Forum Conditions

These conditions (the “Forum Conditions”) set out the terms for use of the VisitScotland forum (the “Forum”).  By signing up for access to the Forum, you accept, and agree to abide by, the Forum Conditions. 

 

The Forum Conditions form part of our Terms and Conditions  of our site and apply in addition to our standard Acceptable Use Policy.  If you do not accept these Forum Conditions (and the Terms and Conditions), then you will not be permitted access the Forum.

 

The Forum includes a facility for members to send messages direct to other members (known as the “Private Message” facility), Users should be aware that these Forum Conditions apply equally to Contributions sent using the Private Message facility.

 

The Forum Conditions include detailed guidance which applies to your conduct when using the Forum and to the content of any Contributions you may post to the Forum or communicate via the Private Message facility.  This detailed guidance (the “House Rules”) may be updated at our discretion from time to time.

 

1.         YOUR ACCOUNT

 

1.1        Your user account for the Forum will require you to provide, at a minimum, a uniquely identifiable name, a personal password used for logging into your account and a personal, valid e-mail address.  Any information beyond your user name, your password, and your e-mail address submitted by you during the registration process will be expressly stated as being either mandatory or optional.  In all cases, you have the option of what information in your account is publicly displayed.  Subject to paragraph 8 below, the information you provide will be protected and used by us in accordance with our Privacy Policy.

 

1.2        It is recommended that you do not re-use the same password across a number of different websites.  Your password is the means of accessing your account at the Forum, so please guard it carefully and under no circumstance should we, anyone affiliated with the Forum or another third party legitimately ask you for your password.  Should you forget your password for your account, you can use the “lost password” feature provided in the Forum. This process will ask you to submit your user name and your e-mail, then we will generate a new password which will be sent to the e-mail address you provided at the time of registration.

 

1.3        We reserve the right to reject or require you to change any user name that you propose to use which does not comply with any of the House Rules, contains an e-mail address or other contact details and/or appears to impersonate another person.

 

1.4        If you are granted access to the Forum, an e-mail will be sent by us to the e-mail address you provided during the registration process confirming that your account has been set up and that you are able to use the Forum.

 

2.         MODERATION OF THE FORUM

 

You should be aware that the Forum is moderated by us.  We will use reasonable endeavours to check every contribution submitted to the Forum or is sent using the Private Message Facility (a “Contribution”) for compliance with the House Rules as soon as reasonably practicable after it is published or sent.  If a Contribution is submitted by you outside of Forum Working Days (being 9am to 5pm, Monday to Friday (excluding bank and public holidays)), your Contribution will not be posted to the Forum until the next Forum Working Day.

 

We will try to publish as many Contributions to the Forum as we can but we cannot guarantee that all Contributions will be published. We also cannot guarantee how quickly Contributions will be posted on the Forum as this will depend on other editorial commitments.

 

Although the Forum is moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Forum, Contributions or any other service we provide on our site, and we may stop moderating the Forum and/or Contributions at any time.  We reserve the right to remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights.  We expressly exclude our liability for any loss or damage arising from the use of the Forum by any person in contravention of these Forum Conditions.

 

3.         USE OF THE FORUM BY MINORS

 

3.1  If you are aged under 16, you will need to get the consent of your parent or guardian to use the Forum, and your parent or guardian will have to complete the registration process on your behalf.  We advise parents or guardian who permit their children to use the Forum that it is important that they communicate with their children about their safety online. Children who are using the Forum should be made aware of the potential risks to them and of their obligation to comply with these Forum Conditions when using the Forum.  Children using the Forum should never reveal any personal information about themselves (for example their telephone number, location, home address or email address) without getting their parents' or guardians' permission first.

 

3.2        We will do our best to assess any possible risks to minors from third parties when they use the Forum, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

 

4.         HOUSE RULES

 

You must comply with our House Rules (as amended by us from time to time) in relation your conduct when using the Forum and in relation to the content of every Contribution you make to the forum. The House Rules form part of these Forum Conditions.

 

The House Rules must be complied with in spirit as well as to the letter. We will determine, in our sole discretion, whether a Contribution breaches the House Rules.

 

You should be aware that failure to comply with any of the House Rules may result in your Contribution being removed, your account being suspended or cancelled and/or you facing legal action.

 

5.         COPYRIGHT

 

5.1        By submitting a Contribution to the Forum, you hereby to grant us and any other person involved in the provision of the Forum a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence.  We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

 

5.2        Please also note that, in accordance with the House Rules, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person.  By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.

 

5.3        If you are not in a position to grant such a licence to us, you cannot submit the Contribution to the Forum.

 

6.         BREACH OF THE FORUM CONDITIONS

 

6.1        When we consider that a breach of these Forum Conditions (including the House Rules) has occurred, we may at our discretion take such action as we deem appropriate.  Failure to comply with these Forum Conditions may result in our taking all or any of the following actions:

 

· immediate, temporary or permanent withdrawal of your right to use the Forum;

 

· immediate, temporary or permanent removal of any Contribution already posted on the Forum;

 

· issue of a warning to you;

 

· legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

 

· further legal action against you; and/or

 

· disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

6.2       We exclude our liability for all action we may take in response to breaches of these Forum Conditions. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

 

7.         LIABILITY

 

Access to the Forum is made available to you without responsibility on our part and no representation, warranty or undertaking, express or implied, is or will be made or given by us in relation to the functionality, performance, accuracy or completeness of the Forum and/or any data and/or information accessed via the Forum. 

 

Where the Forum or any Contribution contains any links to external websites, we are not responsible for the contents of or any changes to any such linked site.  The inclusion of any link does not imply endorsement by us of the relevant site.  We not responsible and assumes no legal liability for the accuracy of the contents or any other aspect of any external site to which a link or other reference has been provided via the Forum.

 

Neither we nor our employees or agents shall be liable for any loss, damage or expense arising out of any access to and/or use of the Forum or any site linked to it including, without limitation, (i) any direct loss, (ii) any loss of profit, (iii) any special loss, (iv) any indirect loss, (v) any incidental loss and/or (iv) any consequential loss.  Nothing in these Forum Conditions shall serve to limit our liability for death or personal injury caused by our negligence or that of our employees.

 

Furthermore, no warranty is given by us that the Forum shall be available on an uninterrupted basis, and no liability is accepted by us in respect of any losses or damages arising out of such unavailability.

 

8.         FREEDOM OF INFORMATION

 

As a Scottish Public Authority, all information held by us is subject to the Freedom of Information (Scotland) Act 2002 and the Access to Environmental Information (Scotland) Regulations 2004 (as amended) (the “FOI Laws”).  You should be aware all or any part of any information you provide to us or submit using the Forum (including the details provided by you when you sign up for the Forum and any Contributions posted or sent by you) may require to be disclosed pursuant to our obligations under the FOI Laws. 

 

9.         COMPLAINTS

 

If you wish to complain about any Contribution posted to the Forum, please contact us using the means set out in our Complaints Management Procedure.  We will then review the Contribution and decide whether it complies with our House Rules.  We will deal with any Contribution which, in our opinion, violates our House Rules and/or these Forum Conditions as described above (see section "Breach of the Forum Conditions").  We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

 

10.        CHANGES

 

We may revise the Forum Conditions at any time.  You are expected to check this page and our site from time to time to take notice of any changes we make, as they are legally binding on you.

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