TERMS AND CONDITIONS – SCOTLAND’S ROCK ART PROJECT WEBSITE
Please read these terms and conditions carefully before using this website.
These terms and conditions (the “Terms”) set out the rules for accessing, browsing and using our website www.rockart.scot (the “Website”).
More information on the additional terms for registered members or users can be found at the end of this document.
These additional terms and conditions apply to registered members or users of the Website only, but such additional terms shall form an integral part of the Terms for such registered members or users.
This Website is owned and run by Historic Environment Scotland (“HES” or “we” or “us”), an executive non-departmental public body established under the Historic Environment Scotland Act 2014 being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury, Place, Edinburgh EH9 1SH.
To contact us, please email us here or telephone us at 0131 668 8600.
By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
We recommend that you print a copy of these Terms for future reference.
These Terms refer to the following additional terms, which also apply to your use of our Website:
Our Privacy Notice, which sets out information about how we may use your personal information.
We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 20 April 2021.
We may update and change our Website from time to time for any reason, including to reflect changes to our users' needs and our business priorities.
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
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. 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 reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
In these Terms, “Content” shall refer to any text, images, video, audio or other multimedia content, software or other information or material on, or submitted to, this Website including any materials delivered by a registered member or user under the additional terms and conditions for registered members or users.
Free use is limited to personal, individual and educational use.
You acknowledge and agree that all copyright, trade marks and all other Intellectual Property Rights in all Content viewed or supplied as part of this Website shall remain at all times vested in us and/or our licensors. You are permitted to use this Content only as expressly authorised by us and/or our licensors.
You acknowledge and agree that the Content contained within this Website is made available for your personal non-commercial and educational use only and that you may download such Content onto your personal electronic devices solely for such purpose. Any other use of the Content of this Website is strictly prohibited.
We may prevent or suspend your access to this Website if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law and or if your use of the Website is found to be illegal, subject to complaint, a breach of ethics or cause any other infringement.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Content.
Content on this website may come from the HES collections and archives. As in any archive collection, some of the material is copyright protected and some is out of copyright. Some of the copyright material is not owned by HES or the Crown and we acknowledge and respect those Intellectual Property Rights. Our collections indicate clearly any limitations of use which are in addition to the general right to use.
We are the owner or the licensee of all Intellectual Property Rights in our Website and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
In these Terms, no permission is given for any commercial use, distribution or reproduction of any Content contained within this Website.
The content on our Website is provided for general information only.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date or will be free from errors or omissions.
To the fullest extent permitted by law, this Website and its Contents are provided “as is” and “as available”, without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.
We do not warrant that this Website will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected, or that this Website or the server(s) that host the Website are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for such external sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and, in particular, we are not liable (directly or indirectly) for the privacy practices or content of such external sites or resources or for the use to which others make of such sites or resources.
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.
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.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice and you agree to comply with any request to delete a link.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 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 Website will cease immediately.
These Terms are personal to you. You may not assign or otherwise transfer any of your rights under these Terms.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing this Website using your details and/or your personal information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this Website;
change the Terms from time to time, and your continued use of this Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using this Website; and/or
withdraw and/or remove or edit any materials or content (including the Content) on this Website.
Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors, or from our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Website or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, this Website; or
• use of or reliance on any content displayed on this Website.
If you are a business, please note that in particular, we will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential or special loss or damage.
If you are a consumer, please note that we only provide this Website for domestic, educational and private use. You agree not to use this Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, anticipated savings, business interruption, goodwill or reputation, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.
We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
The provision of this Website does not include provision of computer or other necessary equipment to access this Website. To access them you will need an Internet connection and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur in accessing and using this Website.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
You confirm that, in accepting the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation which is not fraudulent.
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Scottish law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.
“Community Teams” are any organisation, team or grouping of individuals registered with HES to take part in the Scotland’s Rock Art Project (ScRAP).
If you wish to contribute to Scotland’s Rock Art Project, you will need to join an existing Community Team or create a new Community Team. Further information about joining a Community Team or creating a Community Team may be found on our Getting Involved page.
Each Community Team must nominate and appoint at least one “Team Representative”, who shall be the primary contact for that Community Team.
By registering an account on this Website, you acknowledge and confirm that you are a member of a Community Team (a “Community Team Member”) and that you agree to these additional terms and conditions applicable to Community Team Members.
You acknowledge and agree that any Community Team Member of your Community Team shall be entitled to deliver or otherwise make available to HES any Team Materials that any Community Team Member of your Community Team has created either individually or in collaboration with any other member(s) of your Community Team.
The Team Materials may be delivered to HES (thereby becoming “Delivered Materials”) either by:
(a) uploading on the Website; or
(b) delivery in such manner as may be agreed by HES from time to time, including without limitation in the form of electronic files stored on a USB or other storage device or in the form of electronic files transferred using a file transfer program or in the form of physical documents.
Where any Team Materials are delivered otherwise than through the Website, delivery of such Team Materials (or any part thereof) shall take place when an authorised representative of HES confirms in writing receipt of such Team Materials to your Team Representative.
Each Team Representative is expected to enter into a Deposit Agreement with HES in order to document the delivery and assignation of the Delivered Materials of the respective Community Team.
HES will maintain a schedule of Delivered Materials for each Community Team as part of the Deposit Agreement and shall provide the respective Team Representatives with an updated schedule, upon written request, no more than once annually.
As a Community Team Member, you hereby assign to HES (including by means of present assignation of future rights):
(a) your whole right, title and interest in and to all present and future Delivered Materials of your Community Team; and
(b) your whole right, title and interest in and to all present and future Intellectual Property Rights that you have created or may create (individually or jointly or in collaboration with any other Community Team Member(s)) in any Delivered Materials of your Community Team,
in each case subject to the terms of any educational licenses relied upon in the creation of such Delivered Materials but otherwise free from any third party right, interest or encumbrance.
As a Community Team Member, you hereby:
(a) waive all moral rights arising under the Copyright, Designs and Patents Act 1988 (and any broadly equivalent rights granted anywhere else in the world) that you may have in the Delivered Materials of your Community Team;
(b) warrant and undertake that all Team Materials (including all Delivered Materials) of your Community Team shall be your own original work or the original work of other Community Team Members (individually or jointly or in collaboration);
(c) warrant and undertake that the use or publication by HES of any Delivered Materials of your Community Team shall not infringe any third party rights or give rise to any claim against HES or otherwise cause HES to incur any cost or liability to any third party;
(d) acknowledge and agree that, by giving notice to any Community Team Member of your Community Team, HES shall be entitled in its sole discretion to reject any Delivered Materials uploaded to the Website or otherwise made available to HES by any Community Team Member of your Community Team;
(e) acknowledge and agree that all decisions regarding the ongoing publication, exploitation, storage, retention, transfer or destruction of Delivered Materials of your Community Team shall be a matter for HES to determine in its sole discretion;
(f) agree that, if requested by HES, you shall promptly execute such documents and perform such acts as may reasonably be required or desired by HES to assign your Intellectual Property Rights in any Delivered Materials; and
(g) agree that, insofar as the Delivered Materials of your Community Team contain any personal data (as such term is defined in the Data Protection Legislation), (i) you have, or the relevant Community Team Member of your Community Team has, complied with the Data Protection Legislation and obtained any and all necessary consents from the data subjects; and (ii) the processing of such personal data by HES shall not breach the Data Protection Legislation or otherwise infringe the rights of the data subject(s).
HES will (without limitation) be entitled to store, use, copy, format (or re-format), publish, exploit, licence or otherwise deal with the Delivered Materials and/or the Intellectual Property Rights in such Delivered Materials (in whole or in part) for any purpose and in any manner and through any media or format whatsoever that HES in its sole discretion considers appropriate.
Notwithstanding the previous clause, HES agrees and confirms that if any Delivered Materials contain three dimensional models or images derived from three dimensional models (“3D Models and Images”), without prejudice to HES’s right to use and make such 3D Models and Images available to third parties for their personal non-commercial and educational use, HES shall not (nor shall HES authorise any third party to) sell or otherwise commercially exploit any such 3D Models and Images.
Where any Community Team Member has retained any copies of the Delivered Materials (or any part of them) of that Community Team, HES hereby grants to all Community Team Members of that Community Team a perpetual, non-exclusive licence to retain and use such copies for the purposes of personal use, for private study and non-commercial research and publication. Such licence shall not extend to use for any commercial purpose including without limitation any purpose that is intended to generate revenue or other benefit for any Community Team Member.
As a Community Team Member, you may wish to submit a contribution to HES for publication as a blog on the relevant section of the Website (a “Contribution”). For the avoidance of doubt, any such Contribution shall not form part of the Team Materials.
When you submit a Contribution to HES, you hereby:
(a) grant to HES a worldwide, irrevocable, perpetual, royalty-free, non-exclusive licence to reproduce, distribute, publish or otherwise use all or part of the Contribution, including without limitation a licence to publish the Contribution in whole or in part on the Website;
(b) warrant and undertake that the Contribution complies with HES’s content standards notified to you from time to time;
(c) warrant and undertake that the use or publication by HES of the Contribution shall not infringe any third party rights or give rise to any claim against HES or otherwise cause HES to incur any cost or liability to any third party;
(d) acknowledge and agree that HES shall be entitled in its sole discretion to reject any Contribution or to remove any Contribution from the Website after publication;
(e) agree that, insofar as the Contribution contains any personal data, (i) you have complied with the Data Protection Legislation and obtained any and all necessary consents from the data subjects; and (ii) the processing of such personal data by HES shall not breach the Data Protection Legislation or otherwise infringe the rights of the data subject(s).
In these additional terms and conditions, the following words and expressions shall have the following meanings:
“Community Teams” means any organisation, team or grouping of individuals registered with HES to take part in ScRAP.
“Community Team Member” means any member of a Community Team, whether or not such person has formally registered as a Community Team Member on the Website.
“Contribution” means any contribution by one or more Community Team Members for publication as a blog on the Website.
“Data Protection Legislation” means any law, statute, subordinate legislation, regulation, order, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements of any regulatory body which relates to the protection of individuals with regard to the processing of personal data to which a party to this agreement is subject, including the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) and any statutory modification or re-enactment thereof.
“Delivered Materials” means, in respect of each Community Team, all Team Materials which are delivered or otherwise made available to HES in electronic or physical form, in each case by any Community Team Member of that Community Team.
“Deposit Agreement” means, in respect of each Community Team, the agreement between the Team Representative of that Community Team and HES in relation to the delivery and assignation of Delivered Materials.
“Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks, design rights, rights in get-up, database rights and rights in data, utility models, domain names and all similar rights and, in each case:
(a) whether registered or not,
(b) including any applications to protect or register such rights,
(c) including all renewals and extensions of such rights or applications,
(d) whether vested, contingent or future; and
(e) wherever existing.
“ScRAP” means the Scotland’s Rock Art Project organised and administered by HES, further details of which are contained on the Website.
“Team Materials” means, in respect of each Community Team, all field survey records including all photographs, 3D models, images (including images derived from 3D models) and data created by any Community Team Member of that Community Team (individually or jointly or in collaboration with one or more other Community Team Members) in the course of their involvement and/or participation in ScRAP.
“Team Representative” means any individual Community Team Member of a Community Team, or any other legal person associated with a Community Team, nominated by that Community Team to be the primary contact for HES.
Which laws apply to these terms and where proceedings can be brought
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by the laws of Scotland. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.