Access to Britain from Above - Terms and Conditions
User Content Licence for Britain from Above
Britain from Above Community Guidelines
We invite members of the public to log onto our site and engage by contributing information to the Aerofilms images and engaging with the Britain from Above community by joining and participating in groups. By ‘contributing information’ we mean sharing stories and uploading photos, adding and editing an image’s wiki and keywords and providing information about an image’s geographic location.
But first we need to set a few ground rules for all that activity.
1. What the site is about.
We’ve digitised the images and added them into the website so they can be accessible to members of the public. As we know relatively little about most of these images we would like members of the public to register with the site and add information about Aerofilms images that they know something about.
2. Be nice. Be Polite.
Address others the way you would want to be addressed. No name-calling, no personal attacks.
3. Things you should never do.
There are a few things we won’t tolerate – obscenities, threats, hate speech, material that’s ethnically or racially offensive, abusive comments and spam, to name a few.
Remember that text and images you post on the site must belong to you. It is wrong to post things from other websites if you have not sought permission.
More information on this can be found in the Terms and Conditions of the site.
4. If you see something questionable, let us know.
If you spot a comment you think violates these guidelines, please let us know. There’s a little “report abuse” button next to every comment. Clicking it will tell our moderators they should check it out.
5. How moderation works.
Comments on Britain from Above post immediately and may be removed following community flagging or for other reasons. We call this approach “post-moderation.” We believe in post-moderation because it allows for near real-time discussion and fosters real conversation. Any comments that include external links will appear however the links will only appear as text.
Terms & Conditions
Parties
These Terms and Conditions are between Historic Environment Scotland on behalf of the BfA Parties and you, hereafter “the User”, and relate to your use of the website “Britain from Above”.
The “BfA Parties” are each of Historic England (in respect of Britain from Above contents relating to England and the rest of the world (excluding Scotland and Wales)), Historic Environment Scotland (in respect of Britain from Above contents relating to Scotland) and The Royal Commission on the Ancient and Historical Monuments of Wales (in respect of Britain from Above contents relating to Wales.
Access to Britain from Above and the User’s Agreement
Access to Britain from Above is provided solely under these Terms and Conditions and the User Content Licences. Your use of Britain from Above automatically indicates your agreement to this and all the terms are contractually binding on you. If you do not wish to agree to these terms, do not use the website.
Permission to Use the Website
The Britain from Above website is open for all people to use as it is provided. That free use is limited to personal, individual and educational use. The materials on the website come from a variety of providers including both the BfA Parties and Contributors and we acknowledge and respect their Intellectual Property rights. The BfA Parties have a legal duty to ensure their materials are not distributed, reproduced or sold in any way which compromises their rights. That is why the User’s rights are clearly stated and limited in these Terms and Conditions and User Content Licences. Users are therefore given a limited permission to use other people’s property.
Copyright
The images, information and data featured on this website are subject to Crown Copyright and other Intellectual Property Rights held by the applicable BfA Parties and Contributors as indicated. Historic England and The Royal Commission on the Ancient and Historical Monuments of Wales have each granted a licence to Historic Environment Scotland to licence their respective materials on Britain from Above pursuant to appropriate User Content Licences. There are also copyrights relating to the database itself and to the design, structure and code employed in the website.
Community Use of the Website
Users must sign up and create a User Account to use the community features of the website. Accounts allow: settings to be saved, the creation of an individual identity; sharing; commenting and the contribution of materials among other features. At all times, such Users are legally responsible for the materials they provide as text or digital media. Should use be found to be illegal, subject to complaint, breach the guidelines or cause any other infringement, the BfA Parties reserve 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 the BfA Parties 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
The BfA Parties provide 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, Britain from Above disclaims all 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.
“Distribution” means providing any digital media licensed to a User to any third party by any means.
“Reproduction” means making copies of any digital media licensed to a User as whole single copies or including any digital media licensed to a User as part of any other work or publication.
User Content Licence Terms and Conditions
These are the general licence terms and conditions under which the materials available on www.britainfromabove.org.uk are offered.
If you wish to purchase any materials, the specific terms of your licence will be set out in the “Contract Details” which will include information such as the material reference, permitted use and licence duration. You will be asked to review both the Contract Details and these general licence terms and conditions prior to purchasing any materials.
1 Licence Terms and Conditions
1.1 These are the general licence terms and conditions (the “Licence Terms and Conditions”) under which the Materials are offered. The specific terms of your licence will be confirmed in the attached contract details (the “Contract Details”). You will be asked to review both the specific terms of your licence and these general licence terms and conditions prior to purchasing any Materials.
1.2 The Contract Details will confirm the following information:-
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Credit Line |
the credit, acknowledgement or attribution applicable to the Materials. This could be a copyright notice or other acknowledgement. |
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Duration |
the duration of the Licence. This will be ‘in perpetuity’ (forever) for ‘personal re-use’ and ‘educational re-use’ licences. |
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Licence Fee |
the fee payable (if any) for the Licence of the Materials. |
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Licensee |
the individual or organisation to whom the Licence is granted. |
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Materials |
the specific materials which are the subject of the Licence. These licensed materials will typically be identified through a reference number and thumbnail image. |
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Material Supply Fee |
the fee payable (if any) for the supply of the Materials. |
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Permitted Use |
the specific purpose for which the Materials may be used by the Licensee. |
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Territory |
the territory in which the Materials may be used for the Permitted Use. This only applies to ‘general or commercial re-use’ licences. |
1.3 These Licence Terms and Conditions were last updated on 28 November 2024.
2 Licence Grant
2.1 This is a Licence from HISTORIC ENVIRONMENT SCOTLAND (“Licensor”, “us”, “our” and/or “we”) to the licensee (as confirmed in the Contract Details) of the Materials (“Licensee”, “you” and/or “your”) in exchange for the Licence Fee (if any) and the Material Supply Fee (if any).
2.2 HISTORIC ENVIRONMENT SCOTLAND is an executive non-departmental public body established under the Historic Environment Scotland Act 2014 and a Scottish Charity (No. SC045925), having its principal office at Longmore House, Salisbury Place, Edinburgh EH9 1SH.
2.3 This Licence consists of the Contract Details (completed by you and accepted by us) and these Licence Terms and Conditions. If there is any conflict between the Contract Details and these Licence Terms and Conditions, the Contract Details will take priority.
2.4 Any definitions used in the Contract Details shall apply to these Licence Terms and Conditions.
2.5 A reference to the Materials includes a reference to the whole or any part of the Materials.
3 Owner of the Materials
3.1 Historic Environment Scotland is either the owner or the licensee of the Materials provided to you, and we are entitled to grant this Licence to you in order to use the Materials on the terms of this Licence.
3.2 Where the Materials are subject to Crown Copyright, we are permitted to grant this Licence to you subject to a Crown Copyright delegation of authority.
3.3 Where the copyright in the Materials belongs to someone else (a “Third-Party”), that Third-Party has granted us a licence in order that we can grant this Licence to you.
3.4 Where there is no copyright in the Materials or the copyright in the Materials belongs to us, the Materials are provided for re-use in accordance with the Re-Use of Public Sector Information Regulations 2015.
4 Permitted Use
4.1 The Materials licensed under this Licence may be used only for the Permitted Use as set out in the Contract Details.
4.2 Personal re-use.
Where the Contract Details specify that the Permitted Use of the Materials is for “personal re-use”, this means that you are permitted to use the Materials for personal, non-commercial purposes only.
‘Personal re-use’ includes:-
4.2.1 downloading one copy of the Materials to a personal computer or other electronic device;
4.2.2 printing for display at home or as a personal gift;
4.2.3 use on a personal social media account with no commercial aspect (low resolution images only);
4.2.4 use on a personal online blog or websites with no commercial aspect (low resolution images only);
4.2.5 private study or non-commercial research, including unpublished academic research (such as a dissertation).
‘Personal re-use’ explicitly excludes:
4.2.6 any commercial use, including sale of a physical or digital reproduction of the Materials;
4.2.7 any use of the Materials on commercially focused social media, blogs, websites or similar (including monetised YouTube channels or similar);
4.2.8 any commercial research, including providing all or part of the Materials to an organisation conducting commercial research.
4.3 Educational re-use.
Where the Contract Details specify that the Permitted Use of the Materials is for “educational re-use”, this means that a student or member of staff from a recognised educational institution is permitted to use the Materials for academic, educational or non-commercial research purposes only.
‘Educational re-use’ includes:-
4.3.1 downloading one copy of the Materials to a computer or other electronic device;
4.3.2 fair dealing use by an educational institution for teaching purposes or for non-commercial research purposes;
4.3.3 creation of teaching materials including use in presentations, lectures, worksheets or exams (providing access is limited to enrolled students);
4.3.4 use in an online, remote or face-to-face learning environment (providing access is limited to enrolled students); or
4.3.5 fair dealing use by an educational institution for non-commercial research purposes.
‘Educational re-use’ explicitly excludes:
4.3.6 any commercial use, including sale of a physical or digital reproduction of the Materials;
4.3.7 any use of the Materials for commercial academic purposes, including use in digital or print publications, teaching resources provided as a commercial product or resources, or presentations or lectures made publicly available;
4.3.8 any use of the Materials for commercial research or reference purposes; or
4.3.9 use of significant quantities of information for non-commercial research purposes.
4.4 General or commercial re-use
Where the Contract Details specify that the Permitted Use of the Materials is for “general or commercial re-use” (or for any purpose other than “personal re-use” or “educational re-use”), this means that you may use the Materials for general or commercial purposes but only strictly in accordance with the restrictions confirmed by us in the Contract Details.
4.5 High resolution images (more than 92 dots per inch (DPI) and more than 1,200 pixels on the longest side) may not be used (in whole or in part) on any social media account, online blog, website or similar even if there is no commercial aspect to such use.
4.6 If you wish to use the Materials for any purpose other than the Permitted Use, please either purchase the correct type of licence from us or contact us to arrange a separate licence suitable for your required purpose.
5 Duration
Subject to the payment of the Licence Fee (if any) and Material Supply Fee (if any), this Licence will continue for the Duration whereupon it shall automatically expire. Notwithstanding the Duration, the Licence may be terminated earlier in accordance with clause 9 (Termination).
6 Territory
This clause 6 (Territory) only applies to ‘general or commercial re-use’ licences. Subject to the payment of the Licence Fee (if any) and Material Supply Fee (if any), this Licence permits the use of the Materials for the Permitted Use in the Territory only. If you require to use the Materials in a different territory outwith the Territory, please either purchase the correct type of licence from us or contact us to arrange a separate licence suitable for your required territory.
7 Extent of Licence
7.1 This Licence is:
7.1.1 Non-exclusive - meaning you are not the only person who can use the Materials.
7.1.2 Fully paid up - meaning you have provided us with payment in exchange for your permitted use of the Materials.
7.1.3 Revocable - meaning that we can revoke or otherwise terminate this Licence at any time in terms of clause 9 (Termination).
7.1.4 Non-transferable - meaning that you cannot give, sell or otherwise transfer the rights in this Licence to any other person.
7.1.5 Non-sublicensable - meaning you cannot grant a sub-licence to any other person.
7.1.6 Limited – meaning that you can only use the Materials for the Permitted Use, for the Duration, and, where relevant, within the Territory.
7.2 To the extent permitted by law, we hereby exclude any representations, warranties, undertakings, or conditions (whether express or implied by law, contract or otherwise) in connection with the Materials including (without limitation):
7.2.1 any warranties of satisfactory quality, fitness for purpose, title and non-infringement; and
7.2.2 any warranties that the Materials will be free from errors including any viruses, bugs, trojan horses or any similar errors (together the “Errors”) or that any Errors will be corrected, and the Licensee is solely responsible for all costs and expenses associated with any rectification, repair or damage caused by any Errors.
8 Your Obligations
8.1 You must not:
8.1.1 grant a sub-licence, sell or otherwise transfer the Materials or the rights in this Licence to any other person;
8.1.2 use the Materials for any other purpose than the Permitted Use;
8.1.3 where relevant, use the Materials in any territory other than the Territory or use the Materials after expiry of the Duration;
8.1.4 make any additions to, deletions from, alter or distort the Materials; and/or
8.1.5 use the Materials in any way that would render the Materials obscene or defamatory or in any way that would bring our reputation (and/or the reputation of a third party) into disrepute.
8.2 You must:
8.2.1 ensure that, in any use made of the Materials, the Credit Line set out in the Contract Details is included;
8.2.2 only use low resolution copies (no more than 92 dots per inch (DPI) with a maximum of 1,200 pixels on the longest side) of the Materials when posting on any social media platform (this means any internet-based platform, including those which may be accessed through an app, through which users are able to create and/or share content that is accessible to members of the public, for example, sites such as Facebook, Instagram, Snapchat, TikTok, Twitter/X, Pinterest, Tumblr, Google+, and YouTube); and
8.2.3 inform us immediately if you:
8.2.3.1 become aware that the Materials infringe the rights of any other person or organisation;
8.2.3.2 suspect another person or organisation of infringing our rights in or to the materials; and/or
8.2.3.3 become aware of any other form of attack or claim on the Materials.
8.3 By entering into a ‘personal re-use’ Licence, you confirm that you are an individual and you are purchasing the Materials for your personal use (and not for use in connection with your trade, business, craft or profession).
8.4 By entering into an ‘educational re-use’ Licence, you confirm that you are either (i) a recognised educational institution or (ii) a student or member of staff of a recognised educational institution, and in either case you are purchasing the Materials for educational re-use purposes (specifically the Permitted Use).
9 Third-party claims
9.1 If anyone (including a Third-Party) makes a claim against you in connection with this Licence or the Materials, you must:
9.1.1 tell us as soon as possible by emailing us at archives@hes.scot; and
9.1.2 not take any action or make any admissions in response to such a claim.
9.2 If someone does make a claim against you and you have notified us in terms of condition 8.1 then we will decide what action to take and have exclusive control over, and conduct of, all claims and proceedings.
10 Termination
10.1 The Licence can be terminated by us in any of the following circumstances:
10.1.1 we can give you one months' notice in writing at any time;
10.1.2 with immediate effect if you commit a breach of any of your obligations in the Licence or, if such breach is remediable, you fail to remedy the breach within a period of 30 days after we have notified you in writing to do so;
10.1.3 with immediate effect if your use of the Materials infringes any law (whether domestic or foreign) or, in our reasonable opinion, negatively affects our (or a Third-Party's) reputation; or
10.1.4 you become the subject of a bankruptcy petition, application or order (where you are an individual) or you become the subject of a liquidation, winding-up, insolvency or similar proceedings (where you are a body corporate).
10.2 The Licence shall terminate automatically in the event of the death of the Licensee (where you are an individual).
10.3 Any notices from us to you will be sent by email to the address provided in the Contract Details and shall be deemed to have been received at the time of delivery.
11 Consequences of expiry or termination
On expiry or termination of the Licence:
11.1 all rights and licences granted by us shall immediately cease; and
11.2 you shall immediately cease to use the Materials.
12 Liability and Indemnity
12.1 You are a consumer if you are an individual and you are buying items from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business user if you are not a consumer and are buying items from us wholly or mainly for use in connection with your trade, business, craft or profession (even if you are an individual).
12.2 Consumers: You are responsible for complying with the terms of this Licence and you may be required to compensate us against any breach of this Licence by you or against any third-party claims brought against us if your unauthorised use of the Materials infringes another person's intellectual property rights.
12.3 Business users: To the fullest extent permitted by law, we shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from your exercise of the rights granted to you under this Licence. Subject to clause 12.5, our total liability to you in respect of all losses arising under or in connection with this Licence or otherwise shall be limited to the Licence Fee.
12.4 Business users: You shall indemnify us and keep us indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
12.4.1 your exercise of your rights granted under this Licence;
12.4.2 your breach or negligent performance or non-performance of this Licence; and
12.4.3 the enforcement of this Licence.
12.5 Nothing in this Licence shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence.
13 Data Protection
We use your personal data as set out in our privacy notice published on our website at www.historicenvironment.scot.
14 Disputes
14.1 If you have a dispute with us we would like to be able to resolve any issues with you in the first instance. Please contact us by emailing us at archives@hes.scot.
14.2 The law of Scotland shall apply to this Licence.
14.3 Consumers: Wherever you live, you can bring claims against us in the Scottish courts. If you live in England, Wales, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
14.4 Business users: You irrevocably agree to submit all disputes arising out of or in connection with the Licence with you to the exclusive jurisdiction of the Scottish Courts.
15 We can transfer our rights
We shall be entitled to transfer our interest in this Licence to any third party. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Licence.
16 General
16.1 Nobody else has any rights under this Licence. This Licence is between you and us and nobody else can enforce it.
16.2 If a court invalidates some of this Licence, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.3 Any variations to this Licence must be in writing and agreed between us.
Even if we delay in enforcing this Licence, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Britain from Above Contributor Licence
Should you wish to contribute material to Britain from Above, you will need to sign up for a Britain from Above User Account where your contact details will be recorded. In providing material to Britain from Above, you agree to the following terms.
Parties
The Contributor Licence is between the BfA Parties (as defined below) and the Contributor (as defined below).
Definitions
“BfA Parties” means each of Historic England (in respect of Britain from Above contents relating to England and the rest of the world (excluding Scotland and Wales)), Historic Environment Scotland (in respect of Britain from Above contents relating to Scotland) and The Royal Commission on the Ancient and Historical Monuments of Wales (in respect of Britain from Above contents relating to Wales.
“Britain from Above” means this website and its contents as provided at www.britainfromabove.org.uk.
“Consents” means permissions by others who have rights in the Uploaded Resource.
“Contributor” means any individual or organisation who uploads digital media owned by them to the Britain from Above website and thereby gives permission to allow the use of their property on the website.
“Contributor Licence” means the contributor licence between the BfA Parties and a Contributor in respect of Uploaded Resources provided by the Contributor to the BfA Parties for use on Britain from Above.
“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.
“Guidelines” means any community guidelines or acceptable use policies issued by the BfA Parties from time to time in respect of Britain from Above.
“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.
“Personal Electronic Device” means any electronic device which allows web access, viewing, downloading and storage of electronic files.
“Personal Use” means use by an individual which may involves viewing, browsing, downloading to a Personal Electronic Device or printing for personal use.
“Terms and Conditions” means the terms and conditions of use of Britain from Above issued by the BfA Parties from time to time.
“Uploaded Resources” means any images, text, data or other electronic file uploaded by the Contributor for display on the Britain from Above 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.
“User Account” means a Britain from Above user account.
“User Content Licence” means the contract between the relevant BfA Party and a User which sets out the terms and conditions of use of materials licensed to such User via Britain from Above.
1. Contributor’s Undertakings
The Contributor agrees:-
(i) to comply with the Terms and Conditions, Contributor Licences and Guidelines of the site and maintain a User Account;
(ii) that from 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 and holds all Intellectual Property Rights necessary to allow supply of such Uploaded Resources for use on Britain from Above;
(iv) that the BfA Parties may use and assign the supplied Uploaded Resources Non-Exclusively for Personal or Educational use without further reference to the Contributor and without payment of royalty to the Contributor; and
(v) to accept all legal responsibility for such Uploaded Resources and to hold the BfA Parties harmless if any legal challenge occurs.
2. The BfA Parties’ Undertakings
Each BfA Party (on its own behalf only) agrees:-
(i) that no BfA Party shall obtain copyright of the Uploaded Resources under the terms of this Contributor Licence;
(ii) that royalty free use of the Uploaded Resources will be limited to Personal or Educational Use;
(iii) that the BfA Parties will issue appropriate User Content Licences to meet these undertakings; and
(iv) that the BfA Parties shall provide to the Contributor any information regarding inquiries on such Contributor’s Uploaded Resources.
3 Commencement
The Contributor Licence commences on upload of Uploaded Resources and exits for as long as the BfA Parties or their respective not-for-profit inheritors exist.
4 Acceptance
The Contributor accepts this Contributor Licence by creating a User Account and uploading Uploaded Resources.
5 Jurisdiction
This Contributor 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.
Freedom of Information
Each of the Britain from Above partners has a Freedom of Information publications scheme. For details of these go to the respective websites:
Historic England, www.HistoricEngland.org.uk
Historic Environment Scotland, www.historicenvironment.scot
The Royal Commission on the Ancient and Historical Monuments of Wales, www.rcahmw.gov.uk