Historypin Terms and Conditions

The Historypin project is owned and managed by the UK based Community Interest Company (reg. 05241856), We Are What We Do. Any profits from the work of this Community Interest Company are donated to the We Are What We Do Charitable Foundation (reg. 1134546), which runs a series of community and education projects around the world.

The information and facilities provided on our website (the "Website") and other Historypin services ("Services") are provided to you ("you/your") by We Are What We Do ("we/our/us").

An up to date list of Services is available here and includes:

• Historypin website
• smartphone apps;
• downloadable PDF packs and other educational materials for schools;
• limited promotional versions of the Website which we may embed on third party websites;
• Historypin social networking pages and tools; and
• a layer on Google Maps (http://maps.google.com/) subject to the terms and conditions set out on such site in addition to the restrictions and copyright protections as set out in these Terms and Conditions.

See the end of these Terms and Conditions for our contact details.

Your use of our Website and Services is governed by these Terms and Conditions which contain important details including about what you and us can do with content on the Websites; how you can limit rights to use content you choose to submit, limits on our liability and responsibility; and how to make a complaint. You must register as a "Registered User" before being able to contribute and amend material via the Services.

1. Accessing our Services

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

2. Reliance on Information

Commentary and other materials posted on our Website are not intended to amount to advice. We will not have any liability 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. Please check with an expert before seeking any reliance on any such content.

3. Acceptable Use

We want all users to be able to enjoy using our Services. Therefore you must not cause interference or impairment with, or damage or disruption to:

(a) the Website or other Services;

(b) any equipment or network on which our Website or other Services are stored;

(c) any software used in the provision of our Website or other Services;

(d) any equipment or network or software owned or used by any third party.

You also must not:

(i)    use our Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including for the purpose of harming or attempting to harm minors in any way;

(ii)       use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, adware, computer virus, Trojan horse, worm, keystroke logger, rootkit, time-bomb or other malicious or technologically harmful material;

(iii)      attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack;

(iv)      conduct any systematic or automated data Collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent; nor

(v)       use our Services for any purposes related to marketing without our express written consent.

We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.

4. Linking to Our Website

You may link to any page on the Website, 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. You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website 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 at clause 3.

If you wish to make any use of material on our Website other than that set out above, please address your request to historypin@wearewhatwedo.org

5. Links from Our Website

Where our Website contains links to other websites 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.

6. Charges

There is no charge for using the Historypin Website or for becoming a Registered User.

7. Registered Users use of Historypin Services

Where you are a Registered User you agree that, in using Historypin Services (in addition to the rules set out in section 3 above), you will not:

• contribute, email, transmit or otherwise disseminate any content (including, text, photographs or other images) which is in breach of copyright, defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;

• transmit personal data regarding another user or other person including, without limitation, their email, address or other contact details that would enable another person to identify or contact them without their express consent;

• do so in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

• use them for any purpose other than your personal use or in accordance with the Terms and Conditions;

• impersonate any person or entity (including, but not limited to, any of our employees or representatives) nor falsely state or otherwise misrepresent your affiliation with a person or entity; nor

• use any Contributed Content or Our Content (each as described below) other than as set out in paragraph 12 below.

8. Age restrictions and parental consent

Registered Users must be 16 or over, or if they are under 16, have their parent’s or guardian’s consent to use Historypin Services.

If you're under 16:

• Please get your parent's or guardian's permission before contributing to Historypin services.
•  
• Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).

If we discover or have reason to suspect that you are under 16 and do not have permission from a parent or guardian, we may suspend or terminate your registration.

If you are a parent or guardian or teacher with concerns regarding the safety of a child's use of Historypin Services or would like more information about Historypin, then do contact us as set out at the end of these Terms and Conditions.

9. Password, Profile and Security

You register and sign in to Historypin via your Google email account. If you do not have a Google email account, you will need to create one before registering with Historypin.

You are responsible for maintaining the confidentiality of your Google email Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using Historypin Services and services and will not be liable where your Password or User Name are used by someone else.

You agree to notify us immediately of any unauthorised use of your Password or User Name or any other breach of security of which you become aware.

10. Your promises to us

Where you are a Registered User you promise that:

• you are 16 or over or have permission from a parent or guardian;
• all information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time through amending your Profile details);
• you will undertake to comply with the restrictions on your use of Historypin Services set out in these Terms and Conditions;
• all content that you contribute via Historypin Services is yours and/or you have all rights required to grant the licences set out in section 12 below without We Are What We Do or other user needing to obtain any further consents or permissions from or to pay any monies to any third person in respect of their use of such content in accordance with paragraph 12.

You agree to indemnify us and hold us harmless from any claim made against us by a third party or damages incurred by us as a result of such claim (including any legal fees in relation to same) arising from your use of Historypin Services or any Contributed Content or other content in relation to these Terms and Conditions including any breach or suspected breach of these Terms and Conditions.

11. Termination and Cancellation

You can cancel or terminate your registration at any time by contacting us at historypin@wearewhatwedo.org.

We reserve the right to terminate or suspend your registration where:

• we have reason to believe or suspect that you are acting in breach of these Terms and Conditions; or
• otherwise, where required to do so by law, regulatory body or our licensors or whilst investigating any complaint about you or your activity on the Website;
• at any time on not less than 1 day's notice to you.

12. Use of Content

Use of Contributed Content by you and other users

Historypin allows Registered Users to contribute a range of content to our Website, including:

• Media content in the form of photographs, video and audio files ("Media Content")
• Text-based content including stories, comments and information about yourself in your user profile and postings ("Text Content").

Media Content and Text Content are together referred to by us as "Contributed Content".

Although we reserve our rights to do so, we do not monitor Contributed Content our Website and therefore, since it is not ours and we do not check or verify it, we will not be responsible or liable for the content or accuracy of any Contributed Content.

You understand that by using the Website and Services you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk.

Contributed Content submitted must not be unlawful in any way. You must not submit any Contributed Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Historypin operates a copyright policy in relation to any user submissions which are alleged to infringe the copyright of a third party. Details of that process and contact details for any complaint about content can be found at clause 15.

As part of Historypin's copyright policy, Historypin can terminate user access to the Website if a user uses content in a manner which is not permitted.

We reserve the right to remove or modify any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.

Use of Text Content by you and other users

All Text Content is deemed to be shared with Historypin, We Are What We Do and the community on the basis that you permit other users and visitors to quote, blog or otherwise use the text contributed by you for their own lawful, non-commercial 

purposes and they do not have to state that such Text Content is yours.

Likewise you can use the Text Content of other Registered Users provided you do so for your own non-commercial and lawful purposes only and otherwise comply with the rest of these Terms and Conditions.

Use of Media Content by you and other users

Whenever you contribute Media Content to our Website, you may choose a level of protection to govern the use of your Media Content by other users:

• Copyright protected; or
• Not copyright protected

The definitions of these two levels is as follows:

Copyright protected: You do not give others a license to use your Media Content other than for the purposes of viewing the content via the Website. You may state your ownership of such copyright protected content on the Website. Others may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way your copyrighted content save as set out here. However users have a right to make copies for back up purposes for lawful use, and incidentally in the course of viewing Media Content on their selected device provided that no more than one copy of any information is made. Users may have also have rights to use your Media Content in ways permitted under relevant copyright laws (for example fair dealing for research and private study or criticism, review and news reporting or educational activities). We also permit third parties to re-use content on blogs (provided they attribute Historypin in such mention).

Not copyright protected: This should be selected for all content where the Media Content is already out of copyright protection by nature of its age or if you are happy that other users are free to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way this content for personal or commercial use.

For either level of protection you retain the right to remove at any time, any content from our Website which you have submitted. By doing so, any rights Historypin holds will no longer apply.

You agree to follow the rules governing the level of protection applied by users (as outlined above) when using the Website or Services.

How we may use your Media Content

Historypin and We Are What We Do do not claim any ownership of Contributed Content you contribute to Historypin. When you contribute Media Content, you grant us a perpetual, royalty free and non-exclusive license to use your Media Content as set out below. This licence is separate and different from your chosen level of copyright protection, which applies to other Historypin users' use of your Media Content.

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 website constitutes a violation of their intellectual property rights or their right to privacy.

On contributing any Media Content, the licence you grant to us is a licence to:

• communicate your Media Content to the public and otherwise make it available on the Website and through the Services including the publication of your content:
• as part of downloadable PDF packs and other educational materials for schools;
• via Historypin social networking pages and tools
• amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such Media Content.

In the event that We Are What We Do or its partners wish to include your Media Content within printed promotional material or other publications, we will seek your permission before doing so.

Restrictions on use of Historypin’s content

• Your use of our Website or Services grants no rights to you in relation to our (or our licensor's) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of our Website or Services.
• You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising our Website, or Services other than for your own personal, non-commercial use. However you may download insubstantial excerpts of Our Content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
• Any use of our content other than that permitted under the Terms and Conditions may only be undertaken with our prior express authorisation.

14. Limitation on our Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. Whilst we endeavour to ensure that the information on this Website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

Please be aware that our Services are a public resource that enables individuals to contribute their own content and version of events some of which may be inaccurate. We do not monitor the Services and do not promise that the information on Historypin will be free from errors or omissions nor that it will not contain inappropriate content. We cannot be held liable for any contents of or consequences of such material. It is your responsibility to take precautions and use common sense when using the Services and any Contributed Content or providing any information to others via the Services. Unfortunately, there may be occasions when you may find other Registered Users' or visitors' use of the Services or posted Contributed Content offensive, harmful or deceptive. If you have any complaints regarding another Registered User, visitor to the Services or Contributed Content, then you should use the Complaints Process set out below.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or the negligence by us, our employees or agents or for fraud.

Subject always to the above, to the fullest extent permissible by law, we don't give any promises of any kind (whether express or implied) in relation to the Services and any items accessed by you via the Services or a third party provider including any Contributed Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected however and will still apply.

Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Services, or the Website and/or these Terms and Conditions shall be limited in aggregate to £1,000.

We do not accept any liability for damage to your computer system or loss of data that results from your use of the Services or our Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.

We cannot promise that our Services or Website will be available uninterrupted and in a fully operating condition due to the nature of the internet and our dependency on other service providers. Access to the Services and our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

15. Complaints and Feedback

If you believe that any content on our Website is in breach of these Terms (e.g. obscene content) you can anonymously report this to us by clicking on the "Report" button . 

If you have any specific complaints about our Website, another Registered User, visitor to the Services or any Contributed Content or any other aspects of the Services then you can contact us at historypin@wearewhatwedo.org. Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.

Copyright Infringement Notification Process

To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:

Include a statement telling us that you have found a photo or other content on Historypin which you believe infringes your copyright (for example, "I hereby confirm that I believe the photo identified below infringes my copyright").

• Tell us which country your copyright applies to.
• Tell us the title of the photo concerned and the full URL.
• Explain to us how the photo infringes your copyright.
• Let us have contact information so that we can get in touch with you (email address is preferred).
• Let us have the contact information which we can pass on to the submitter of the photo concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
• Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
• I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
• Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

If you prefer to contact us via postal mail or email you may do so here.

We Are What We Do

1st Floor, 71-73 St. John Street

London

EC1M 4NJ

United Kingdom

You can contact us by email at historypin@wearewhatwedo.org or by phone at +44 (0)207 148 7666.

Make sure you know whether the content that you have seen on Historypin infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access for Registered Users who are infringers.

16. Security and Privacy

Please read our Privacy Policy which contains important information about the use of your personal data other information regarding your privacy and our security processes and policies.

17. Changes to these Terms and Conditions

We are constantly looking for new ways to improve Historypin Website and Services and to enhance your experience. We therefore reserve the right to amend and develop the Services, our Website and these Terms and Conditions at any time. We will post all such changes on the Website and, other than in relation to minor changes which have no detrimental impact on you, send you a notification of such change by email to the email address that you have registered with us, where relevant. All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes from that date. Please check this page regularly to ensure you are familiar with the current version of our Terms and Conditions as they are binding on you. If you do not accept any changes made in relation to the Historypin Service, then you can exercise your right of termination as set out in these Terms and Conditions or simply discontinue using the Website or Services at any time.

18. Severance

Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

19. Exclusion of Third Party Rights

These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

20. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Website and the Services, and supersede all previous agreements in respect of your use of this Website or Services.

21. Law

These Terms and Conditions shall be governed by the laws of England and Wales (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to exclusive jurisdiction of the Courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

22. Contact Us

You may contact us by email at historypin@wearewhatwedo.org. Only correspondence sent to this email address will be responded to by us at our discretion.

We Are What We Do is a Community Interest Company registered in England and Wales under registration number 05241856 and our registered address is 1st Floor, 71-73 St. John Street London EC1M 4NJ. VAT number: 848406212.