These Terms of Use apply when you access any whatwasHere.com or whatwasin website (in each case referred to
here as the "Site") whether or not you are a registered user. By accessing the Site, you agree to be bound
by these Terms of Use. If you do not agree to be bound by these Terms of Use, You may not access or use the
Site and must leave immediately. The Site is offered to you ("your"/"you") by whatwasHere.com Limited
("we"/ "us"/"our").
You can read and use the Site without registering but if you would like to contribute material to the
Site then you will need to sign up and agree to separate service terms and conditions. To register select
‘register’ and follow the instructions.
These Terms of Use were last updated on 5th January 2006.
1.1 We are whatwasHere.com limited, a company registered in England and Wales under registration number
5134670 and our registered address is
49A High Street,
Ruislip,
Middlesex
HA4 7BD.
1.2 If you have any questions, complaints or comments on this Site, you may contact us at
.
1.3 [Our VAT number is 863296593].
2.1 The Site works by enabling registered users to join the whatwasHere.com community to contribute and share
information about the history of where they live or know about. There is no charge for using the Site or for registering.
2.2 All the materials contributors post on the Site in this way are licensed to Site users (registered or not) under a
Creative Commons Licence and shall
constitute Shared Content. We recommend that you read the full licence by clicking on the link. By way of summary, this
licence enables you to:
- copy, distribute, display and perform the Shared Content; and
- make derivative works from it,
provided that:
- you do not use it for any commercial purpose;
- when you use it elsewhere you credit the original author;
- if you re-use or distribute the Shared Content, you make it clear to others the terms on which the Shared Content is made available
by explaining to them these licence terms;
- if you make any derivative work that you create from the Shared Content available to other users on the same
Creative Commons Licence terms.
2.3 All other content on the Site that is not ("
Our Content") is not held under the
Creative Commons Licence and your use of the
Site and Our Content 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 the Site.
2.4 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 the Site other than
for your own personal, non-commercial use. Subject to the above, 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.
2.5 Any use other than that permitted under this paragraph 2 may only be undertaken with our prior express authorisation.
3.1 We may provide links to other websites from time to time. These links are provided for your ease of reference
and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion
of links does not imply any endorsement of the material contained in such websites or any association with their operators.
3.2 You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we
shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you
will not involve Us in any dispute between you and the third party.
4.1 You agree that, in accessing or using the Site (including, without limitation, in reporting any complaints or
commenting on any entries posted on the Site), you will not:
4.1.1 use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal or otherwise
unlawful activity;
4.1.2 use the Site for any purpose other than for non-commercial use.
4.1.3 email, transmit or otherwise disseminate any content (including, text, photographs or other images) or make any claim
which is deliberately false, defamatory, obscene, in breach of copyright, 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; nor
4.1.4 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.
4.2 We reserve the right to suspend, restrict or terminate your access to the Site at any time at our discretion where we
believe that you may be in breach of these Terms of Use or where required to do so by law or regulatory body or our licensors.
6.1 Nothing in these Terms of Use 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.
6.2 We do not accept any liability for damage to your computer system or loss of data that results from your use of the Site and we cannot guarantee
that any files that you download are free from viruses, contamination or destructive features.
6.3 Please be aware that the Site is 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 Site and do not promise that the information on the Site will be
free from errors or omissions nor that it will not contain inappropriate content. If you have a complaint about any of the content
contained on the Site then contact us on
,
6.4 We do we promise that the Site 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 Site may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons reasonably beyond our control.
6.5 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or
these Terms of Use shall be limited in aggregate to £1,000 in respect of any one claim or series of connected claims.
6.6 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone
breaching these Terms of Use or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.
7.1 You must read our
Privacy Policy which contains important information about
the use of your personal data other information regarding your privacy.
8.1 We reserve the right to amend these Terms of Use at any time. All such changes will be posted on the Site and emailed to you where
you are a registered user and will take effect once they have been posted on the Site and you will be deemed to have accepted any such
changes by your use of the Site from such time.
9.1 If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full
force and effect.
These terms shall be governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there).
Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you
choose the jurisdiction of your domicile in Scotland or Northern Ireland.
11.1 In these Terms of Use, a "force majeure" event means and shall include, without limitation, strikes, lock-outs or other industrial
disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or
government order, rule regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and
where they are beyond Our reasonable control, any other acts, events, omissions or accidents.
11.2 We shall not be liable for any failure, any suspension or any termination of access to the Site or any content in connection with
or arising out of a force majeure event.