Terms and Conditions
User Licence for Canmore
MyCanmore Contributor Licence
Privacy Policy
Security Policy
Parties
These Terms and Conditions are between Historic Environment Scotland, hereafter “HES” and you, hereafter “the User” and relate to your use of the website “Canmore”.
Access to Canmore and the User’s Agreement
Access to Canmore is provided solely under these Terms and Conditions and the User Licence displayed below. Your use of Canmore automatically indicates your agreement to these Terms & Conditions and the User Licence and these are contractually binding on you if you continue to use Canmore. If you do not wish to agree to these terms, do not use the website.
Right to Use Canmore
The Canmore website is open for free use. That free use is limited to personal, individual and educational use. The permissions are detailed in the User Licence below.
The materials on the website come from the HES Collections. As in any archive collection, some of the material is copyright and some is out of copyright. Some of the copyright material is not owned by HES or the Crown and we acknowledge and respect those Intellectual Property rights. That means the majority of material on Canmore can be provided wholly to you with a range of additional services; and a small proportion may only be viewed and no other use can be made. Canmore options will be shown blocked out for such material. If you do need to make use of such restricted material, please click BUY and give full details. Contributed myCanmore material will provide a contact form to contact the contributor directly.
Users are therefore given a limited permission to use these Collections items.
Copyright
The images, information and data featured on this website are subject to Crown 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.
User Accounts for MyCanmore
Users must sign up and create a User account to use MyCanmore. A User Account allows us to track the legal permission MyCanmore Users provide to HES when they place items on Canmore. A Contributor to MyCanmore retains copyright but give HES permission to display and use the image and any text provided. Consult the MyCanmore Contributor Licence below for the full terms of contribution.
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.
User Risk
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 the maximum liability 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. Please use the BUY option for these purposes and separate licences will be provided
Parties
The parties to this Licence are HES and the User.
Definitions
“HES” means Historic Environment Scotland
“Contributor” means Any individual or organisation who uploads Digital Media owned by them to the Canmore website and thereby gives permission to allow the use of their property on the website
“User” means any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website
“Canmore” means the Canmore website and its contents as provided at www.canmore.org.uk
“Licence” means the contract between HES and the User which sets out the terms and conditions of use
“Licensed Digital Media” means images, text or data which may be downloaded electronically and stored on a User's computer or electronic device
“Personal Use” means use by an individual which may involve viewing, browsing, downloading to a Personal Electronic Device or printing for personal use
“Educational Use” means use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation
“Blogging Use” means use of specially prepared images as supplied in Canmore on a non-commercial basis on a personal blog or website that is free to use and presents no logins
“Reproduction” means Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication
“Distribution” means providing any Licensed Digital Media to any third party by any means other than for Educational or Blogging Use
“Personal Electronic Device” means any electronic device which allows web access, viewing, downloading and storage of electronic files
1 Terms and Conditions of the Licence
Subject to the terms of this licence, HES grant to the User a limited, non-exclusive, non transferrable licence to allow the User to use the Licensed Digital Media solely for Personal Use or Educational Use or Blogging Use as specified.
2 Personal Use
Personal Use is granted in accordance with the terms of this Licence for research, study or personal display and printout only. The user may store Licensed Digital Media on their personal computer or Personal Electronic Device but may not Reproduce or Distribute the Licensed Digital Media.
3 Educational Use
Educational Use is granted in accordance with the terms of this Licence for research and study only. The User may create documents for classwork, as long as the source of the information (Canmore website) is acknowledged and the source of any image is attributed (for example: The Royal Commission on the Ancient and Historical Monuments of Scotland, the name of an Individual Contributor and an image reference number)
4 Blogging Use
Permission is granted for limited distribution of specially prepared images. These are accessed by selecting the 'Download' button under each image. These images are limited to 450 pixels on the longest side and carry a special watermark. You may copy solely these watermarked images to a blog or personal web page as long as the page is freely available with no login restrictions and no charges. The following conditions apply: you must display the attribution which is contained in the watermark, you must not resize or crop the image, you may make no commercial use of the image or attempt to sell it, sub-license it or use it in any form of advertising. You must create a return link to the Canmore site and preferably to the direct record page.
5 User’s Conditions
Save for the uses set out in sections 2, 3 and 4, the User shall not:
use or exploit the Licensed Digital Media or any part thereof save in accordance with this Licence. All rights in relation to the Licensed Digital Media not expressly granted to the User under this Licence are reserved to HES or the Individual Contributor;
sell, resell, license, distribute, transmit or commercially exploit Licensed Digital Media;
make the Licensed Digital Media or any part thereof available in any manner or on any media to any third party save in accordance with this Licence;
reproduce or amend the Licensed Images or any part thereof in any manner;
use the Licensed Images or any part thereof for any purpose other than Personal Use or Educational Use; unless the User has been granted explicit prior written consent to do so by HES or the Contributor
6 Commencement Date
The licence commences on the date the User downloads any Licensed Digital Media from the Canmore website
7 Jurisdiction
This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
Should you wish to contribute material to Canmore, you will need to sign up for a MyCanmore User Account where your contact details will be recorded. In providing material to Canmore, you agree to the following terms.
Parties
The Licence is between HES as defined below and the Individual Contributor
Definitions
“HES” means Historic Environment Scotland
“Contributor” means Any individual or organisation who uploads Digiital Media owned by them to the Canmore website and thereby gives permission to allow the use of their property on the website
“User” means any person, group or legal entity who accesses this website and browses, searches, downloads or copies material contained in this website domain or who accesses material derived from this website
“Canmore”- The HES website and its contents as provided at www.canmore.org.uk
“User Licence for Canmore” means the contract between HES and the User which sets out the terms and conditions of use
“Licensed Digital Media” means images, text or data which is uploaded electronically and stored on a User's computer or electronic device
“Personal Use” means use by an individual which may involve viewing, browsing, downloading to a Personal Electronic Device or printing for personal use
“Educational Use” means use by a recognised educational institution or student or member of staff of such which involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use or not for profit use in a class, lecture or classwork documentation
“Reproduction” means Making copies of Licensed Digital Media as whole single copies or including Licensed Digital Media as part of any other work or publication
“Distribution” means providing any Licensed Digital Media to any third party by any means
“Personal Electronic Device” means any electronic device which allows web access, viewing, downloading and storage of electronic files
“Uploaded Resources” means Any text or electronic file uploaded by the Contributor for display on the Canmore website
“Consents” means permissions by others who have rights in the resource
“Intellectual Property Rights” means those rights as defined in copyright, design and patents law
“Non-exclusive” means the Contributor retains all rights to grant licences to anyone they may choose
1. Contributor’s Undertakings
The Contributor agrees:-
(i) To comply with the Terms and Conditions, Licences and Guidelines of the site and maintain a User Account
(ii) that from time time to time, the contributor may supply Uploaded Resources which may include image(s) and caption(s) and text
(iii) that the Contributor has sought all Consents necessary or holds all Intellectual Property Rights necessary to allow supply of such Uploaded Resources for use on Canmore.
(iv) that HES may use and assign the supplied Uploaded Resources Non-Exclusively for Personal or Educational or Blogging use without further reference to the Contributor and without payment of royalty to the Contributor.
(v) to accept all legal responsibility for such Uploaded Resources and to hold HES harmless if any legal challenge occurs.
2. HES Undertakings
HES agrees:-
(i) that the Uploaded Resources will remain the copyright of the Contributor [or as named by Contributor]
(ii) that royalty free use will be limited to Personal, Educational, and Blogging not-for-profit use.
(iii) that HES will issue a User Licence to meet these undertakings
(iv) to provide any information regarding inquiries on Uploaded Resources
3 Commencement
The Licence commences on upload of Uploaded Resources and exists for as long as HES or its not-for-profit inheritors exist.
4 Acceptance
The Contributor accepts this licence by creating a User Account and uploading Uploaded Resources.
5 Jurisdiction
This Licence shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
Data Protection Officer
Dataprotection@hes.scot
Or Data Protection Officer
Historic Environment Scotland
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
