Terms and Conditions

 

Please read these terms and conditions carefully before using this website. They represent the terms and conditions (the "Terms") for accessing, browsing and using this website, whether as a guest user or as a registered member or user.

This website is owned and run by Historic Environment Scotland (“HES”), 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. Telephone: 0131 668 8600.

Our VAT number is GB 221 868015.

Agreement

In using this website you are agreeing to, and are bound by, these Terms. You are permitted to use this website solely on the basis of these Terms and we recommend that you print a copy of these Terms for future reference. Please note however that we reserve the right, at our discretion, to update and/or revise these Terms. Please therefore check this website periodically for changes as they are binding on you.

These Terms do not affect your statutory rights.

Definitions

In these Terms the following words and expressions shall have the following meanings:

Community Team means any organisation, team or grouping of individuals registered with HES to take part in the Scotland’s Rock Art Project (ScRAP);

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on this website including any Delivered Materials;

Cookie policy means the policy, which governs how we use cookies in this website;

Delivered Materials means all Team Materials uploaded to this website by any member of the relevant Community Team;

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:

  1. whether registered or not,
  2. including any applications to protect or register such rights,
  3. including all renewals and extensions of such rights or applications,
  4. whether vested, contingent or future; and
  5. wherever existing.

Privacy policy means the policy, which governs how we process any personal data collected from you;

ScRAP means the Scottish Rock Art Project organised and administered by Historic Environment Scotland further details of which are contained on this website; and

Team Materials means all field survey records including all 3D models, images (including images derived from 3D models) and data created by any member or members of a Community Team in the course of their involvement and or participation in ScRAP.

Right to Use this website

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 material 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 material 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.

Your use of this website means that you must also comply with our Privacy policy and our Cookie policy as well as these Terms.

Intellectual Property Rights

The Content featured on this website is subject to HES Copyright, Crown Copyright and other Intellectual Property Rights held by HES and Individual Contributors as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website.

No reliance on information

While we will use reasonable endeavours to verify the accuracy of any information we place on this website, the Content on this website is provided for general information only. HES does not guarantee that the Content on this 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 material, products and services (or to third party information, products and services), is 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 or represent that the functions contained in the material available on 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 servers that make them available are free of viruses or bugs or represent the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this website.

We may update this website from time to time, and may change the Content at any time. However, please note that any of the Content on this website may be out of date at any given time, and we are under no obligation to update it.

No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Commercial Use, Distribution or Reproduction

No permission is given for any commercial use, distribution or reproduction of any Content contained within this website in these Terms.

User & Contributor Accounts

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.

Contributor Accounts

You may only register on this website as a contributor to ScRAP if you are a member of a Community Team. If you register on this website you acknowledge and agree that with effect from your registration as a member of the relevant Community Team:

  1. any member of that Community Team shall be entitled to upload to this website or otherwise make available to HES any Team Materials that you have created either on your own or in collaboration with any other member(s) of that Community Team;
  1. the whole right, title and interest in and to all present and future Intellectual Property Rights you may create in any Delivered Materials are assigned to HES (including  by means of present assignation of future rights) in each case, free from any third party right, interest or encumbrance;
  1. you 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;
  1. you warrant and undertake that all Team Materials (including all Delivered Materials) shall be your own original work or the original work of other members of the Community Team;
  1. you warrant and undertake that the use or publication by HES of any Delivered Materials shall not infringe any third party rights or give rise to any claim against HES or otherwise cause it to incur any cost or liability to any third party;
  1. you acknowledge and agree that HES shall, on notice to any member of the relevant Community Team, be entitled at HES sole discretion, to reject any Delivered Materials uploaded to this website Furthermore all decisions regarding the ongoing storage, retention, transfer or destruction of Delivered Materials shall be a matter for HES to determine at its sole discretion;
  1. 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;
  1. where you or other members of your Community Team have retained any copies of the Delivered Materials (or any part of them), HES hereby grants you and members of your Community Team a perpetual, non-exclusive licence to retain and use such copies for the purposes of your 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 you or other members of your Community Team; and
  1. without prejudice to HES's rights in relation to Delivered Materials, you acknowledge that, Team Materials that are not, at any time, uploaded to this website (and as such are not and do not become Delivered Materials) may be made available by members of any Community Team to HES and other members of ScRAP for education and research purposes (including publication in academic journals). HES shall not be responsible for retaining any copies of such Team Materials in its own storage systems whether during or after the conclusion of ScRAP provided that HES shall be entitled (but not obliged) to retain copies of such Team Materials for the duration of ScRAP and thereafter any such copies shall be permanently removed from HES storage systems.

3D Models and images

HES agrees and confirms that if any Delivered Materials uploaded to this website by you or on your behalf contain 3D models or images derived from 3D 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 it authorise any third party to sell or otherwise commercially exploit any such 3D Models and Images.

User Risk

Users accept that use of the website is at your own risk and that while HES will make every effort to ensure an acceptable environment and that materials are legally uploaded, it is not possible to provide guarantees about comments or materials loaded onto the site. The website will take prompt action to remove such material on notification.

Compliance with Laws

This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding this website and any transactions conducted on or through this website.

Third party Links

To provide increased value to users of this website, we may provide links to other websites or resources for you to access at your sole discretion. We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Linking to our site

You may link to our home page and relevant content records, 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 this website in any website that is not owned by you.

This website must not be framed on any other site, nor may you create a link that represents HES content as being part of your or any other website.

We reserve the right to withdraw linking permission and you agree to comply with any request to delete a link.

Viruses

We do not guarantee that this website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access this website. You should use your own virus protection software.

You must not misuse this website 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 this website, the servers on which this website is stored or any server, computer or database connected to this website. You must not attack this 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 this website will cease immediately.

Assignation

These Terms are personal to you. You may not assign or otherwise transfer any of your rights under these Terms.

Indemnity

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.

Our rights

We reserve the right to:

Limitation of Liability

Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, 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:

If you are a business user, please note that in particular, we will not be liable for:

If you are a consumer user, 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.

Circumstances beyond our control

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.

If a court finds part of these Terms illegal, the rest will continue in force.

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.

Delays in enforcing these Terms

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.

Entire agreement

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.

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.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Scotland. We both agree to the exclusive jurisdiction of the Scottish courts.