Terms and Conditions [PDF Version]

BACKGROUND

The AddressingHistory website (the Site), API and Augmented Reality layer are based on materials (maps, Post Office Directories) digitised by the National Library of Scotland and the Internet Archive. A public domain copy of the Scottish Post Office Directories (PODs) is available from the Internet Archive. These Terms of Use are provided as a full legal description of your rights and responsibilities as a user or contributor to AddressingHistory and/or your rights and responsibilities as a user of the AddressingHistory API.

Use of the AddressingHistory Augmented Reality layer requires use of the Layar mobile application, which is owned by a third party and is therefore subject to that third party's terms and conditions: Layar Terms & Conditions and the Layar Privacy Policy. By agreeing to these Terms of Use you also agree to comply with the Layar Terms and Conditions and the Layar Privacy Policy.

TERMS OF USE

This page (together with the documents referred to on it) tells you the terms on which you may use the AddressingHistory site ("the Site") and the AddressingHistory API ("the API"). Please read these terms of use carefully before you start to use the Site and the API (together "the Service"). By using our the Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Service.

INFORMATION ABOUT US

AddressingHistory is an online tool and website operated by the University of Edinburgh, acting through EDINA, the national data centre based at Argyle House, 3 Lady Lawson Street, Edinburgh, EH3 9DR, UK. The University of Edinburgh is a charitable body registered in Scotland with registration number SC005336, having its principal office at Old College, South Bridge, Edinburgh, EH8 9YL.

ACCESSING THE AddressingHistory SITE AND API

Access to the Site is not restricted and content is provided under a Creative Commons Attribution-ShareAlike 2.5 UK: Scotland Licence. This means that you may access, copy, distribute and make derivative works from the content as long as you attribute AddressingHistory as the source of the content of the Site and make your own copy or derivative works available under the same type of Creative Commons licence.

Access to edit the content or otherwise contribute to the Site is permitted on the basis of registration and we reserve the right to amend or withdraw the Service without notice (see below). We reserve 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 of use.

Access to the API is provided without restriction on the type of usage but again under an Attribution-ShareAlike 2.5 UK: Scotland Licence. In line with this licence we request that you contact the project team (addressing.history@ed.ac.uk) if you are interested in using the API or any data under other circumstances or licence terms.

We will not be liable if for any reason any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these terms, and that they comply with them. You agree that we may impose or adjust the limit on the amount of data that you access through the API and/or the number of downloads you may receive through the Site. We may fix such upper limits at any time, at our discretion.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Service, and in the material published on the Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

USE OF DATA

You may acknowledge the source of all data that you access through the Service, by including the following attribution statements:

"Data provided by AddressingHistory, an EDINA, University of Edinburgh and National Library of Scotland Project."

If you provide any such data to any third party, you must ensure that such third party also complies with the above acknowledgement and licence requirements. You must not use any data accessed through the Service in any way that suggests that we or our project partners endorse you or your use of the data. You must not misrepresent the data or its source.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the 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 the Site, or by anyone who may be informed of any of its contents.

UPDATES

We aim to develop the Service and may change the content at any time. If the need arises, we may suspend access to the Service or close the Site indefinitely.

OUR LIABILITY

The material displayed on the Site, along with all data provided to you via the Service, is provided 'as is' without any guarantees, conditions or warranties as to its accuracy. Neither we, nor the National Library of Scotland as providers of the data, are liable for any errors or omissions in the data. To the extent permitted by law, we (and the National Library of Scotland as provider of the data) expressly exclude:

  1. all representations, conditions, warranties, liabilities and other obligations which might otherwise be implied by statute, common law or the law of equity in relation to the data.
  2. 1. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Service, any websites linked to it and any materials posted on it, including, without limitation any liability for: 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 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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.

INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICE

We will not be liable for any loss or damage caused by a distributed 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 the Service.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the API, or the server from which these are provided or any server, computer or database connected to the Site. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to contribute to the Site or access the API will cease immediately.

We will not be liable for any loss or damage caused by a distributed 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 the Site or API.

ACCEPTABLE USE

You must not use the Service in any way that is unlawful, fraudulent or illegal or in any excessive way, beyond normal user-generated activity, which is detrimental to other users of the Service.

You are prohibited from using the Service for any activity which infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner.

You must not access without authority, interfere with, damage or disrupt any part of the Service or API; any equipment or network on which the Site or API is stored; or any software used in the provision of the Service.

LINKING TO OUR SITE

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. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the 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 provisions set out in the paragraph above regarding acceptable use.

LINKS FROM OUR SITE

Where the 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.

JURISDICTION AND APPLICABLE LAW

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, the use of the Service. These terms of use 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 Scotland.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check these terms from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of the Service. When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Site or API.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

PRIVACY POLICY

For the purpose of the Data Protection Act 1998, the Data Controller is the University of Edinburgh.

We may collect and process personal data that you provide to us at the time of registering for your Login and/or during the continuance of your access to the Service.

We may also monitor and record your communications with us, and keep a record of them, including (but without limitation) for quality control and training purposes. We will use your personal data:

  • to provide you with access to the Service
  • for the administration of your registration for the Service
  • to respond to enquiries and complaints
  • to monitor usage of the Service
  • to ensure that use of the Service is compliant with our terms and conditions governing the use of the Service.

We take appropriate measures to ensure that your personal data is kept secure and is kept for only so long as is necessary for the purpose for which it is used. We only hold personal data about you that you have provided to us through the Site registration process or by using the Service.

When you use the Service, we may log your IP address, a unique identifier for your computer or other access device.

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