Website Terms and Conditions
This page, together with the
Privacy Policy, the Acceptable Use Policy and any other documents
referred or linked to in this page, (together, the 'Terms and
Conditions') sets out the terms and conditions on which you may
make use of our website www.visitscotland.org ('our
site').
Please read these
Terms and Conditions carefully before you start to use
our site. By using our site, you indicate that you accept
these Terms and Conditions and that you agree to abide by
them. If you do not agree to these Terms of Use, you must
refrain from using our site.
1. Information about us
Our site is operated by
VisitScotland ('we'/ 'us'/ 'our'”). We are a body established
under the Development of Tourism Act 1969 and have our principal
office at Ocean Point 1, Edinburgh, EH6 6JH.
2. Accessing our site
2.1 Access to our site is permitted on a
temporary basis, and we reserve the right to withdraw or amend the
service we provide on our site without notice. We will not be
liable if for any reason our site is unavailable at any time or for
any period.
2.2 From time to time, we may restrict
access to some parts of our site, or our entire site, to users who
have registered with us.
2.3 If you choose, or you are provided
with, a user identification code, password or any other piece of
information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any
third party. We have the right to disable any user identification
code or password, whether chosen by you or allocated by us, at any
time, if in our opinion you have failed to comply with any of the
provisions of these terms of use.
2.4 When using our site, you must comply
with the provisions of our Acceptable
Use Policy
2.5 You are responsible for making all
arrangements necessary for you to have access to our site.
2.6 You are also responsible for
ensuring that all persons who access our site through your internet
connection are aware of these terms, and that they comply with
them.
3. Intellectual property rights
3.1 Unless otherwise stated and subject
to Condition 3.2, we are the owner or the licensee of all
intellectual property rights in our site, and in the material
published on it. Those works are protected by copyright laws and
treaties around the world. All such rights are reserved.
3.2 Pursuant to Condition 9.2, site
users who upload material and content have represented and
warranted to VisitScotland:
(a) that they own all rights in the material
being uploaded or otherwise have the right to submit the material
to the website;
(b) that the material does not violate or
infringe upon the rights of any third party (including, any rights
of copyright, trademark, or privacy); and
(c) that they agree to defend, indemnify and
hold harmless VisitScotland from and against any and all losses,
and all claims by third parties, resulting from their breach of any
of the foregoing representations or warranties. VisitScotland
relies on these representations and warranties and do not accept
responsibility to the extent they are inaccurate and user generated
content breaches any third party rights.
3.3 You may:
(a) view and display the contents of our site
using your internet browser;
(b) download extracts of the contents of our
site to your computer solely for your own personal use and not for
any commercial or business purposes whatsoever. You must
ensure that if you download any extracts, you also download these
Terms and Conditions; and
(c) print off a single copy of a page or
extract of our solely for your own personal use and not for any
commercial or business purposes whatsoever. You must ensure that
any printed materials include an acknowledgement of our
intellectual property rights in that content.
3.4 You must not modify the paper or
digital copies of any materials you have printed off or downloaded
in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any
accompanying text.
3.5 Our status (and that of any
identified contributors and other third parties) as the authors of
material on our site must always be acknowledged.
3.6 You must not use any part of the
content / materials on our site for commercial purposes without
obtaining a licence to do so from us or our licensors.
3.7 If you print off, copy or download
any part of our site in breach of these terms of use, your right to
use our site will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.
3.8 The reproduction by whatever means
of the whole or any part of any content / materials is
strictly forbidden for any commercial or non-tourism related
purpose.
3.9 In the event that you utilise any
content / materials in a commercial or non-tourism related way that
is not allowed by these terms and conditions, we reserve the right
to seek damages through legal channels.
3.10 You must satisfy yourself that the
use of any content / materials is not obscene, indecent, libellous
or unlawful. We make no claim or warranty with regard to your use
of content, names, text, people, trademarks or copyright material
depicted in any content or material.
3.11 The names and logos identifying our
site and/or us and our products and services and the products and
services of any third parties are either:
(a) proprietary marks of VisitScotland or:
(b) marks that VisitScotland is licensed to
use, (unless otherwise stated and subject to Condition 3.2).
3.12 Nothing in these Terms and
Conditions shall confer on you any licence or ownership of such
marks or of any other intellectual property right.
4. Reliance on information
Commentary and other materials posted or
featured on our site are not intended to amount to advice on which
reliance should be placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials
by any visitor to our site, or by anyone who may be informed of any
of its contents.
5. Our site changes regularly
We aim to update our site regularly, and may
change the content at any time. If the need arises, we may suspend
access to our site, or close it indefinitely. Any of the material
on our site may be out of date at any given time, and we are under
no obligation to update such material.
6. Our liability
6.1 The material displayed on our site
is provided without any guarantees, conditions or warranties as to
its accuracy. To the extent permitted by law, we and third parties
connected to us hereby expressly exclude:
- all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law
of equity;
- any liability for any direct, indirect or
consequential loss or damage incurred by any user in connection
with our site or in connection with the use, inability to use, or
results of the use of our site, any websites linked to it and any
materials posted on it, including, without limitation any liability
for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and/or
- for any other loss or damage of any kind,
however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable.
6.2 You agree to defend, indemnify and
hold us harmless, our subsidiaries, affiliates, officers,
directors, employees and agents from and against all damages,
liabilities, claims, damages, costs or expenses (including
reasonable legal fees and costs) we incur arising from any use of
any content / materials supplied to you.
6.3 Paragraphs 6.1 and 6.2 do not affect
our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other
liability which cannot be excluded or limited under applicable
law.
7. Information about you and your visits to our site
We process information about
you in accordance with our Privacy
Policy. By using our site, you consent to such processing
and you warrant that all data provided by you is accurate.
8. Transactions concluded through our site
Contracts for the supply of goods, service
and/or information concluded through our site or as a result of
visits made by you are governed by the relevant terms and
conditions of supply that you are required to agree to prior to
completing the relevant purchase.
9. Uploading material to our site
9.1 Whenever you make
use of a feature that allows you to upload material to our site, or
to make contact with other users of our site, you must comply with
the content standards set out in our Acceptable
Use Policy and (if you sign up for access to the VisitScotland
Forum) the Forum
Conditions. You warrant that any such
contribution does comply with those standards, and you indemnify us
for any breach of that warranty.
9.2 You represent and warrant to
VisitScotland that:
(a) you own all rights in the material being
uploaded or otherwise have the right to submit the material to the
website;
(b) that the material does not violate or
infringe upon the rights of any third party (including, any rights
of copyright, trademark, or privacy); and
(c) you hereby agree to defend, indemnify and
hold harmless VisitScotland from and against any and all losses,
and all claims by third parties, resulting from your breach of any
of the foregoing representations or warranties.
VisitScotland rely on these representations
and warranties and do not accept responsibility to the extent they
are inaccurate and user generated content breaches any third party
rights.
9.3 Any material you upload to our site will
be considered non-confidential and non-proprietary, and we have the
right to use, copy, distribute and disclose to third parties any
such material for any purpose. We also have the right to disclose
your identity to any third party who is claiming that any material
posted or uploaded by you to our site constitutes a violation of
their intellectual property rights, or of their right to
privacy.
9.4 We will not be responsible, or
liable to any third party, for the content or accuracy of any
materials posted by you or any other user of our site.
9.5 We have the right
to remove any material or posting you make on our site if, in our
opinion, such material does not comply with the content standards
set out in our Acceptable Use Policy.
10. Viruses, hacking and other offences
10.1 You must not misuse our site by
knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must
not attempt to gain unauthorised access to our site, the server on
which our site is stored or any server, computer or database
connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of service
attack.
10.2 By breaching this provision, you
would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach,
your right to use our site will cease immediately.
10.3 We will not be
liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our
site or to your downloading of any material posted on it, or on any
website linked to it.
11. Linking to our site
11.1 You may link to our home page,
provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none
exists.
11.2 You must not establish a link from
any website that is not owned by you.
11.3 Our site must not be framed on any
other site, nor may you create a link to any part of our site other
than the home page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking
must comply in all respects with the content standards set out in
our Acceptable
Use Policy.
11.4 If you wish to make any use of
material on our site other than that set out above, please address
your request to visitscotland@visitscotland.com.
12. Links from our site
Where our site contains links to other sites
and resources provided by third parties, these links are provided
for your information only. We have no control over the contents of
those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
13.1 The Scottish courts will have
non-exclusive jurisdiction over any claim arising from, or related
to, a visit to our site although we retain the right to bring
proceedings against you for breach of these conditions in your
country of residence or any other relevant country.
13.2 These terms of use and any dispute
or claim arising out of or in connection with them or their subject
matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the laws of
Scotland.
14. Termination
We reserve the right to refuse access to our
site to any user at our sole discretion.
15. Severance
If any provision of the Terms and
Conditions is judged to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of the provisions of the
Terms shall continue in full force and effect.
16. Variations
We may revise these terms of use at any time
by amending this page. You are expected to check this page from
time to time to take notice of any changes we made, as they are
binding on you. Some of the provisions contained in these terms of
use may also be superseded by provisions or notices published
elsewhere on our site.
17. Your concerns
If you have any concerns
about material which appears on our site, please contact
visitscotland@visitscotland.com
Thank you for visiting our site.