Terms and Conditions

War Memorials Online is a project to improve the national record of war memorials and offer an online facility for reporting concerns and monitoring condition of war memorials. To succeed it needs people to help confirm, gather and submit information on war memorials in the UK. Data collected will help form an unprecedented knowledge base enabling a greater understanding of war memorials and assist those supporting their maintenance and management identify the resources required to help communities preserve war memorials for future generations.

This page tells you the Terms and Conditions of use on which you may use this Site, the Terms and Conditions on which we supply any of our resources listed on this Site and the Terms and Conditions on which you contribute material to this Site, www.warmemorialsonline.org.uk (Our Site). The pages outlines what happens to material submitted, how it may be collected, used and protected. These Terms and Conditions should be read in conjunction with our Acceptable Use Policy, which governs any material submitted by you onto Our Site (Data).

Please read these terms and conditions carefully before you start to use Our Site. You should understand that by using Our Site, viewing records or submitting Data, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference.

1. INFORMATION ABOUT US
1.1 www.warmemorialsonline.org.uk is a site operated by War Memorials Trust (we or us).  We are a charity registered under charity number 1062255 our main trading address is 42a Buckingham Palace Road, London, SW1W 0RE.

War Memorials Trust operates Our Site on behalf of the War Memorials Online supporters who include War Memorials Trust and English Heritage.

2. ACCESSING OUR SITE
2.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice. We will not be liable if for any reason Our Site is unavailable at any time or for any period.

2.2 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.

3. USING OUR SITE
3.1 Our Site has been designed for use by anyone interested in war memorials in a personal, professional, educational or research capacity on a regular or occasional basis.

3.2 Resources available on Our Site (Resources) may be used in non-commercial settings for personal, professional, educational or research purposes.

3.3 The public is key to providing data to Our Site. Registration will be required to submit information to this website and use and submission of this Data will be governed by our Privacy Policy and Acceptable Use Policy.

3.4 The Resources may be adapted and reproduced for use only in accordance with these Terms and Conditions.  Under no circumstances may the Resources be sold, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or any derivative works created by individuals, publishers or any other institution, or used otherwise than in accordance with clause 3.2, or with Our written permission.

3.5 From time to time, we may restrict access to all or some parts of Our Site, to users who have registered with us.

3.6 If , as part of any registration to Our Site, you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

3.7 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

3.8 You must not establish a link from any website that is not owned by you unless the owner has given permission within their own Terms and Conditions.

3.9 Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

3.10 If you wish to make any use of material on Our Site other than that set out above, please address your request to the War Memorials Online Administrator at: info@warmemorialsonline.org.uk.

3.11 Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

4. MATERIAL ON OUR SITE
4.1 Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
    - loss of income or revenue;
    - loss of business;
    - loss of profits or contracts;
    - loss of anticipated savings;
    - loss of data;
    - loss of goodwill;
    wasted management or office time; and
    whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

4.2 Our Site is not moderated. We will not be responsible as author, editor or publisher of any Data or contribution submitted to Our Site and we expressly exclude our liability for any loss or damage arising from the use of Our Site by any person in contravention of the Acceptable Use Policy. We reserve the right to promptly remove, or to disable access to, any Data or contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.

4.3 Whenever you make use of a feature that allows you to upload material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

4.4 Any material uploaded to Our Site will be considered non-confidential and non-proprietary, and we have the non-exclusive right (in perpetuity) to use, copy, reproduce, modify, adapt, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.5 Wherever possible we will endeavour to make an appropriate acknowledgement to material which is uploaded to the site by contributors. We will use reasonable endeavours to procure that any use, reproduction, disclosure etc of material as provided in clause 4.4 above will contain an appropriate acknowledgement to contributors wherever possible and

4.6 We will not use material uploaded to Our Site by contributors for commercial purposes and will use reasonable endeavours to procure that such information is not used for commercial purposes by third parties to whom such material may be licensed, assigned etc as set out in clause 4.4 above.

4.7 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

4.8 If you wish to complain about any contribution posted on Our Site, please contact us at info@warmemorialsonline.org.uk. We will then review the contribution and decide whether it complies with our content standards as set out in our Acceptable Use Policy. We will deal with any contribution which, in our opinion, violates our content standards and will inform you of the outcome of our review within a reasonable time of receiving your complaint.

4.9 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.  We may also remove any material or posting if it is no longer relevant to the site or the site no longer has the capacity to host this. We are not obliged to retain materials or postings or use all those submitted.

5. INTELLECTUAL PROPERTY RIGHTS
5.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it, save where material is attributed to the copyright owner (for example materials uploaded and used with the permission of War Memorials Trust). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 For the avoidance of doubt, by submitting any material to Our Site, you agree to grant us a non-exclusive licence to use that material. Although you will still own the copyright in your material, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

Please also note that, you must ensure that your material does not infringe any copyright, database right or trade mark of any other person. By submitting material to Our Site, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to us, please do not submit any material to Our Site.

5.3 You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.

5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5 Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

5.6 You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us (or our licensors, where appropriate).

5.7 If you print off, copy or download any part of Our Site in breach of these Terms and Conditions, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.8 Any rights not expressly granted in these Terms and Conditions are fully reserved.

6. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

7. SITE CHANGES AND VARIATION TO THESE TERMS AND CONDITIONS
We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material. We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms  and Conditions may also be superseded by provisions or notices published elsewhere on Our Site.

8. PRIVACY POLICY
We process information about you in accordance with Our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all Data provided by you is accurate.

9. FORCE MAJEURE
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations, where such failure is caused by events outside our reasonable control (“Force Majeure Event”).

9.2 A Force Majeure Event includes (but is not limited to) any act, event, omission or accident beyond our reasonable control and includes (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; and (d) acts, legislation, regulations or restrictions of any government.

9.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the contract may be performed despite the Force Majeure Event.

10. JURISDICTION AND APPLICABLE LAW
10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

10.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Thank you for visiting Our Site www.warmemorialsonline.org.uk

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