Copyright, Disclaimer and Terms of Use - Information Page

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Copyright

General

ALL images / graphics and text contained in these pages are Copyrighted by Netpark Ltd or it's licensors (unless explicity stated here or with the image/text in question). Some images/text may be copyrighted by a third party; in such situations Bandanna Club has the permission of the copyright holder for usage. In some cases permission to use is stated on the third party website rather than explicitly given to us (i.e. in e-mail from the copyright holder).

Bandanna Club often sources images from free collections (such as Wikimedia Commons), whereby we rely on the information/permission being correct in the webpage; if you think that an image/text has been used in this site without proper permission from the actual copyright holder and you are the copyright holder (or their representative), please contact us straight away and we will investigate and, if confirmed, rectify the situation.

Unauthorized reproduction of any Bandanna Club content (including but not limited to: images, text, video, code), copying, republication, passing onto third parties, amendment, modification, long term storage (whether in paper or electronic form) is expressly forbidden, without prior written permission from Netpark Ltd.

Attribution

As previously mentioned Bandanna Club often sources images from free collections such as Wikimedia Commons (also from flickr and pixabay). Many of those images are released under Creative Commons licenses with requirements for attribution of the image.

In several cases it may not be practical to attach an attribution to the image in-situ (in the page where it occurs), so we have included such image attribution here:

Wikimedia Commons Images:

This is a good resource for photographs with some excellent images and clear information on licensing.

By Jonas Bergsten [Public domain].
By Arne Nordmann (Own photo) [CC-BY-SA-3.0].
By Daemon (Self-taken photo) [CC-BY-SA-2.5].
By Sigismund von Dobschütz (Own work) [CC-BY-SA-3.0].
Many thanks to the photographers who made their photos available.

Iconfinder Images:

Other images (icons) have been sourced from Iconfinder, although the licenses from this site do not always require attribution we have included them here anyway. Iconfinder.com is a good site with some very high quality icons.

Harwen Zhang. License: 'Free for personal use only'.
By Gnome Project. License: GPL.
By Gnome Project. License: GPL.
Many thanks to the designers who made their icons available.

With the exception of any public domain images, the graphics shown above (and all other third party images in this site) are copyrighted by their respective owners. You may not copy them here from this site* If you would like to use any of the shown third party images above (or third party images elsewhere in this site), please go direct to the original website (you will be able, in all cases, to click on the image itself) and download from the original website (usually in a higher resolution/larger size). This safeguards you as well, so that you can then be sure what license the images have been released under from the actual copyright holder/creator; and how you may/may not use them.

*Certain Creative Commons licenses state that images used must be redistributed only under the same license as originally stated. The Share Alike licenses are one of these. All third party sourced images/photos in this site have attribution and/or license information (except for those above) stated in tooltip text (when you hover over the image with your mouse). Where it states 'SA' in the Creative Commons license then these images are published in this site under the same license.

It is however strongly recommended that you visit the original site to download such images, unless they appear here with substantial changes you wish to use; in such cases it is recommended you visit the Creative Commons website for information regarding the proper use of redistributed 'Share Alike' images. The Share Alike images which have been changed by the Bandanna Club also need attribution when you re-use them (according to the original license); the text you use should be as stated in the title text (tooltip text), including amendment attribution to Bandanna Club. All Share Alike images will be explicitly labelled as such, if this label does NOT appear then the image may not be copied from this site.

The Bandanna Club also uses many Public Domain images, although they are not labelled as such in the page in-situ, the license information can be found when you click on the image and go to the original download site. There you can download the original image. The main reason that they are not labelled as such, is due to visitors searching for the phrase 'public domain', finding one of our pages and assuming they can use anything they wish ... rather than just the one or two images that may be public domain.

Public domain images that appear on this site, in theory can be re-used from here, however many of them have been amended or added to and as such, may no longer be in the public domain in that form. Any which have not been amended, then it would be best for you to re-use from the original site (which you would have to visit to ensure they are public domain anyway) and in the original quality/resolution/size offered there (this is highly recommended to make sure that the image is in actual fact public domain from the originator).

All other images/graphics/photos on this site are copyright protected, however if you have a request to use an image from here which does not have an explicit re-use license or third party download website (ie one of ours), then please contact us. If the use is for private, non-profit and the site in question does NOT have any racist/hate/extreme views etc then permission will be considered in return for attribution/links; depending on the image in question and intended use.

In many cases within this site the attribution of images used under Creative Commons licenses have had the requested attribution text amended slightly. The amendment has been to remove the link to the relevant license website (ie Creative Commons, GNU etc). This is due to scripts which run on this site that this information inside an image tag caused problems. As all third party images link to the original download page (including ones which do not require attribution), we felt this was a suitable compromise.

Fair Dealing?

There has been a lot of information regarding 'Fair dealing' (UK law) and 'Fair use' (US law) when it comes to using copyrighted works. How do you know if fair dealing/use applies to your usage? The problem is that there is no 'set ' list of conditions so you can say: yes I'm definately exempt. Each case is judged on an individual basis according to a general 4 point indicator and as such is often open to individual interpretation by the courts. There are various factors which could swing the judgement either way.

Also, because of the international scope of the internet, different laws may define your usage; just because you may be a US based citizen doesn't mean you can apply fair use laws to work produced by UK based artists/writers etc, as they have their own different laws that are recognized / honoured by the US. Fair use/dealing only applies in certain very succinct circumstances - such as for educational institutions to supply material to students for study purposes only and similar and even then there are limits/indications as to what can be copied and how much/often etc. Even if you operate a completely non profit operation you do not necessairly have an automatic immunity from copyright litigation.

Copyrighted images cannot therefore simply be copied and re-used etc (i.e. by using right-click) with inpugnity and the law therefore, still strongly protects the intellectual property rights of those who actually create original works. This is as it should be because, of course without such laws there would be no reason or incentive for anyone to do create anything original in the first place.

The fact is that those that correctly use the fair use/dealing laws to proceed without undue harrassment from over zealous copyright holders are never trully a problem. It is those who hide behind their idea that this law is for their convenience (mostly because they are too lazy to either source a free library of images which are in the public domain), that have no idea of the law and have not researched the implications, even if they strongly believe that they have a right to use copyrighted images without permission it is only laziness which prevents them from asking or providing proper creditation.

To be on the safe side, the best rule of thumb is always to assume you need to ask permission (unless express permission is written into the web page itself or the articles in question are definately in the public domain). In many cases if you are a non-profit web site and have no controversial content, then permission to reproduce (especially if you provide a text link and a credit line with the image) will not be terribly difficult to obtain.

Do NOT assume that because items are published on a web site that they are fair game or belong to the public domain, this is expressly NOT the case. Copyright cannot be inferred or assumed; it can only be given up if purposely and definately expressed by the original copyright holder.

In certain cases for old images, copyright may have run out (after 100 years), however it is best never to assume an item is freely available for your use. Also an important issue is the value of the item which is copied, an original work of art may certainly be more protected than say an amateur quick holiday snapshot, the value of the item is of note in determining whether you can just copy it. Logos and trademarks may have other protection.S

Hotlinking

The practise of direct linkage to an image is called hotlinking. Hotlinking raises several issues, the most obvious is that of copyright infringement (see above), but the practice of hotlinking also uses up our bandwidth and costs us money.

Hotlinking does not circumvent copyright legislation even though the original image still resides on our server(s), because hotlinkers are still publishing the image within their web page and passing on a copy to all their visitors ... none of whom will realise we are the creators of the image or visit our site. It's like stealing our image, passing it off as yours then forcing us to pay for your use without ever giving credit or doing us the courtesy of simply asking permission and adding a link and/or credit to the photo/image.

Please do NOT link directly to any graphic, video or other non web page format on our servers, unless you have express written permission from Netpark Ltd to do so.

If you wish to link to the bandanna club website pages themselves, please let us know and we can look into exchanging links/banners. The Bandanna Club retains the right to refuse to link to any website under the discretion of the Bandanna Club webmaster (such as those that advocate pornography, expouse hate views or otherwise breach UK and international law etc).

Disclaimer

The information contained in these pages is subject to change without notice and should not be construed as a commitment by Netpark Ltd, it's agents or staff. While we endeavour to ensure that these pages contain up-to-date and accurate information, the Bandanna Club and Netpark Ltd can assume no responsibility for any informational inaccuracies that may be exist within these pages.

The views expressed within these pages are those of the individual members/writers of the Bandanna Club and are not necessarily views that are shared or endorsed by Netpark Ltd, it's agents or staff.

Where links in this site lead to outside websites, the content of which is out of the control of the Bandanna Club and Netpark Ltd. Such links are provided in good faith and because they may be of interest, however linkage does not automatically indicate an endorsement of products/services provided or opinions expressed by owners of exterior websites.

Privacy and Cookies

The Bandanna Club website does NOT make use of cookies or any other form of information collection, other than as anonymous aggregate website statistics, which are used to identify site issues (such as broken links) and give general visitor trends (such as most/least visited pages).

Personal information provided by site visitors (such as e-mail addresses in blog comments) is NOT published and is NEVER passed on to third parties.

E-mail addresses provided with blog comments are only used very occasionally to confirm that blog comments left on the diaTribe blog are from whom they claim to be, prior to comment approval by the blog admins (and at the admin's discretion).

Blog comments aside, we will only use your e-mail address to contact you (at our discretion), if you have specifically requested us to do so, via our Contact page.

Terms of Use of this Website

As a visitor to the Bandanna Club you agree to view the web pages/graphics (which may be automatically inserted into a temporary cache by your browser) for your own information only. No part of this website may be disseminated for use other than your own personal information requirements. You agree that the information here is provided for general interest only and does not form any contractural obligation on the part of the Bandanna Club or Netpark Ltd to provide you with reliable up-to-date or accurate information.

Service to Phorm denied

Under the Regulation of Investigatory Powers Act 2000 (RIPA), notice is hereby given that the organisation known as Phorm, is specifically denied access to ALL content on this website, including all text and image files, streaming video/sound, downloadable documents, database content, scripts, statistics, database and other files/media types as may be applicable.

This notice of denial also applies to all known Phorm associates, subsidiaries, franchises and clients, including (but not limited to):

British Telecom Plc
Dabs.com
Talk Talk
Virgin Media
Webwise

Consent to intercept any content on this website, by any of the parties named above is explicitly denied.