The information and facilities provided on whatwashere. and whatwasin websites (in each case referred to here as the "Site") are
provided to you ("you/your") by whatwashere.com Limited ("we/our/us"). See the end of these Terms and Conditions for our
contact details.
All users will be asked to register and accept these Terms and Conditions to become "Registered Users" before being able to contribute
and amend material on the Site. If you do not agree to these Terms and Conditions then you must not register. These Terms and
Conditions incorporate the Terms of Use.
1.1 There is no charge for using the Site or for becoming a Registered User.
1.2 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. The Site is about sharing content and therefore we have adopted the
Creative Commons Licence
arrangements to govern how you may use content indicated as "Shared Content" on the Site and how any material you post will
automatically become Shared Content for others to use. In relation to how we may use such content, please see below.
1.3 Whenever you post content on the Site, you agree to make it available under the terms of the
Creative Commons Licence which
governs all Shared Content on the Site. This means that, in relation to any content that you choose to make available (as in relation to
your rights to use other Shared Content on the Site), users of the Site will be able to:
- copy, distribute, display and perform the Shared Content; and
- make derivative works from it,
provided that:
- do not use it for any commercial purpose;
- when they use it elsewhere they credit you as the original author;
- if they re-use or distribute the Shared Content, they make it clear to others the terms on which the Shared Content is made available
by explaining to them these licence terms;
- if they make any derivative work that they create from the Shared Content available to other users on the same
Creative Commons Licence terms.
Other Registered Users will be able to amend, overwrite or even delete your content on or from the Site without consulting you.
Please therefore think carefully before uploading any content or information to the Site and do not do so if you are not happy to make it available to
others as Shared Content to use in this way.
1.4 All other content on the Site that is not Shared Content ("
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.
1.5 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.
1.6 Any use other than that permitted under this paragraph 1 may only be undertaken with our prior express authorisation.
1.7 When you contribute any content to the Site, you grant us a perpetual, royalty free licence to use such content as set out below. This licence
is separate and different from the
Creative Commons Licence
that applies to other Site users' use of such content.
1.8 On posting any content, the licence you grant to us and our partners is a licence to:
1.8.1 communicate such content to the public and otherwise make it available on the Site and via the whatwasHere.com services and to
amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such content; and
1.8.2 create and publish the content (in or on any media) based on (or which include copies and/or modifications of) all or any part of
the content in publications produced by or with whatwasHere.com Limited's permission and you hereby waive any rights that you may otherwise
have to any revenues arising from such use.
2.1 If you are under 16 years of age then you may not register to use the Site.
2.2 If we discover or have reason to suspect that you are not 16 or over we may suspend or terminate your registration.
2.3 If you are a parent or guardian or teacher with concerns regarding the safety of a child's use of the Site or would like more information about
whatwashere, then do contact us as set out at the end of these Terms and Conditions.
3.1 Upon registration, you will select a Password and whatwasHere.com
User Name that you can use to access your Profile. We will then send you an email confirming your registration and containing links to
Terms and Conditions. We will not be able to send you your password in this email.
3.2 You are responsible for maintaining the confidentiality of your 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 the Site and services and will not be liable where your Password or User Name
are used by someone else.
3.3 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.
4.1 Please read this paragraph particularly carefully. You agree that, in using the Site, you will not:
4.1.1 email, transmit or otherwise disseminate any content (including, text, photographs or other images) which is 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;
4.1.2 transmit on the Site, personal data regarding another Registered User or other person including, without limitation, their
email, address or other contact details that would enable another Registered User or other person to identify or contact them without
their express consent;
4.1.3 use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity including
canvassing, prostitution or soliciting;
4.1.4 use the Site for any purpose other than your personal use or in accordance with the
Website Terms;
4.1.5 use the Site to 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;
4.1.6 cause any part of the Site to be interrupted, damaged or otherwise impaired; nor
4.1.7 use any Shared Content or Our Content other than as prescribed in paragraph 1 above.
5.1 We have no responsibility or control over the contents of any Shared Content nor communications made by or between
Registered Users or visitors to the Site and can not be held liable for any contents of or consequences of such material.
You must be aware that any Shared Content information provided by another Registered User may be incorrect or misleading
and it is your responsibility to take precautions and use common sense when using the Site and any Shared Content or providing
any information to others via the Site. Unfortunately, there may be occasions when you may find other Registered Users' or visitors'
use of the Site or posted Shared Content offensive, harmful or deceptive. If you have any complaints regarding another Registered
User, visitor to the Site or Shared Content, then you should use the Complaints Process set out below.
5.2 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.
5.3 To the fullest extent permissible by law, we disclaim any and all warranties of any kind (whether express or implied) in relation to
the Site and any items accessed by you via the Site or a third party provider including any Shared Content. Your statutory rights as a consumer
(including your right to receive a reasonable standard of service) are not affected.
5.4 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the
Site and/or these Terms and Conditions shall be limited in aggregate to £1,000.
5.5 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.
5.6 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.
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.
5.7 We do 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.
5.8 All content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give
any warranty in respect of the Site or its content, including, without limitation, any advice given (on a personal or general basis) and
statements made by advertisers on or via the Site. Any decisions or action taken by you on the basis of Shared Content or information
provided on or via the Site is at your sole discretion and risk.
6.1 If you have any other specific complaints about another Registered User, visitor to the Site or any Shared Content or any other
aspects of the Site then you can contact us at
. Please note that we are under no obligation to take any action
against a Registered User or other person unless required by law.
7.1 You warrant that:
7.1.1 you are 16 or over or;
7.1.2 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);
7.1.3 you will undertake to comply with the restrictions on your use of the Site or any Shared Content or non-Shared Content as set out in
paragraphs 1 and 4 and all other Terms and Conditions set out herein;
7.1.4 all content that you contribute to the Site is yours and you have all rights required to grant the licences set out in paragraph 1
above without whatwasHere.com Limited 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 1.
7.2 You agree to compensate us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third
party in respect of any matter in relation to or arising from your use of the Site or any Shared Content or non-Shared Content including any
breach or suspected breach of these Terms and Conditions or your violation of any law or the rights of a third party.
8.1 You can cancel or terminate your registration at any time by contacting us on
.
8.2 We reserve the right to terminate or suspend your registration where:
8.2.1 we have reason to believe or suspect that you are acting in breach of these Terms and Conditions or the
Website Terms; or
8.2.2 otherwise, where required to do so by law, regulatory body or our licensors;
8.2.3 at any time on not less than 1 days notice to you.
9.1 You must 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.
10.1 We are constantly looking for new ways to improve the Site and to enhance your experience. we therefore reserve the right to
amend and develop the Site and these Terms and Conditions at any times. We will post all such changes on the Site and 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 Site and you will be deemed to have accepted any such changes forthwith from such point if you
continue to use the Site. If you do not accept any changes made, then you can exercise your right of termination under paragraph 8 at any time.
11.1 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.
12.1 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.
13.1 You may contact us by email at
. Only correspondence sent to this email address will be responded
to by us at our discretion.
13.2 whatwasHere.com is a limited liability company registered in England and Wales under registration number 5134670 and
our registered address is 49A High Street, Ruislip, Middlesex HA4 7BD.
Please click here to return to the homepage