Terms & conditions

The success or failure of this website will be determined by the number of images of (principally) British Army soldiers that are uploaded over time.

This website (www.britisharmyancestors.co.uk) is owned by Paul Nixon and so when I refer to “I” or “my” in these terms and conditions, I mean, Paul Nixon. By using this website you are making an agreement with me, Paul Nixon.

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 my conditions for you using the britisharmyancestors.co.uk website. By using this website you agree to be bound by these Terms and Conditions. If you do not agree with my Terms and Conditions you must not use the website.

These Terms & Conditions and any other document I refer to in these Terms and Conditions make up the whole agreement between you and Paul Nixon.

What you can use the service for

You can use the service for your own personal or, where you are a professional genealogist, professional use. This means you can use this service to search records and view thumbnails of images that have been uploaded by others. If you register, you will also be able to add photographs, add information and notes to photographs, download and print photographs (although any sharing of content must be on a personal, non-commercial basis), and subject to permissions, make contact with other users of the website.

All use must be for your own personal, non-commercial or, where you are a professional genealogist, professional use, e.g., to research your own family history or as a professional genealogist to perform research for you or others. This is subject to my right to cancel your account, as set out below.

Access to the data and services

You can search the data on this website which is made freely available. You can also click on the links on returned search results to view service records and medal index cards on external websites although note that charges to view these records may be levied by the websites in question.

In order to upload photographs, view information about photographs that others have posted, or download any image larger than a thumbnail image you will need to register and be signed in. A contract exists between you and Paul Nixon once I have sent you a confirmation email after receiving your registration details.

Registering

You have to register with my website and be signed-in in order to upload photographs, view information about photographs that others have posted, or download any image larger than a thumbnail image. You must be aged 12 years or over to register on the website. I reserve the right to ask you to provide me with a copy of identification which will verify your age. 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 website

The principle purpose of this website is to build, over time, an online repository of photographs of (principally) British Army personnel, although data is also available for, for instance, British Red Cross Society personnel and others. This website gives you the opportunity to add photographs of these British Army soldiers and service personnel whose names appear on this website. All the people whose details appear on this website are no longer living. Nevertheless, you must not:

1.publish anything that violates the rights of any third party;
2.publish something that you do not own the rights in (including copyright) (or do not have permission from the rights’ owner to publish). This includes, for example, medal index card images and pages from service or pension records. Once published on the website, I cannot control how other people may use that content; therefore it is important that you have permission to publish from the rights’ holder;
3.include anything I consider offensive, inappropriate or defamatory (at my discretion);
4.break the law, for example by saying something libellous, or by posting something which results in a criminal offence;
5.share the personal information of living people without their permission. You are responsible for managing content you create, including using privacy settings I make available; You may publish names and dates of birth of living people where this data comes from a legally permitted, publicly available source.
6.impersonate another person;
7.mine, collect or use any information from this website with the intent to harm, discredit, harass or prejudice any other person; or
8.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 I use content uploaded by site users

You retain the copyright in any content that you create or publish on the website. However, by publishing it you give me, Paul Nixon, a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use – including editing, adapting or modifying – your content on this website. You agree not to object to my usage of the material that you create or publish on the website and acknowledge that I may not accredit you as having produced the material. Here are some examples of how I may use content you generate:-

Make it available to other website users
Make it available on other websites owned or operated by me, and those that I am or may be in partnership with
Allow other users to download, print and save copies of your content for their private and non-commercial use
Use it for promotional purposes such as marketing and advertising
Help me improve my product and service offerings, including undertaking background searches
Make it available to internet search engines
Use it within other services I develop

I would never use material on this site in an inappropriate or offensive manner. I would not use your personal information (for example, your name) in connection with any content that you create; I will always seek your advance permission.

Content you create is available on the internet

Except for your private conversations with other registered users and your registration information, the content that you make available on the website can be viewed by other users of British Army Ancestors, users of websites with whom I have a partnership, and by internet search engines all as further outlined in the “How I use content created by users” and “Respecting your intellectual property rights” sections. If you do not want this to happen, please do not publish the content. I shall not be liable for any loss of information (including photographs) under any circumstances including for example, should I ever have to close the website. It is your responsibility to back-up your information elsewhere.

Monitoring content created by users

I do not routinely monitor content published by users and take no responsibility for things that you publish, so please think before you post. Nevertheless, if I become aware that content you post is offensive, illegal or is not in line with these Terms & Conditions, I will remove all of your posted content and block your account and IP address. Similarly, please contact me if you become aware of site abuse by another user. I reserve the right to remove content that users create, at my 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, principally Findmypast and The National Archives and it is planned that more records will be added over time. Indexes are the intellectual property rights of the organisations and individuals concerned, and the website functionality and features are my copyright. 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 my permission (and/or that of the owner of the copyright/database rights in the work) in writing. You may however use screenshots of my website for blog postings, articles and presentations for informational and educational purposes. If you are a professional genealogist (as defined above) you may also use the records or features in preparing unpublished reports for clients. The website and services provided belong to Paul Nixon, and again, you must not copy or use them without written permission. Contact me if you would like me to build you a website like this. You only have a limited license to access the website and to use the content for personal or professional family history research (including unpublished reports for clients if you are a professional genealogist). In no circumstances, must my services (including records) be used for commercial purposes.

Respecting intellectual property rights (including copyright)

On this website, you are able to publish photographs and related text. 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 I store on servers submitted by others. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of Paul Nixon.

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.

Changes to the website or records

I reserve the right to make changes to the website, including the records and services I offer, without notice.

Service level

I aim to offer a website which is fast, accurate and performs well. However, it may not always work as expected. If the website does experience issues, I am not responsible for any losses you might suffer.

Accuracy of records and other information provided

I cannot confirm or give warranties about the accuracy or completeness of the records or other information on the website. I simply provide access to it. I am aware that there is some duplication of data on the website and there are certainly names which are missing. I am not responsible for content on other sites that this site may link to. I cannot promise anything in relation to the content and services on the British Army Ancestors website, apart from what is set out in the Terms and Conditions.

Force Majeure

Sometimes things happen that may disrupt your service which I have no reasonable control over. Examples are fires, floods, strikes, earthquakes, landslides, war and other unanticipated events or natural disasters. I am not liable for any losses caused to you by such unanticipated events.

When I cancel your account

I reserve the right to cancel your account in certain circumstances. This may include posting inappropriate content. Please don’t defame the memory of the men and women whose names appear on this site by posting inappropriate content.

Limitation of Liability

Except where prohibited by law, in no event will I be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if I have been advised of the possibility of such damages. If notwithstanding the other provisions of these Terms and Conditions, I am 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, my 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 me.

Assignment

These Terms & Conditions and Privacy Policy are personal to you, and you are not allowed to transfer your rights under this agreement to anyone else.

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.

Changes to these Terms and Conditions

Any changes I make to this agreement must be made in writing and posted under these Terms and Conditions in order to have any effect. If these changes are material changes (as opposed to minor typographical, stylistic changes or those that will not affect the service provided to you) and you are not happy with these changes, please let me know.