TERMS & CONDITIONS

We aim to keep our Terms & Conditions as simple as possible. This website (www.wherearethepoppiesnow.org.uk) is owned by Imperial War Museum (“IWM”) so when we refer to “we”’ or “our” in these terms and conditions, we mean IWM. By using the website you are making an agreement with IWM.

ACCEPTING THE TERMS:

In order to use the services you must first agree to these Terms and Conditions. You may not use the services if you do not accept these terms and conditions. You accept the terms and conditions by actually using the services.

These Terms & Conditions explain our conditions for you using the wherearethepoppiesnow.org.uk website. By using this website and/or registering an account you agree to be bound by these Terms and Conditions and Privacy Policy above. If you do not agree with our Terms and Conditions or Privacy Policy, you must not use the website.

Our Privacy Policy forms part of these Terms & Conditions, so please also read this. These Terms & Conditions, the Privacy Policy and any other document we refer to in these Terms and Conditions make up the whole agreement between you and IWM.

REGISTERING:

You have to register with our website and be signed in to use some features of the website. You must be aged 12 years or over to register on the website. Keep your sign in details private at all times. You must keep your personal information accurate and up to date, especially your email address.

CONTRIBUTING TO THE POPPY PINS AND THE WEBSITE:

The website gives you the opportunity to add to the poppy pins using. You should always obtain consent from any living individuals if you wish to include personal information. You may publish names and dates of birth without consent where this information comes from a legally permitted, publicly available source.

Adding to the poppy pins is easy to do and is the main purpose of the website. However you should be aware that any third party websites you link to will have their own terms and conditions/privacy policy and you should read these carefully. We shall have no responsibility or liability for the content or activities of any other websites which you may choose to link with.

If you do publish content on the website (whether on a Poppy pin or otherwise), you must not:

  • publish anything that violates the rights of any third party;
  • publish something that you do not own the rights in (including copyright) (or do not have permission from the rights owner to publish). Once published on the website, we cannot control how other people may use that content; therefore it is important that you have permission to publish from the rights holder;
  • include anything we consider offensive, inappropriate or defamatory (at our discretion);
  • break the law, for example by saying something libelous, or by posting something which results in a criminal offence;
  • share the personal information of living people without their permission. You’re responsible for managing content you create, including using privacy settings we make available; You may publish names and dates of birth of living people where this data comes from a legally permitted, publicly available source.
  • impersonate another person;
  • mine, collect or use any information from this website with the intent to harm, discredit, harass or prejudice any other person; or
  • disrupt the flow of information or other data to and from the website or do anything which impacts the service or performance of the website.

HOW WE USE CONTENT CREATED BY USERS:

You keep the copyright in any content that you create or publish on the website. However, by publishing it you are giving IWM and its group companies (which means us and any subsidiary and/or parent company of ours that might exist in the future) a non-exclusive, perpetual, transferable, sub- licensable, royalty-free, worldwide license to use (including editing, adapting or modifying the same) your content for any purpose and on all media no known or hereinafter invented. You agree not to object to our use, or any use by our group companies or partners, of the material that you create or publish on the website and acknowledge that we may not accredit you as having produced the material. Here are some examples of how we will use content you generate:-

  • to add it to the Features Stories or Homepage
  • to make it available on other websites owned or operated by IWM and those that it is in partnership with;
  • to allow other users to download, print and save copies of your content for their private and non-commercial use;
  • for promotional purposes, such as PR, marketing and advertising;
  • to help us improve our product and service offerings, including undertaking background searches;
  • to form part of the Poppy Owners database that we build linking user content to records and datasets we hold;
  • to make it available to internet search engines;
  • for other services provided by IWM group companies or its partners.
  • If we use any of your personal information (for example, your name) in connection with any content that you create, we will seek your advance permission.

CONTENT YOU CREATE IS AVAILABLE ON THE INTERNET:

Your registration and private conversations between members are always kept private: read our Privacy Policy for more information on this. We are not liable for any loss you suffer if content you create is abused by somebody else.

Except from your private conversations between members and your registration information, the content that you make available on the website can be viewed by other users of wherearethepoppiesnow.org.uk, users of websites that are either part of our group companies or with whom we have a partnership, and by internet search engines all as further outlined in the “How we use content created by users” section. If you don’t want this to happen, please do not publish the content.

We love being able to offer a service whereby users can store their memories, photographs and other information however please keep a copy of your information elsewhere. We shall not be liable for any loss of information (including photographs) under any circumstances including for example, should we ever have to close the website. We urge you to backup your information elsewhere.

MONITORING CONTENT CREATED BY USERS:

We do not monitor content published by our users and take no responsibility for things that you publish, so think before you post! If you see something on the site that you think is offensive, illegal or which isn’t in line with these Terms & Conditions, please let us know by using our ‘report this story / report this comment’ section on each of the poppy pins on the website. We don’t guarantee that we will always remove it, but we will certainly look into it. We reserve the right to remove content that you create, at our discretion.

INTELLECTUAL PROPERTY RIGHTS:

A large amount of time, money and effort has been expended to make these records and features available online. Many of these records and features have been obtained from other organisations and people. These people or organisations often own the intellectual property rights in the records (the copyright/database rights owner is displayed on most records) and website features. Accordingly, you may not use the records or features to create your own work (for example a database of records), copy or reproduce the records (either in whole or in part), or make available, share or publish them unless you have our permission (and/or that of the owner of the copyright/database rights in the work) in writing. You may however use screenshots of our website for blog postings, articles and presentations for informational and educational purposes. The website and services provided belong to IWM and again, you must not copy or use them without written permission. Therefore, you only have a limited license to access the website and to use the content for personal use.

RESPECTING INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT):

If you believe that you own the copyright in any of the content on the website, and we have not recognised you as the copyright owner, please contact us via the FAQs on the website and we will investigate. While we are investigating, we may temporarily remove the records in question. If we agree that you are the copyright owner, we will work with you to find a solution that you agree with, or we will take the record in question off the website permanently.

On this website, you are able to publish content; including transcriptions of facts, images; comments added to poppy pins. You remain the owner of any intellectual property rights in content you publish on the site.

You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data IWM stores on IWM servers submitted by others. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of IWM.

APPLICABLE LAWS:

The user agrees to obey all applicable laws and to not infringe any third party privacy or intellectual property rights and only to submit accurate, truthful, non-defamatory and non-offensive content for the website.

Accuracy of records and other information provided:

We cannot confirm or give warranties about the accuracy or completeness of the records or other information on the website. We simply provide access to it. We are not responsible for content on other sites that we link to. We cannot promise anything in relation to the content and services on the wherearethepoppiesnow.org.uk website, apart from what is set out in the Terms and Conditions.

LIMITATION OF LIABILITY:

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if IWM have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any content, our liability shall in no event exceed the total money you spent on the website in the twelve calendar months before you made a claim against us.

SEVERANCE:

The law is constantly changing, so if any part of these Terms & Conditions or Privacy Policy no longer applies or is no longer legally enforceable, then that part will be severed from the rest of the agreement: the rest will continue to apply.

THE LAW:

These terms and conditions are made and governed under the laws of England, without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the English Courts to resolve any disputes arising from these terms and conditions.

ACCEPTING THE TERMS:

In order to use the services you must first agree to the terms and conditions. You may not use the services if you do not accept the terms and conditions. You accept the terms and conditions by actually using the services.

 

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