use that content; therefore it is important that You have permission to publish from the rights holder.
3. include anything offensive, inappropriate or defamatory (judged at our discretion)
4. break the law, for example by saying something libellous, or by posting something which results in a criminal offence
5. share the personal information of living people without their permission. You are responsible for managing content You create. You may publish names and dates of birth of living people where this data comes from a legally permitted, publicly available source.
6. impersonate another person
7. mine, collect or use any information from this Website with the intent to harm, discredit, harass or prejudice any other person
8. disrupt the flow of information or other data to and from the Website or do anything which impacts the service or performance of the Website.

How we use content created by users

You keep the copyright in any Content that own that You create or publish on the Website (see the section on Intellectual Property Rights below). However, by publishing it You are giving IWM and its group companies (which means us and any subsidiary and/or parent company of ours that might exist in the future) a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use (including editing, adapting or modifying the same) Your Content for any purpose and on all media now known or hereinafter invented. You acknowledge that we may not accredit You as having produced the Content. Here are some examples of how we will use Content You generate:
• to form part of the digital artwork that we build linking user Content to the digital engagement programme
• to add it to entries and make it available to other all Website users
• to allow other users to download, print and save copies of Your Content for their private and non-commercial use
• for promotional purposes, such as marketing and advertising
• to make Your Content available to internet search engines
• for other services provided by IWM group companies or its partners
The website will be kept fully live for one year, then fully accessible but unchanging for a further four years, after which it will be archived by the IWM with the rest of 14-18 NOW’s archive. This archive will be available to the public upon request for the long term.
If we use any of Your personal information (for example, Your name) in connection with any Content that You create, we will seek Your advance permission.
Content You create is available on the internet. We are not liable for any loss You suffer if Content You create is abused by somebody else. Except for Your registration information, the Content that You make available on the Website can be viewed by other users of (www.pagesofthesea.org.uk) users of Websites that are either part of our group companies or with whom we have a partnership, and by internet search engines. If You don’t want this to happen, please do not publish any Content.
Please keep a back-up and/or keep a copy of Your Content elsewhere. We shall not be liable for any loss of Content (including photographs) under any circumstances including, for example, when we close the Website.

Monitoring content created by users

We do not monitor Content published by our users and take no responsibility for things that You publish. If You see something on the site that You think is offensive, illegal or which is not in line with these Terms & Conditions, please contact us particularly if
• You are the owner of the copyright or related rights in any of the Content on this Website, or in a publication or broadcast to which IWM has provided Content from its collections,
• and You believe that the Content may be subject to a third party ownership or another legal claim,
• or You believe that use of this Content infringes Your intellectual property or any other rights.
We will withdraw the Content from our Website upon receipt of Your written objection and our initial verification of Your complaint, while the matter is investigated. Your objection will be acknowledged within seven working days of receipt.
For any other copyright queries, please contact us on copyright@iwm.org.uk.

Accuracy of information

We cannot confirm or give warranties about the accuracy or completeness of the records or Content or information on the Website. We simply provide access to it. We are not responsible for content on other sites that we link to. We cannot promise anything in relation to the Content and services on the www.pagesofthesea.org.ukWebsite, apart from what is set out in the Terms and Conditions.

Intellectual Property Rights

A large amount of time, money and effort has been expended to make these records and features available online. Many of these records and features have been obtained from other organisations and people. These people or organisations often own the intellectual property rights in the records (the copyright/database rights owner is displayed on most records) and website features. Accordingly, you may not use the records or features to create your own work (for example a database of records), copy or reproduce the records (either in whole or in part), or make available, share or publish them unless you have our permission (and/or that of the owner of the copyright/database rights in the work) in writing. You may however use screenshots of our website for blog postings, articles and presentations for informational and educational purposes. The website and services provided belong to IWM, and again, you must not copy or use them without written permission. Therefore, you only have a limited license to access the website and to use the content for personal or professional family history research (including unpublished reports for clients if you are a professional genealogist). In no circumstances, must our services (including records) be used for commercial purposes.

Content (including facts, comments and images) that is incorporated into life stories, is made available online under the terms of IWM’s Non-commercial license, unless marked otherwise. Certain content is not licensed in this way and that includes premium content. This will be marked ‘All Rights Reserved’, or similar. IWM’s non-commercial license allows attributed, non-commercial, non-derivative reuse of content and the details of this license are set out at: http://www.iwm.org.uk/corporate/privacy-copyright/licence
Only life story content may be reused in this way and only where it is not marked ‘All Rights Reserved’ or similar. Premium content or content that is part of a record set, but not part of a life story may not be reused in this way.

Respecting intellectual property rights (including copyright):

If you believe that you own the copyright in any of the content on the website, and we have not recognised you as the copyright owner, please contact us via the website and we will investigate. While we are investigating, we may temporarily remove the records in question. If we agree that you are the copyright owner, we will work with you to find a solution that you agree with, or we will take the record in question off the website permanently.
On this website, you are able to publish publish images supported by name and location of the individual. You remain the owner of any intellectual property rights in content you publish on the site.

You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data IWM stores on IWM servers submitted by others. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of IWM.

Applicable Laws

You agree to obey all applicable laws and to not infringe any third party, privacy or intellectual property rights and only to submit accurate, truthful, non-defamatory and non-offensive content for the Website.

Changes to the Website or records

We reserve the right to make changes to the Website, including the entries and services we offer, without notice.

Service level

We aim to offer a Website which is fast, accurate and performs well. However, it may not always work as expected. If the Website does experience issues, we are not responsible for any losses You might suffer.
Sometimes things happen that disrupt Your service which we have no reasonable control over. Examples are fires, floods, strikes, earthquakes, landslides and other unanticipated events or natural disasters. We are not liable for any losses caused to You by such unanticipated events.

When we cancel Your account

We rarely stop people using the Website but reserve the right to cancel Your account in certain circumstances. Generally, we may exercise our right to cancel an account if You do anything that is not permitted under these Terms & Conditions.

Assignment

These Terms & Conditions and Privacy Policy are personal to You, and You are not allowed to transfer Your rights under this agreement to anyone else.

Severance

The law is constantly changing, so if any part of these Terms & Conditions or Privacy Policy no longer applies or is no longer legally enforceable, then that part will be severed from the rest of the agreement: the rest will continue to apply.

The law

These Terms and Conditions are made and governed under the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English and Welsh Courts to resolve any disputes arising from these Terms and Conditions.

Changes to these Terms and Conditions

Any changes we make to this agreement will be posted under these Terms and Conditions.