Terms and Conditions

Legal

Our organisation is Beaford Arts, a charitable company (limited by guarantee). Beaford Arts is a registered charity. Registered in England and Wales number 279784.

Beaford Arts

Crown Yealm House
Pathfields Business Park
South Molton
EX36 3DW

T 01769 572573

Terms of Service

Welcome to the Hidden Histories website / beaford.org. The following is an agreement between Beaford Arts Limited (“Beaford Arts”, “us”, “our” and “we”) and any person or other legal entity, (“you”, “your” or “account holder”) who wishes to use beaford.org (the “Website”, and the service provided on this website “Service”), whether as the holder on an account on the Website (“Member”) or merely to browse the Website (Members and other users of the Website are collectively described as “Users”).

This agreement (“Agreement”) consists of these terms and conditions, and any other terms incorporated in these terms and conditions by reference, and any information that you provide to us as part of our registration processes. By using the Website in any way, including browsing the Website or completing the Member registration process, you enter into and are bound by this Agreement.

If you are under the age of 18, you should review this Agreement with your parent / guardian to ensure that you and your parent / guardian understand it.

1. In accessing information from this Website the User agrees to be bound by these Terms and Conditions of Use as set out below

2. This Website contains proprietary notices and copyright information the terms of which the User agrees to observe and follow

3. The User assumes full responsibility for the protection of his computer system including computer hardware software and stored data on his computer system included hardware software and stored data of third parties who may access or be otherwise connected to the User’s computer system. The User will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from this Website are free from viruses, worms, Trojan, horses or other items of a destructive nature

4. Beaford Arts will take reasonable steps to ensure that data transmitted electronically to Beaford Arts via the Website or otherwise and stored by Beaford Arts is not accessed by unauthorised third parties. The User accepts the risk that data transmitted electronically to Beaford Arts via this Website or otherwise may be intercepted before reaching Beaford Arts or accessed from Beaford Arts data storage by third parties not authorised by Beaford Arts and may be exploited unlawfully by such unauthorised third parties.

5. Beaford Arts makes no representations as to the security quality or property of any Website which may be accessed through this Website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such Websites or goods or services purchased therefrom. Connected Websites accessed through the Website are independent Websites over which Beaford Arts does not exercise any control whether financial, editorial or of any other kind and are not in any way endorsed by Beaford Arts.

6. Information contained in this Website may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information including queries as to its accuracy should be addressed to: archive@beaford-arts.org.uk

7. All information made available from within this Website is provided “as is” for information purposes only and without warranty of any kind either express or implied including but not limited to any warranties as to non-infringement of rights merchantability or fitness for a particular purpose.

8.1 Beaford Arts accepts no responsibility whatsoever for any data corruption interception or delay or any inaccuracies or errors that may occur and any liability in respect thereof is excluded to the full extent permitted by Law.

8.2 In no circumstances will Beaford Arts be liable to the User for any direct, indirect, consequential, special or other damage howsoever resulting from the use of this Website or any other Website connected to the Website by means of a hypertext link or otherwise. This shall be the case whether such damage is caused by transmission from this Website (or a connected Website) to the User’s computer system of viruses, worms, Trojan horses, or other destructive items corrupted data or data incompatible with the User’s computer system or of third parties’ interception of or access to data of whatever nature. “Data” includes (without limitation) personal data and credit and payment card information transmitted by the User electronically to Beaford Arts or otherwise. Such damage shall include (without limitation) lost profits, interruption to business, loss of the whole or any part of a program or programs or any data howsoever stored whether saved on a computer system or otherwise.

User Conduct

In order to register to contribute to this digital archive, you need to create an account and become a Member. To create an account, you must provide certain information to Beaford Arts, including a screen name and correct email address. The registration information you provide when requested by the Service must be true, accurate, current, and complete.

You are responsible for ensuring your Member account password is kept secure. If your Member account security has been breached, or you suspect it has been breached, you are responsible for notifying Beaford Arts immediately.

You are responsible for any activity that occurs under your Member account and screen name.

You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload, save and store on the Website and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.

You are solely responsible for your use of the Service and conduct on the Website, and for any content, including but not limited to text, designs, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Website.

You must not abuse, harass, threaten, intimidate or impersonate other Users of the Service.

You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.

You must not create or submit unwanted messages, emails or posts to any Users of the Website.

You may not collect any personally identifiable information, including account names, from the Website.

You may not use the Service to upload, transmit or link to Prohibited Content. Prohibited Content includes any material or Content that Beaford Arts believes:

is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;

comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;

contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;

violates or otherwise encroaches on the rights of others;

advocates illegal activity;

harms anyone, including minors; or

provides a link to any of the above.

Beaford Arts has the sole discretion to determine what constitutes Prohibited Content, and any Content submitted to the Service and Website may be subject to examination from time to time. Beaford Arts will not examine or otherwise review all Content submitted or transmitted to the Service, but does utilise moderators. Beaford Arts may delete, move, and edit Content for any reason, at any time, without notice. Beaford Arts in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.

You may not use or launch any automated system, including without limitation, “robots,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Beaford Arts servers in a given period of time than a human can reasonably produce in the same period.

Any non-compliance or breach of any of these User Conduct terms will entitle Beaford Arts to immediately and without notice (i) terminate any Member account, which could result in the permanent loss of any data in the account and any User Content of the Member, and (ii) block you from any further use of the Website and Service.

Content Contributed to the Website by Members

The Website allows Members to leave comments on individual archive records, as well as share their own photographs, in order to enrich our understanding of the archive collections. In this Agreement we refer to all such contributions provided by Users as “User Content”.

In order for us to make the User Content you contribute available on the Website for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.

Therefore, by contributing User Content to the Website you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so.

This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.

We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 3(b) shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 3(d). If you contribute User Content to the Website, it is your responsibility to check the Website from time to time to review how we permit User Content to be used.

You may at any time on written notice to us terminate your use of the Website and this Agreement, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the Website has been printed by Beaford Arts for public exhibition, or is used by us in marketing materials, those uses may continue until they cease. Also, if you choose to terminate, we will retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Website or this Agreement terminates for any reason, or Content is removed from the Website, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.

Beaford Arts reserves the right to remove Content from the Website at any time, without notice, for any reason, or for no reason, in its sole discretion.

You represent and warrant to Beaford Arts that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Website or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person in any photographs submitted as User Content, or the owner/author of any objects or work in such User Content, to enable inclusion and use of such User Content in the manner intended by the Service and this Agreement.

Our Intellectual Property Rights; Our License of Content to Members

Except as otherwise expressly indicated, the Website, and all text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content and the selection and arrangement thereof are the proprietary property of Beaford Arts and are protected by international copyright laws. All rights to the Content are expressly reserved, and except for licenses expressly granted in this Agreement no right to any Content on the Website is granted to you.

You have a limited right, for the term of and subject to this Agreement, to use Content provided on the Website (i) only in connection with and during your use of the Website in accordance with this Agreement, and (ii) only for the purpose for which, and in the manner in which, the Website makes such Content available and, unless the Website expressly permits other uses, only for personal, non-commercial use. This right is not exclusive or transferable, and may be terminated at any time by Beaford Arts.

Privacy Policy and Cookies

Beaford Arts is committed to preserving the privacy of all visitors to this website. Please read the following to understand how we use and protect the information that you provide to us.

By using and/or registering in this Website or contacting us by email through this Website, you consent to the collection, use and transfer of your information under the terms of this policy.

Information Collection

We are committed to gathering and processing personal data in compliance with the General Data Protection Regulations (GDPR) and the Privacy and Electronic Communications Regulations (PECR). We always collect and process data on lawful grounds to meet the genuine needs of our organisation, but we do so with the highest regard for an individual’s security and rights. If you wish to get in touch with us regarding your information, how we are complying with the General Data Protection Regulations, or to make any kind of complaint or enquiry regarding how we use and store your data, please contact us at the address in the contact section below, or call 01769 572573.

When you visit or register details on our website you may be asked to provide certain information about yourself including: your name, contact details and any other information we may request from you on our registration or contact forms. We may also collect information about your usage of our website, as well as information about you from emails or letters you send to us or information gathered during telephone conversations with you, when you use certain services and/or when you visit our web pages.

Statement of Privacy Policy

1. Beaford Arts will use all reasonable endeavours to ensure that the User’s privacy is protected. When a User creates a Member account Beaford Arts will require to know your full name and email address. The User will also need to create a username and password. This information enables the Service to create a Member account. User Content contributed by Users via a Member account may include information which is personally identifiable. This Content is intended to be used by Beaford Arts to enrich our understanding of the Archive collections.

2. Beaford Arts may ask the User to answer various general questions about themselves including any areas in which the User is interested so that information can be tailored to cover the areas which Beaford Arts believe the User might be interested in for future reference

3. Beaford Arts may also use the User’s information for the purpose of providing the User with information about any special features of Beaford Arts’s Website which is believed may be of interest to the User and for related marketing purposes. If the User would rather not receive this material please contact archive@beaford-arts.org.uk  By submitting User information the User also consents to this use.

4. If at any time the User wishes to receive information about any other areas which they currently do not receive or wishes to stop receiving any information the User may amend or remove preferences by contacting Beaford Arts archive@beaford-arts.org.uk 

5. The personal data collected by Beaford Arts will be evaluated periodically to determine whether it should continue to hold such data. The User will be notified from time to time through mailings of the continued use of personal data and be given the opportunity to notify Beaford Arts if the User does not wish data to be continually held

6. Beaford Arts does not intend to export User data outside the European Union and will only be storing the information supplied together with details of the activities the User has undertaken with Beaford Arts and mailings that have been sent

7. Whilst Beaford Arts does not sell, trade or rent the User’s personal data to others at present, it may choose to do so in the future with trustworthy and specific third parties. Beaford Arts will always e-mail the User prior to doing such a thing in order to gain the User’s specific permission to transmit data in such a way

8. Beaford Arts may provide aggregate statistics about Users, User Content, traffic patterns and related Website information to reputable third party vendors but these will not include any personally identifying information

9. In the event that Beaford Arts privacy policy changes, Beaford Arts will post such changes on this page in order that Users are always aware of the information Beaford Arts collects and how it will be used and under what circumstances it might be disclosed or released

10. You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us as we are the data controller for this information. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you. As a registered user you will be able to update certain information, or delete your account yourself free of charge.

11. Beaford Arts may monitor User traffic on an aggregate basis in order to help it develop and improve the Website for the benefit of all Users.

12. Beaford Arts may collect information about your computer, including where available your IP address, operating system and browser type. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Our Website uses cookie files to identify registered users. Cookies contain information that is transferred to your computer’s hard drive. Certain pages and actions on our Website are reserved for Users who have completed and submitted a registration form. The cookie file does not contain your registration information but is used to verify your username and password when accessing certain pages and information on our Website. You may refuse to accept cookies by activating the setting on your browser which prevents the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you use our Website.

13. The Internet is not a secure medium. Beaford Arts will use reasonable endeavours to keep User information confidential and store it on a secure server which is password protected and hidden behind a firewall from the outside world. Internal procedures cover the storage access and disclosure of User information. Beaford Arts will not sell or pass User information on to any third parties without first obtaining the User’s consent

14. Because the Internet infrastructure is global and it is not possible to predict the routes that information sent over the Internet will take, the information the User provides may be transferred temporarily via a route which takes it outside the European Economic Area as it passes between the User and Beaford Arts. By submitting your information you consent to this transfer

15. The Copyright in this Website belongs in all respects to Beaford Arts, all other intellectual property rights are reserved

16. The Website is for personal and non-commercial use only. Users may not modify, copy, distribute, transmit, display, reproduce, publish, licence, or create derivative works or sell any information detained from the Website. Users may download information or images for personal use only

17. It is acknowledged by the User that it is not technically possible for Beaford Arts to provide a completely fault free service and Beaford Arts gives no guarantees or warranties express or implied as to the quality or reliability of access to this Website

18. Beaford Arts reserves the right to suspend or cancel this Website or otherwise refuse access to it immediately and without notice for any reason including but not limited to maintenance repair or updating at any time at its absolute discretion. ‘Beaford Arts’ accepts no liability whatsoever in connection with the User’s use of this Website whether in contract tort, negligence or breach of Statutory Duty or otherwise

19. Nothing in these terms shall exclude Beaford Arts’s liability for death or personal injury arising from the negligence of Beaford Arts its employees, agents or contractors resulting from the use of this Website

18. Beaford Arts publishes the images and information on this Website in good faith but accepts no liability for the accuracy or decency thereof. Beaford Arts will use all reasonable endeavours to ensure that all intellectual property rights are respected and that the information and images are accurate and neither defamatory or offensive. Any concerns over the content of any information or images should be raised by contacting archive@beaford-arts.org.uk

19. The failure by Beaford Arts to enforce any term or condition hereof shall not be deemed as a waiver of the right to enforce such term or condition in the software

20. This Website is situated in England and all the terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the English Courts

Takedown Policy

In making the Beaford Archive collections and materials available online Beaford Arts acts in good faith. However we recognise that from time to time material made available on this Website may be in breach of copyright laws, contain sensitive and personal data, or include content that could be regarded as defamatory, offensive, or obscene. If you have any concerns that you have found content or material on our website that is in breach of privacy laws, for which you have not given permission, is offensive or in terms of copyright law is not covered by a limitation or exception, please contact us at archive@beaford-arts.org.uk

The Hidden Histories project board has a subcommittee responsible for assessing and reviewing all instances relating to this Takedown Policy and do this on a case by case basis.

About the Beaford Archive 
The James Ravilious Beaford Archive was created in the 1970s and 1980s as a record, and celebration of the way of life and culture of the North Devon. The photographs in the archive serve equally as a body of work of a skilled fine art photographer, and also as a unique historical document and archive of a place, a time, and a people.

The images available on this website have been created digitally from the original negatives and contact sheets. Original fine art prints made by James Ravilious or under his supervision also exist, as do prints made posthumously by other printers, digital scans of original prints, and other works which are not part of the Beaford Archive. Some of the latter can be viewed and purchased at www.jamesravilious.com.

This website is owned and operated by Beaford Arts. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images (“content”) and software is owned by Beaford Arts and its content providers.

Copyright

Image Licensing

All images requested and purchased through the Beaford Archive are offered on an individual licence basis – sometimes referred to as Rights Managed Licensing. The copyright of the image is always retained by Beaford Arts. The licences serve to protect the rights of Beaford Arts, the licensee and the subject matter of the images. When an image is licensed, there will be standard terms and conditions outlined with your specific usage rights. This will be sent to you by post or email once the licence has been agreed.

Usage Rights

When an image is licensed by Beaford Arts, its usage is specified on the invoice and it cannot be used for any other purpose without further agreement by Beaford Arts. The licence will state the media use, language rights and the territories for the usage.

Usage Fee

A fee is generally payable to license any rights managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. The fee is calculated by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the licence.

Cropping and Image Manipulation

Beaford Arts asserts that photographs must not be altered, cropped or manipulated in any form. This includes alteration or removal of the black line which surrounds any image.

Published Images

Beaford Arts requests two copies of any publication featuring an image reproduction upon publication.

Model Release

The photographs contained in the Beaford Archive are of a documentary nature, whereby the photographer is documenting the world around them. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by Beaford Arts in writing, no model releases or other releases exist for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Beaford Arts harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:

(a) no release was furnished by Beaford Arts in writing.
(b) the use of any Image exceeds the scope of the release provided by Beaford Arts.

The licensee will also indemnify and hold Beaford Arts harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Beaford Arts liability for all claims shall not exceed in any event the total amount invoiced per particular image. Beaford Arts makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.