We take privacy rights and protection of the interests of Historypin users very seriously and we seek to ensure the highest standards of compliance with UK Data Protection Laws and Regulations. Our parent organisation, Shift has an up-to-date data protection notification registered with the Office of the Information Commissioner. This can be seen at:http://www.informationcommissioner.gov.uk, listed under our former name of “We Are What We Do”.
1. What do we mean by “Your Data”?
1.1 “Your Data” means any information about you which is personally identifiable, including, without limitation, your name, address, date of birth, telephone numbers, email address, user name, password, comments, personal descriptions, photos and other information from which you can be identified and which you may disclose to us or otherwise via the Websites at any time.
2. When do We collect Your data?
2.1 We collect Your Data from you when you:
2.1.1 register via the Websites or Services;
2.1.2 post an entry, message or comment on one of our Websites;
2.1.3 make a complaint or enquiry or provide other feedback whether to other users or to us through one of our Websites; or
2.1.4 choose to disclose your data to us or otherwise through one of our Websites at any other point.
3. How does Historypin use Your Data?
3.1 We use Your Data to:
3.1.1 monitor, develop and improve our Services, Websites and your experience;
3.1.2 process and administer your registration as a Historypin user;
3.1.3 contact you with queries about your content or in order to request any additional consents required to publish it in other forms pursuant to our terms and conditions;
3.1.4 process and deal with any complaints or enquiries made by or about you;
3.1.5 monitor and investigate any suspected breach of our Terms and Conditions made by or otherwise relating to you;
3.1.6 unless you have requested that we do not, to keep you updated with information by email or sms about existing and new Historypin services that we think may be of interest to you. To opt-out of receiving any such information you can make this clear on registering or by going to ‘view your profile’ on the Website at any time.
3.2 Please note that although we do not monitor or vet entries and communications placed on or sent via any Websites, we do reserve the right to randomly check, amend, edit or remove information or data on the Websites that comes to our attention and is in breach or potentially in breach of our terms and conditions or we may ask carefully selected third parties to undertake such activities for us.
4. Will Historypin pass Your Data to third parties?
4.1 Historypin may pass Your Data to other people as follows:
4.1.1 Your user name will be publicised on the relevant Websites against any entries that you post and this will be the identity by which you are known on the Websites and will therefore be available to any other users of the Websites. You may opt to show your decade of birth on your profile on relevant Websites, however your full date of birth will not be published. We therefore strongly recommend that you do not use your full name or disclose any other personal details about yourself that you do not want to be publicised and available to other viewers.
4.1.2 To our employees, agents and partners to administer the Services and Websites and the products and services provided to you by Historypin now or in the future.
4.1.3 In some cases we may use a technical partner to conduct some processing of Your Data on our behalf in providing the Services and Websites, but this is always subject to strict contractual control.
4.1.4 Some general statistical information about the Services’ user base, use patterns, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying you.
4.1.5 We may disclose Your Data to the police, regulatory bodies or legal advisers, your parents, teacher or legal guardian in connection with any alleged criminal offence or suspected breach of our Terms and Conditions by you.
4.2 Always think carefully before disclosing Your Data or other information to other Historypin users or otherwise posting Your Data on the Websites. It is important that you are aware that any of Your Data or other information which You choose to disclose on the Website may then be viewed and even used by other users. We do not control the contents of communications made between users although you can make a complaint about another user as detailed in our Terms and Conditions.
4.3 You must respect the privacy of others and you should not disclose any personal details about other people including your family, friends, acquaintances, classmates, teachers or other persons that may be misleading or cause them harm or offence. It is your responsibility to obtain their prior permission in respect of any mention of them where relevant.
4.4 Other than in the circumstances outlined in paragraph 4.1 above, we will not provide Your Data to any third party without your consent or unless we are required to do so by law.
5. Data Security
5.1 Historypin endeavours to take all reasonable steps to protect Your Data. All the Data collected by us is stored on a secure server. The secure server software encrypts all information you input before it is sent to us.
5.2 The Historypin site defaults to a secure encrypted communication channel between you and our server, which you can verify using your internet browser.
5.3 The Historypin website can optionally collect an email address (username) and password that you set specifically to create an account on the Historypin system. We encrypt the communication session between your browser and our server when we ask for your password, and we do not store your password within our system. Instead, we use a cryptographically secure hash which lets us verify your login credentials without giving us or any potential attacker access to your confidential details.
6. Cookies and Log Files
Historypin.org collects or logs cookies and information about its users and processes this information to produce usage statistics. By processing such information we are trying to identify user profiles and usage habits to improve the content and services we offer according to users needs. These aggregated data do not contain information from which individuals can be identified. They are used strictly for the following purposes:
- To monitor and to better administer traffic to the website.
- To assess and improve usability, services and content.
- To identify technical shortcomings and to troubleshoot.
- To develop personalised services.
- To develop efficient marketing tools.
We also keep an identifying cookie once you log in that identifies you to our site only. There is no personally identifiable information in this cookie that could be read by any third party site, and our cookie is set to expire after a period of inactivity. We set this to allow you to access functions associated with your Historypin membership account without requiring you to log in. We use the same mechanism to identify you across the Historypin collections site at Historypin.org, but also our organisational website at about.historypin.org and also our community forum at community.historypin.org.
7. Third party information
7.1 We may supplement the information that you provide to us with information that we receive from third parties, for example, collected from other members of your household, class or organisation.
8. Access to and Updating Your Data
8.1 You may access and update Your Data by selecting ‘My Profile’ you must make sure that you update Your Data as soon as possible with any and all relevant changes.
9. Other links
9.1 Please be aware that our Websites may link to other web sites, which may be accessed by you through our site. We are not responsible for the data policies, content or security of these linked web sites.
10. Contact Us
Historypin is a UK based Community Interest Company (reg. 05241856).
The information and facilities provided on our website (the “Website“) and other Historypin services (“Services“) are provided to you (“you/your“) by Historypin (“we/our/us“).
In summary, the Services cover: the Website, smartphone applications, data services such as the Historypin API, educational materials provided to schools and non-commercial websites and partners and social networking pages and tools.
See the end of these Terms and Conditions for our contact details.
Your use of our Services is governed by these Terms and Conditions which contain important details, including what you and we can do with content comprised in the Services; how you can limit rights to use content you choose to submit, limits on our liability and responsibility; and how to make a complaint. You must register as a “Registered User” before being able to contribute and amend material via the Services.
1. Accessing our Services
Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any or all of the Services without notice at any time. We will not be liable if for any reason our Services are unavailable at any time or for any period.
2. Reliance on Information
Commentary and other materials posted via our Services are not intended to amount to advice. We will not have any liability arising from any reliance placed on such materials by any visitor to or user of our Services, or by anyone who may be informed of any of its contents. Please check with an expert before seeking any reliance on any such content.
3. Acceptable Use
We want all users to be able to enjoy using our Services. Therefore you must not cause interference or impairment with, or damage or disruption to:
(a) the Website or other Services;
(b) any equipment or network on which our Services are stored or provided through;
(c) any software used in the provision of our Services;
(d) any equipment or network or software owned or used by any third party.
You also must not:
(i) use our Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including for the purpose of harming or attempting to harm minors in any way;
(ii) use our Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, adware, computer virus, Trojan horse, worm, keystroke logger, rootkit, time-bomb or other malicious or technologically harmful material;
(iii) attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
(iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent; nor
(v) use our Services for any purposes related to marketing without our express written consent.
We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.
4. Linking to Our Website
You may link to any page on the Website and embed your Contributed Content (which is a term we define in clause 12 below) through the Historypin embedding functionality, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other site, except through our own Embed tool. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy at clause 3.
If you wish to make any use of material on our Website other than that set out above or set out in the API Policies, please address your request to firstname.lastname@example.org.
5. Links from Our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
There is no charge for using the Services or for becoming a Registered User. We reserve the right, however, to introduce additional services and/or products which would be offered to Registered Users on a chargeable basis.
7. Registered Users use of Historypin Services
Where you are a Registered User you agree that, in using Historypin Services (in addition to the rules set out in section 3 above), you will not:
- contribute, email, transmit or otherwise disseminate any content (including, text, audio, video, photographs or other images) which is in breach of copyright, trademark, or other proprietary rights; is defamatory, obscene, 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;
- transmit personal data regarding another user or other person without their express consent, including, without limitation, their email, address or other contact details that would enable another person to identify or contact them;
- act in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- use them for any purpose other than your own non-commercial use or in accordance with the Terms and Conditions;
- 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; nor
- use any Contributed Content (other than your content that you submitted to the Services) or Our Content (each as described below) other than as set out in paragraph 12 below.
8. Age restrictions, parental consent and use by schools
Registered Users must be 16 or over, or if they are under 16, have their parent’s or guardian’s consent to use the Services.
Schools and other organisations responsible for children under the age of 16 using the Services, must either:
- do so through an account registered by a teacher or other responsible adult who accepts responsibility for all actions or inactions undertaken by users in their name. In this instance, it is the school’s or organisation’s responsibility to obtain parental or guardian consent for such children at its discretion and where the school or organisation deems it appropriate; or
- if children under the age of 16 are opening accounts in their own names, the school or organisation must ensure that the individuals comply with the obligations to obtain parent’s or guardian’s permission as set out in this clause.
If you’re under 16:
- Please get your parent’s or guardian’s permission before contributing to Historypin services.
- Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
If we discover or have reason to suspect that you are under 16 and do not have permission from a parent or guardian or teacher, we may suspend or terminate your registration.
If you are a parent, guardian or teacher with concerns regarding the safety of a child’s use of Historypin Services or would like more information about Historypin, then do contact us as set out at the end of these Terms and Conditions.
9. Password, Profile and Security
You register and sign in to Historypin via your Google email account. If you do not have a Google email account, you will need to create one before registering with Historypin.
You are responsible for maintaining the confidentiality of your Google email 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 our Services and will not be liable where your Password or User Name are used by someone else.
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.
10. Your promises to us
Where you are a Registered User you promise that:
- you are 16 or over or have permission from a parent or guardian or are using the Services as part of your school’s registration;
- 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;
- you will comply with the restrictions on your use of the Services set out in these Terms and Conditions;
- all content that you contribute via the Services is yours and/or you have all rights required to grant the licences set out in section 12 below without 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 12.
You agree to compensate us and hold us harmless from any claim made against us by a third party or damages incurred by us as a result of such claim (including any reasonable legal fees in relation to same) arising from your use of the Services or any Contributed Content or other content in relation to these Terms and Conditions including any breach or suspected breach of these Terms and Conditions.
11. Termination and Cancellation
You can terminate your registration at any time by contacting us at email@example.com.
We reserve the right to terminate or suspend your registration where:
- we have reason to believe or suspect that you are acting in breach of these Terms and Conditions; or
- otherwise, where required to do so by law, regulatory body or our licensors or whilst investigating any complaint about you or your activity via or use of the Services.
- at any time on not less than 1 day’s notice to you.
12. Contributed Content
Historypin revolves around users sharing, connecting, and collaborating around local history–from their own old snapshots and home movies, to special collections from the world’s libraries, archives and museums. In order to create the most useful, lasting, and accessible archive, we make this content available to the world in a number of ways.
Historypin allows Registered Users to contribute Text Content, Media Content and Content Metadata to our Services. Together these are referred to by us as “Contributed Content“. We set out below what each of these terms means, the basis upon which they are licensed and can be used by others and Historypin.
As stated above, you promise that all content that you contribute via the Services is yours and/or you have all rights required to grant the licences set out herein.
- What it is: Content Metadata is descriptive information about any Media Content (defined below) provided by you or other users including title, date, location, streetview location, keywords, copyright and licensing information, etc and information about the person providing it (“Content Metadata”). It includes information that enables users to identify, discover, interpret, or manage Media Content, such as the name of the author of the work, the date on which it was first created or published, or where the physical object is located.
- How it’s licensed: by sharing your Content Metadata through our Services, you agree that it will be made available to the public under the terms of the Creative Commons CC0 1.0 Universal Public Domain Dedication.
- How others can use it: Content Metadata is dedicated to the public domain and can be used by Historypin or others for any purpose without further permission being required.
- How Historypin and others can edit your Content Metadata: other users may suggest changes to your Content Metadata, but changes must be made by you or the Historypin content team. In addition, the Historypin content team may add keywords which will help other users find your Media Content. The Historypin content team may also from time to time make minor improvements to your Content Metadata such as adjusting the Street View position. Other than these minor improvements, the Historypin content team will always let you know when they have made changes to your Content Metadata – for example if we correct a location or date which looks like a mistake to us or is alerted to us by another user.
- What it is: text-based creative content including stories and comments (“Text Content“).
- How it’s licensed: by sharing your Text Content through our Services, you agree to allow us to license your Text Content under the Creative Commons Attribution-ShareAlike 3.0 Unported Licence, otherwise known as the “CC BY-SA 3.0 Licence” (Please see below for a definition).
- How others can use it: you allow Historypin, and others, to freely re-use and adapt your Text Content with proper attribution to you. If it is altered, transformed, or built upon, the resulting work may be distributed only under the same or similar licence.
- What it is: Media content in the form of photographs, video, audio files and other recorded documents (“Media Content“).
- How it’s licensed: you can choose from a range of licences to apply to your Media content (Please see below for licence options and definitions) which apply to other users’ use of your Media Content.
- How others can use it: you allow others to use your Media Content within the limits of the licence you apply to it and within our Services.
- How Historypin can use it: Historypin does not claim any ownership of Media Content you contribute to Historypin. When you contribute Media Content, you do however grant us a royalty free and non-exclusive licence to use your Media Content as set out below. This licence is separate and different from your chosen Media Content licence mentioned above, which applies to other users‘ use of your Media Content. On contributing any Media Content, you agree that we can:
- use your Media Content as part of providing the Services (which may change from time to time so you should check back from time to time to see any new services which we add – and if you decide to you can always remove your Media Content);
- use your Media Content in press releases, promotional materials and in blog and online coverage in relation to our Services (either directly or through our partners);
- amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such Media Content; and
- communicate your Media Content to the public and otherwise make it available through the Services including, without limitation, the publication of your Media Content:
- as part of downloadable PDF packs and other materials for schools and non-commercial sites;
- via Historypin social networking pages and tools; and
- at exhibitions in any form.
We will not commercially exploit your Media Content for profit or use it for any purpose unconnected with the Services without first obtaining your prior permission. To the extent that Media Content is used, we will always credit it to the contributor. We ask the users of the Historypin API to also seek this permission from you where necessary.
Media Content Licences
As mentioned above, when you contribute Media Content via or to our Services, you may choose one of the following licences to govern the use of your Media Content by other users:
- Copyright protected: You do not give others a licence to use your Media Content other than for the purposes of viewing the content via the Services. You may state your ownership of such copyright protected content on the Services. Others may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way your copyrighted content save as set out here. Users may have also have rights to use your Media Content in ways permitted under relevant copyright laws (for example fair dealing for research and private study or criticism, review and news reporting or educational activities).
- No Known Copyright: You are sharing your Media Content without providing an expressed or implied warranty to others who would like to use or reproduce your Media Content.
- Public Domain: This should be selected for all content where the Media Content is already out of copyright protection by nature of its age or has otherwise been designated as having been dedicated for public use and consumption. Other users are therefore free to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way this content for personal or commercial use.
- Government Open Licence: For use by UK government bodies.
- Attribution (CC BY): This licence lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.
- Attribution-ShareAlike (CC BY-SA): This licence lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and licence their new creations under the identical terms.
- Attribution-NoDerivs (CC BY-ND): This licence allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
- Attribution-NonCommercial (CC BY-NC): This licence lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
- Attribution-NonCommercial-ShareAlike (CC BY-NC-SA): This licence lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.
- Attribution-NonCommercial-NoDerivs (CC BY-NC-ND): This licence is the most restrictive of our six main licences, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.
Regardless of licence, you retain the right to remove at any time, any content from our Services which you have submitted. By doing so, any rights Historypin holds will no longer apply (although where such content has already been produced in physical packs, materials or posters we will not produce any more but will have the right to continue to use any existing materials already in circulation).
Although we reserve our rights to do so, we do not monitor Contributed Content and therefore, since it is not ours and we do not check or verify it, we will not be responsible or liable for the content or accuracy of any Contributed Content.
You understand that by using the Services you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
Contributed Content submitted must not be unlawful in any way. You must not submit any Contributed Content through the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Historypin operates a copyright policy in relation to any user submissions which are alleged to infringe the copyright of a third party. Details of that process and contact details for any complaint about content can be found at clause 15.
As part of Historypin’s copyright policy, Historypin can terminate user access to the Services if a user uses content in a manner which is not permitted.
We reserve the right to remove or modify any material submitted via our Services, or stored on our servers, or hosted or published upon our Website.
Restrictions on use of Historypin’s content
- Your use of our Services grants no rights to you in relation to our (or our licensors’) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text, (“Our Content”).
- 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 our Services other than for your own, non-commercial use. However 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.
- Any use of our content other than that permitted under these Terms and Conditions may only be undertaken with our prior express authorisation.
13. Limitation on our Liability
The material displayed through our Services is provided without any guarantees, conditions or warranties as to its accuracy. Whilst we endeavour to ensure that the information provided through our Services (excluding user content) is correct, we do not promise that it is complete or accurate; nor do we commit to ensuring that the Services remains available or that the material provided through the Services is kept up-to-date.Please be aware that our Services are 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 Services and do not promise that the information on Historypin will be free from errors or omissions nor that it will not contain inappropriate content. We cannot be held liable for any contents of or consequences of such material. It is your responsibility to take precautions and use common sense when using the Services and any Contributed Content or providing any information to others via the Services. Unfortunately, there may be occasions when you may find other Registered Users’ or visitors’ use of the Services or posted Contributed Content offensive, harmful or deceptive. If you have any complaints regarding another Registered User or Contributed Content, then you should use the complaints process set out in paragraph 14 below.
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.
Subject always to the above, to the fullest extent permissible by law, we don’t give any promises of any kind (whether express or implied) in relation to the Services and any items accessed by you via the Services or a third party provider including any Contributed Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected however and will still apply.
Subject always to the above, to the fullest extent permissible by law, we don’t give any promises of any kind (whether express or implied) in relation to the Services and any items accessed by you via the Services or a third party provider including any Contributed Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected however and will still apply.
Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Services, or the Website and/or these Terms and Conditions shall be limited in aggregate to £1,000.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Services and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
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.
We cannot promise that our Services 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 Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
14. Complaints and Feedback
If you believe that any content made available through our Services is in breach of these Terms (e.g. obscene content) you can report this to us by clicking on the “Report” button. We will keep your identity anonymous.
If you have any specific complaints about our Services, another Registered User, visitor to the Services or any Contributed Content or any other aspects of the Services then you can contact us at firstname.lastname@example.org. Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.
Copyright Infringement Notification Process
To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
Include a statement telling us that you have found a photo or other content on Historypin which you believe infringes your copyright (for example, “I hereby confirm that I believe the photo identified below infringes my copyright”).
- Tell us which country your copyright applies to.
- Tell us the title of the photo concerned and the full URL.
- Explain to us how the photo infringes your copyright.
- Provide your contact information so that we can get in touch with you. Please note that we will also pass this information on to the submitter of the content concerned so that person can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to act on behalf of the copyright owner) and is not otherwise permitted by law.”
- Include the following statement: “I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
The communication should be sent by email to email@example.com, or post to:
1st Floor, 71-73 St. John Street
Make sure you know whether the content that you have seen on Historypin infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access for Registered Users who are infringers.
15. Security and Privacy
16. Changes to these Terms and Conditions
We are constantly looking for new ways to improve our Services and to enhance your experience. We therefore reserve the right to amend and develop the Services and these Terms and Conditions at any time. We will post amendments to these Terms and Conditions on the Website and, other than in relation to minor changes which have no detrimental impact on you, 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 Website and you will be deemed to have accepted any such changes from that date. Please check this page regularly to ensure you are familiar with the current version of our Terms and Conditions as they are binding on you. If you do not accept any changes made in relation to the Historypin Service, then you can exercise your right of termination as set out in these Terms and Conditions or simply discontinue using the Services at any time.
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.
18. Exclusion of Third Party Rights
These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
19. Entire Agreement
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.
21. Contact Us
You may contact us by email at firstname.lastname@example.org. Only correspondence sent to this email address will be responded to by us at our discretion.
Historypin is a Community Interest Company registered in England and Wales under registration number 05241856 and our registered address is 1st Floor, 71-73 St. John Street London EC1M 4NJ. VAT number: 848406212.
Historypin offers an Application Programming Interface (“API”) as one of its services. Using this tool, a software developer can directly connect to the Historypin data service using a computer or mobile application to exchange information. Using the API, a software developer might write an application that can do anything that they would normally be able to do using the Historypin.org website: query data about Historypin Contributed Content and under certain circumstances contribute more information in return. In all cases, a user of the Historypin API is bound by the same terms and conditions as all other users of Historypin services.
We provide the Historypin API as a free service to the community, just like our other websites and applications. However, because of the possibilities for abuse that arise from the use of bulk amounts of data, we do operate separate terms for the non-commercial and commercial re-use of this data. We understand that the exact definition of “commercial” can be hard to evaluate, so we would encourage you to contact us at email@example.com if you have any concerns or questions.
Accessing the Historypin API
All Registered Users of Historypin are entitled to connect to the Historypin API. The primary endpoint for the API is at http://www.historypin.org.en/api/ and is documented at http://www.historypin.org/resources/docs/api/site/index.html . To use the API you will need an API Key and API Secret, which you can get from your User Profile page on Historypin.org. More details on how to use the API Key and API Secret are available from the API documentation.
The Historypin API is provided “as-is”, and like our other services subject to change as we continue to develop our platform. This may mean that our changes to the Historypin API will break your application.
Once the Historypin API has firm version numbers (v1, v2 etc), we will do our best to keep the signatures and responses to API calls consistent within that version, to give you more assurance that your development work will continue to work as expected.
Attribution and Clearance of Content
In all cases in which you use Historypin Contributed Data, we require that you attribute the content to the Historypin contributing user. In most cases, displaying the Historypin username with a link to the item or to the user’s profile will be sufficient.
Contributed Content is provided as-is, and has a variety of licenses attached, from the completely open to the completely restricted. We insist that you respect the copyright status of content within the Historypin.org platform, as indicated by the license selected by our users upon upload of material, which may require that in some cases you may need to perform additional clearing of rights associated with Historypin Items before you can use them. As reflected in the general Historypin Terms, the presence of a piece of user-contributed content within the Historypin environment does not represent either an endorsement from the organisation nor a blanket license to use the item regardless of its legal standing. And while much of the material within Historypin is licensed using a variant of a Creative Commons license, and thus explicitly supports re-use, you should consider carefully whether your particular application will provide access to material which the user has indicated could be restricted. If this is the case, you may need to contact the user themselves to confirm that you may use the content.
Non-Commercial Uses of Historypin Data
We are happy for you to use the Historypin API for non-commercial purposes, provided that the service you create is not substantially a copy of existing Historypin services, such as the Historypin.org website itself. We will make the determination on what services are “commercial” – in general, if you are charging money for access to your application or to content within it, we would consider your application to be commercial. Advertising-driven sites might or not be commercial. We’re happy to make a determination, so just get in touch with your idea.
Commercial Uses of Historypin Data
We permit commercial uses of Historypin Data only when you have been in contact with us and we have come to an agreement about your use of the Historypin Data. This may include the payment of a flat fee, the purchase of a support contract or a form of royalties, but of course, there are also commercial applications that we would love to support with no payment necessary. Even in cases for which no direct payment is made, we would like to establish a contract with you governing your commercial use of the Historypin API, confirming your acceptance of the Historypin Terms of Service and itemising clearly any requirements on either side.
Technical Support for the API
As a general rule we cannot provide much direct technical support for the use of the Historypin API, though we will will try to answer emails and other communications. If you would like a guaranteed level of technical support for the Historypin API, as well as access to our current technical roadmaps, we do have technical support contracts available. If you are interested in this, please contact us at firstname.lastname@example.org for details.
We’d love to hear from you with more details about how you are using the Historypin API, or any questions that you may have. Please drop us a note at email@example.com.