Terms & Conditions and Privacy Policy

*PLEASE NOTE: WE ARE CURRENTLY REVIEWING PROJECT DIRECTION AND PARTICIPATION AS WE MOVE FROM THE PILOT TO THE MAIN PHASE OF PROJECT DEVELOPMENT. THE FOLLOWING WILL CONSEQUENTLY BE AMENDED, AND REPLACED ACCORDINGLY. THANK YOU FOR YOUR PATIENCE*

NB: The Terms and Conditions are liable to be updated: please refer to this page before contacting the project. This page provides the latest version, and supersedes previous versions. 02/08/12

PDFs for download will soon be made available, and will be found at the bottom of this page.

Participant / Contributor Obligations

Anyone who participates within or contributes to the Living in the Past Community Archaeology Project (hereafter known as ‘LIP’ and / or the ‘project’, and / or the ‘LIP project’) will hereafter be referred to as a ‘participant / contributor’, and / or ‘participants / contributors’; this includes anyone who is considering or intending to participate / contribute to LIP, or is a prospective participant / contributor and / or participants / contributors.

In uploading material to this site, or otherwise participating within or contributing to LIP, participants / contributors accept the Terms and Conditions outlined below. Participants / contributors are bound by these Terms and Conditions, which take effect from the moment of participation / contribution.

LIP reserves the right to change the Terms and Conditions at any time, by posting changes online. It is the responsibility of participants / contributors to refer to and comply with these terms on accessing this website, or by taking part in any other aspect of the LIP project. The continued use of the service after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms and Conditions are not accepted in full, participants / contributors do not have permission to participate / contribute within / to the project, and should immediately cease in doing so. If there is any conflict between these Terms and Conditions and and / or specific terms of use appearing within and throughout the project relating to specific content and / or functionality then the latter shall prevail.

Terms of Participation / Contribution

The use of this site, and other participation within / contribution to LIP, is only for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, this site, or other LIP activities, by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site, or otherwise through LIP.

Any resource may be rejected by LIP at the absolute discretion of the Project Director or other acknowledged LIP representative. All decisions are final and LIP will not enter into any discussions or correspondence about why material has been rejected. There is no appeal process. Rejected materials that have been amended may be resubmitted but, as above, they may be rejected at the absolute discretion of the LIP Project Director or other acknowledged LIP representative.

LIP may, in appropriate circumstances, and at the sole discretion of the Project Director or other acknowledged LIP representative, remove certain content or disable access to content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property rights of others, is defamatory etc., or for any other reason LIP decides. In relation to all content that is posted onto the website by (which corresponds to participants / contributors  Generated Content and, therefore, are uploaded under a Creative Commons License), authors hereby consent to LIP editing such content in any way it deems fit for whatever reason. In all other respects the Creative Commons license remains unaltered.

Household and Garden participation

Household and Garden participants / contributors should:

  1. a) Legitimately occupy (or own, or otherwise have access to) housing built before c. 1945 (guidelines on dating your house are coming soon)

Or: b) Legitimately occupy (or own, or otherwise have access to) modern housing, built over housing that dated to before c. 1945 (guidelines on dating your household plot are coming soon)

  1. If a visit to the subject household by (a) Team Member(s)  might be anticipated (i.e. so that they may support the household in undertaking building investigations), the household should be situated within the catchment area. Households outside this area will only be visited by (a) Team Member(s) in exceptional cases – as determined by the Project Director (see also section below: Obligations of Team Members)
  2. Be aged 16 years or over, or have an express consent of parent or guardian, to participate or contribute; it is preferable that participants under this age, or vulnerable adults, participate as part of a household, community, or other legitimate group. By taking part in, or contributing towards the project, you represent and warrant that you are aged at least 16 years and that you have the capacity to understand, agree to and comply with these Terms, or that you have an express consent of a parent or guardian who has such capacity. 

If it is discovered, or if representatives of the project have any reason to suspect, that participants / contributors do not fulfil these criteria, then the right is reserved to suspend participation / contribution, and to remove uploaded material, immediately and without notice

Participants / contributor generated content

Participants / contributor generated content includes all creative content uploaded onto LIP websites / online pages / storage; and other donated material used by LIP for research and educational purposes; this includes but is not limited to: images, surveys, audio, video, transcripts, reviews, comments, data posting and all other material.

The Project Director reserves the right not to display or disseminate material that is submitted to the project; and / or to request that material is modified; or to reasonably modify such material, in order to enable more fitting or appropriate dissemination.

Appropriate Content

Only appropriate content may be shared through the project; offensive, defamatory, or otherwise illegal material not be permitted on any of the media associated with the project. For further information see

http://www.internetrights.org.uk/factsheets.shtml?cmd%5B512%5D=i-512-6f36a31f3e6ae887cc96da954d4e19fc&x=53237.

Images, videos, and audio

Participants / contributors should ensure that any photos, video, or audio recordings that they share through the project do not contain personal and sensitive information. Householders may feel more comfortable to remove or obscure such information as house names or numbers, street names, car registration plate details, for example; in the case of participants requiring such action, but their being unable to do so, please notify the Project Director when submitting photos, and this will be arranged.

Unless participants / contributors have good grounds (which are at the discretion of the Project Director) for incorporating people within photographs, such action is discouraged; in particular, it is at the discretion of parents and guardians, in conjunction with the discretion of the Project Director, whether and how children may appear within photographs. See the section above on appropriate content, above.

Indemnity

By providing information and details to the project, participants / contributors confirm that this is accurate, true and up to date in all respects and at all times.

In addition, participants / contributors agree to indemnify LIP from any claim or damages (including any legal fees in relation to the same) made by a third party in respect of any matter in relation to or arising from their participation / contribution, arising from any breach or suspected breach of these Terms and Conditions by participants / contributors, or their violation of any law or the rights of any third party.

Privacy and Data Protection

Content must abide by the Data Protection Act of 1998, and the project will respect DPA legislation. Information (including but not only text, images, audio or video) relating to living people may only be submitted with the permission of the subject concerned, or of their legal representative.

Any private information and / or data (other than excluding Historical content / information / and / and data) relating to participants / contributors that  they are asked to supply or supply voluntarily as part of the participation / contribution process, e.g. information provided to LIP in arranging building or garden surveys, will only be used by our volunteers, agents and advisors, as part of the process of administering participation / contribution, and when making decisions whether any material participants / contributors seek to upload onto the site, or otherwise share with LIP and those interested in the project, should be accepted or rejected. In addition, LIP may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of these Terms and Conditions by you or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express

Copyright and intellectual property

The copyright to any information or data submitted to the the project must be owned by the participant, or they must have permission to share this information.

All participant / contributor Generated Content will be uploaded onto the site under a Creative Commons License. Participants / contributors agree to be bound by the terms of each license. Most contributions will be given an ‘Attribution-NonCommercial (CC BY-NC)’ License, although other licenses may be used on request. Articles and data submitted to the project will be allocated a License, and (unless otherwise requested) the authorship or donor will be clearly acknowledged. 

All content uploaded by participant / contributor remains at all times the property of the corresponding participants / contributors within the bounds of the adopted Creative Commons Licence, and with the exception of material for which the copyright has been transferred to relevant archives. LIP displays this content on its website with the express permission of the corresponding participants / contributors. By uploading such content to LIP website, the participants / contributors grant express non-exclusive non-transferable permission to LIP to use and display this content.

All users of LIP website may use the content presented on the site for non-commercial purposes only. Before using any content for commercial purposes, an explicit permission must be obtained from the corresponding  participants / contributors. When in doubt whether an activity constitutes a commercial use, it is the responsibility of the user to obtain the permission to use the content form the corresponding  participants / contributors, via LIP.

In accessing LIP, site users, participants, and contributors  agree that that they do so only for their own personal, non-commercial use. Unless otherwise stated, they may not distribute, transmit, broadcast, commercially exploit or modify in any way the site’s material or content or permit or assist any third party to do the same, within the bounds of the adopted Creative Commons Licence.

Household visits: requirements 

In order to ensure a comfortable environment, it is preferable for two householders, and two Team Members, to be present during household investigations and surveys; however, it is acknowledged that this may not always be possible. Children must at all times be accompanied by a responsible adult; it is advised that vulnerable adults are also accompanied by a carer or other familiar adult.

Pets or other animals that are likely to worry or endanger Team Members must be controlled during investigations. It is also requested that any potential obstructions that might impede survey are removed prior to a visit.

LIP Team Member Obligations

All investigations by LIP team members are at the discretion of the Project Director, and demonstration of interest by or as a potential participant of LIP does not guarantee participation, or support from a team member.
Limitation of Liability / Disclaimer

LIP and the information, names, images, pictures, logos and icons relating to www.livinginthepast.org.uk and www.kjarrett.com/livinginthepast, LIP, and / or any associated third party, is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and other materials included within this website and any associated aspects of the project may contain inaccuracies and typographical errors. LIP does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the service (including, without limitation, the information provided through the use of any software). Website / project users, readers, participants / contributors acknowledge that any reliance on any such statement or information shall be at your sole risk. LIP reserves the right, in its sole discretion, to correct any errors or omissions in any part of the project and to make changes to the project and to the materials / data described, presented, and displayed through the LIP project at any time without notice. In no event will LIP and / or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the LIP project. These exclusions do not apply to death or personal injury caused by LIP’s negligence and only apply to the extent permitted by law.

LIP does not warrant that the functions contained in this service will be uninterrupted or error free or that defects will be corrected or that the LIP project or website that make it available are free of viruses or bugs. LIP does not represent the full functionality, accuracy or reliability of any material. LIP may terminate, change, suspend or discontinue any aspect of the service, including the availability of any features of the website(s) or project, at any time without notice or liability.

Statement of Indemnity 

All opinions and statements that are disseminated through the project (verbally or written), and are published through this website, ancillary media, or project events or tasks which arise from works undertaken by LIP representatives, are offered in good faith and professional standards are adopted wherever possible within the scope of the project and its resources.

Decisions or actions relating to households and subjects studied through the project should not be taken on the basis of evidence, statements, or opinions obtained through this project. No responsibility can be accepted by the author(s), team member, or participants for any errors of opinion or fact resulting from information and data supplied by any third party, or for loss or other consequence arising from made upon the basis of facts or opinions expressed through the project, however such facts and opinions may have been derived.

All who participate in the project do so at their own risk; participants will act with due care and attention to their own safety, and to that of others involved within the project.

Privacy and Data Protection

In the cases of public participation and contribution, personal data and information will be considered as private unless otherwise stated, and will not be shared without prior permission (unless there is a legal obligation to do otherwise). In cases where permission has been given, full acknowledgement of contributors will be provided, where practically possible.

Oral history material (recordings, transcripts, and extracts from such) falls outside Data Protection regulations; permission from the contributor is required before this material can be archived or shared. Once permission has been given to share material within the public domain, it will be possible to revoke permission. Once archived, it will be possible to request closure of material from public access (for up to 25 years).

Due to statutory rights and legal obligations, LIP cannot guarantee anonymity or privacy regarding data or information received by or published through the project.

Copyright and Intellectual Property

The names, images and logos identifying LIP and all associated sites, material, or third parties and their products and services are proprietary marks of LIP, its associated sites and material and / or third parties.

All copyright, trade marks and other intellectual property rights in this site, and all material or content supplied as part of the site, shall remain at all times the property of LIP, within the bounds of the adopted Creative Commons Licence, and with the exception of material for which the copyright has been transferred to relevant archives.

After Oral History material (recordings, transcripts, and extracts from such) have been collected, the contributor will be requested to sign copyright for this material to the archive, so that it may form part of local (or in some cases, national) history records, and may be used for future research.

Third Party Sites

LIP is not responsible for the availability or content of any third party websites or material accessed through this site. If users decide to visit any linked site, they do so at their own risk and it is their responsibility to take all protective measures to guard against viruses or other destructive elements. LIP does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). LIP is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

With the exception of any LIP functionality provided specifically to enable Users to embed their own content within external systems and social networks, links to the LIP service must be direct to any complete content page (and not any part of a page) within LIP and must not be viewed within the pages of any other site. Any other linking or display of LIP content on or within the context of any third party web sites requires explicitly written permission from LIP. LIP disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.

Links do not imply that LIP endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of LIP or any of its affiliates or subsidiaries.

Volunteer obligations

Both CTMs and RTMs will not be considered as ’employees’ or as contractual volunteers, i.e. will work from their own homes (and at various data collection locations), be responsible for their own conditions and timetable, using their own equipment. As a voluntary project with no employees, there is only a limited (and mutual) civil duty of care between volunteers (a category within which the Project Director and other team members fall). Risk assessments  will be undertaken and provided (as part of the guideline for participation and contribution), and participants will be asked to consider their own risks, to limit the possibility of accident, damage, or loss (and consequently liability for compensation during project participation). Information relating to good working practices is also provided for volunteers, to encourage the adoption of safe and healthy procedures by participants and contributors, and to enhance the enjoyment and other benefits of involvement with the project. At present, it is not possible to reimburse volunteer expenses.

Household visits 

Core team members (i.e. those responsible for carrying out surveys and training public and community participants) – ‘CTMs’ – will only be ‘recruited’ on provision of professional references (e.g. from a college or university department, institution, employee, GP, etc.). At this point in time, it will be necessary for team members to arrange and self-fund a CRB check (if without institutional affiliation, through an umbrella agency) – see also the Criminal Records Bureau website, and Directgov’s Applying for a criminal record check; and to obtain Public Liability Insurance (the costs of which they are again liable for). Team members who have not undergone verification by the Project Director will not be given access to households or sensitive data. (Participants may otherwise volunteer as ‘Remote’ team members – ‘RTMs’ – to undertake a range of tasks to further project development, mostly recording and investigating data within the public domain.)

Jurisdiction and Law 

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Disputes arising from here shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action with respect to use of this site must be commenced within one (1) year after the claim or cause of action arises.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

LIP makes no representation that materials within any of the pages connected from the url http://www.livinginthepast.org.uk/ or http://www.kjarrett.com/livinginthepast are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If this is site accessed  from a location outside of the United Kingdom, those who access this site are responsible for compliance with all local laws.

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