Terms of Use

Digital Commons Cooperative Services

Adopted by the DCC board on 28 November 2023


I. Introduction

The basics of DCC’s Services, what we’re responsible for, what we’re not responsible for, and the rules for using DCC Services.

II. Privacy

DCC’s terms covering privacy; and limitations on use by persons under 16

III. Unlawful and other unauthorised uses

Defines improper or abusive behaviour and limitations and conditions on use of personal data

IV. End users and notification

Applying these Terms to your end-users (if you have them)

V. Account cancellation or suspension

Whether voluntary or involuntary

VI. Additional terms

Feedback, severability, and lack of other relationship

VII. Disputes and jurisdiction

Legal venue, jurisdiction, and time bar

VIII. Disclaimers

Using DCC services at your own risk

IX. Limitations on liability

Limits on what you can sue DCC for and how much you can get

X. Changes to Services or Terms

What happens when these Terms change

I. Introduction

Thank you for using Digital Commons Cooperative services. These terms cover your use of services officially operated and provided by the Digital Commons Cooperative (DCC). In particular these are:

  • LandExplorer
  • Twine Volunteer and Twine Visitor
  • MykoMaps
  • digitalcommons.coop website

as updated from time to time and all of their associated websites and services, including APIs and services embedded in a third party website, along with our other services as updated and notified on this page from time to time. 

(together, the “Services”).

By using these Services, you agree to be bound by the following Terms of Use, as updated from time to time (collectively, the "Terms"'). Please read them carefully. If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

If you don’t agree to these Terms, you may not use the Services.

Please be aware of the following:

  1. DCC is a collection of open source projects: Our source code is public and open, but personal and application data is only available through the use of our Services. As an open source project we invite and encourage contributors to propose changes to the code. All changes are reviewed by DCC team members before being merged. We make every commitment to code being high quality, though we acknowledge that human errors can occur.
  2. You are responsible for your own actions: You are legally responsible for your use of our services, so for your own protection you should exercise caution and avoid using our services in any way that may result in criminal or civil liability under any applicable laws. Although we may not agree with such actions, we warn users that authorities may seek to apply other countries’ laws to you, including local laws where you live or where you view or edit content. DCC generally cannot offer any protection, guarantee, immunity or indemnification.

Data and tools available through DCC’s Services are licensed under the Open Government License, UK companies that own property in England and Wales licence, Overseas companies that own property in England and Wales licence, AGPL-3.0 licence and Open Data Commons Attribution Licence.  The Services offered through these tools are offered by DCC on the basis of our licences with these providers, and may be subject to change, withdrawal or the third parties own restrictions or limitations. You should acquaint yourself with these third party terms to ensure that you are not in breach of these third party terms

We use reasonable endeavours to provide the Services. While we hope that DCC and its supporting projects will continue for the foreseeable future, we reserve the right to suspend or end the Services either in part or entirely at any time, with or without cause, and with or without notice.

DCC owns or has the licence to use all Intellectual Property including copyright in our materials and Trademarks (whether registered or unregistered) used in the delivery of our Service, whether on our website, tools or other materials.  You have no right to copy, use, exploit, or otherwise make use of the Trademarks or Intellectual Property except as set out in these Terms or as agreed in writing with us.  

All reproductions of our data or services (including images) must contain an acknowledgement to the rights holder (for example (c) Digital Commons 2023) 

II. Privacy

By using our Services or providing us with Personal Data, you acknowledge the terms of our Privacy Policy (and if you are a Twine user, the Privacy Policy for Twine), which sets out how we collect and use your information. Certain aspects of the Services require you to have an account within our Services and to be logged into that account while you access those aspects.  You are required to provide certain identity data to open an account with us.  If you do not agree to our processing of your personal data as set out in our Privacy Policy, you will not be able to open an account or use the Services. 

Because our Services are used by people all over the world, personal information that we collect may be stored and processed in any other country in which we or our agents maintain facilities.Your information will be stored and processed in accordance with the UK GDPR. If you are using our services in another country, you consent to any such transfer of information outside your country by using our Services.

You agree to keep the contact information associated with your DCC account accurate, current and complete. Your contact information will be used in accordance with the Privacy Policy.

Use by minors

The Services are intended for users who are at least 16 years of age. By registering as a user or providing personal information on the Services, you represent that you are at least 16 years old.

All users who are under the age of 18 must have the permission of, and be directly supervised by, their parent or guardian to use the Services. 

III. Unlawful and other unauthorised uses

You are solely responsible for your compliance with all applicable laws, regulations, and third party agreements in your use of the Services.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours or exploitation except those that are specifically endorsed or approved by us.

You agree that your use and access to the Services should be reasonable and fair and you will not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services. 

You may not use the Services to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, unless this is allowed under the terms of the relevant data licence.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services or use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law or licences, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorised use of the Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.

Additional limitations on use of personal data:

Through your DCC account, you may have access to some personal data from other DCC contributors. You may not use, store, or process any personal data available through the Services for any purpose other than:

  • If you are a natural person, in the course of a purely personal or household activity
  • As necessary for compliance with a legal obligation to which you are subject;
  • As necessary for the performance of a task carried out in the public interest
  • As necessary for the purposes of the legitimate interests pursued by you or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
  • Any other purpose authorised by the UK General Data Privacy Regulation.

For the avoidance of doubt, you may not use personal data available through the Services to:

  • Attempt to re-identify any natural person
  • Attempt to stalk or harass any natural person
  • Gather or collect email addresses, real names, home addresses or phone numbers without express consent
  • Seek personal data from any minor without the express consent of their parent or legal guardian

IV. End users and notification

You will not, and will not permit your end users or other third parties to use the Services in any way that would be a violation of these Terms, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify DCC in writing if you become aware of any misappropriation or unauthorised use of the Services.

V. Account cancellation or suspension

You are free to stop using the Services any time.

We may cancel or suspend your account at any time, for reasons including but not limited to your violation of our Terms or any policy. Upon cancellation or suspension, your right to use the Services will stop immediately. Attempting to evade a cancellation or suspension (such as by creating a new account or using an alternate account) is a violation of these Terms.

You may not have access to data that you stored on the Services after we cancel or suspend your account. You are responsible for backing up data that you use with the Services.

If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content. In such circumstances, however, you may not be able to access your account or settings.

Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections I-X.

VI. Additional terms

You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations, contributions or other information you provide relating to the Services.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCC as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and DCC other than pursuant to these Terms.

VII. Disputes and jurisdiction

Highlighted for emphasis

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution by following our complaints process which can be found here. Our intention is to resolve all disputes informally and in mutually agreeable ways. 

If a dispute arises between you and DCC then you agree to first follow our complaints process.  If this fails to resolve the issue within 30 days,  then you agree to attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR.

The commencement of mediation shall not prevent the parties commencing or continuing court proceedings. 

For clarity the parties are not prohibited from applying for injunctive relief at any time.

These terms and any claim or dispute (contractual or otherwise) are governed by English law and courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

VIII. Disclaimers

Highlighted for emphasis

Your use of the Services is at your sole risk. We provide the Services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

Our services may be made available through third party links or we may provide third party hyperlinks but we are not responsible for the content, data, or actions of third parties or their websites. You acknowledge that you should familiarise yourself with any terms and conditions that third parties may impose for use of their website or services. You acknowledge that you have no claim against us, our directors, officers, employees or agents for any errors or omissions caused by a third party.  

No advice or information, whether oral or written, obtained by you from us or through or from our Services creates any warranty not expressly stated in these Terms.

Any material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

We may add, change, replace, remove, or discontinue the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current APIs and authentication methods, and that you handle responses properly.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

IX. Limitations on liability

Highlighted for emphasis

 Nothing in these terms limits any liability which cannot legally be limited or excluded, including liability for:

(a)              death or personal injury caused by negligence; and

(b)              fraud or fraudulent misrepresentation.

The terms implied by the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

DCC is not liable to Users or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, loss of third party contracts, anticipated savings, loss or corruption of software, data or information, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. 

In no event shall our liability exceed the amount paid for the services in the previous calendar year, or one thousand British pounds (GBP 1000.00) in aggregate, whichever is lower. 

In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

X. Changes to Services or Terms

We may modify these Terms and other terms related to your use of the Services (like our Privacy Policy) from time to time, by posting the changed terms on the DCC website. All changes will be effective immediately upon posting to the DCC website unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes -- your continued use of the Services after new Terms become effective constitutes your binding acceptance of the new Terms.

The text of these terms is adapted from the Open Street Map Terms of Use, which was adapted from the  Wikimedia Foundation Terms of Use and available under a Creative Commons Attribution-ShareAlike License.