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Terms of use overview


 Assets may only be used for promoting Scotland as a place to live, work, study, visit and invest in. (refer to Use of SCIN Toolkit 1. a. b. c.)

 You must NOT use assets past the expiry date (refer supply of assets 20.)

 You must adhere to any stipulations or restrictions which are detailed with an asset (refer to Supply of Assets 5.)

 Assets shall not be altered or manipulated, added to, unless as specified in the Scotland is Now brand guidelines (refer to Supply of Assets 1.2)

Terms of use

ATTENTION:

Before using this Scotland is Now Toolkit (“SCIN Toolkit”), please read all the terms and conditions carefully. By accessing and using this SCIN Toolkit You are bound by the terms and conditions and if You do not agree to or accept all of these, You must not use this SCIN Toolkit. These terms and conditions apply to Your access to and use of the SCIN Toolkit and Your attention is also drawn to VisitScotland website and mobile application terms and conditions (“Terms of Use”), which govern the overall use of any of Our website(s) and or app(s). These terms and conditions must also be read together with Our Privacy Policy.


SCOTLAND IS NOW TOOLKIT: TERMS AND CONDITIONS

In these Terms and Conditions including the Asset User Agreement incorporated herein;

"‘We’ /‘Us’/ ‘Our’" means VisitScotland. 

"You" means the person or entity allowed registered access to this SCIN Toolkit and the employer or principal of any such person.

“this SCIN Toolkit” means the digital media library available through http://assets.scotlandisnow.com, and the Assets therein.

“Assets” means the photographs, artwork, images, still footage, moving footage, film, audio visual,video digital items (image, footage clip or design file) and any other media items available to be accessed through this SCIN Toolkit (and includes any digital images created from Assets).

“Scotland is Now” means the collaborative project between Us, Scottish Government, Scottish Enterprise, Scottish Development International and Universities Scotland for the purpose of promoting Scotland as a place to live, work, study, visit and invest in.


Ownership of SCIN Toolkit

  1. This SCIN Toolkit is owned by VisitScotland and operated in-house by the VisitScotland MultiMedia Team (email: multimedia@visitscotland.com). All of the Assets and content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, logos, music, video, layout, source code, moving images, illustrations, software and Assets is owned by VisitScotland, its licensors or its content providers.
  2. All elements of the SCIN Toolkit are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this SCIN Toolkit, unless permitted within another written agreement with VisitScotland, may be copied, modified, adapted, reproduced, stored, distributed, printed, displayed, performed, published, communicated or retransmitted by any means. 

Registration and Data

  1. By registering on this SCIN Toolkit, and agreeing to these Terms and Conditions, You agree to provide accurate and current information (which We may use to verify Your identity when You use this SCIN Toolkit), that You have the authority to agree these Terms and Conditions on behalf of Your organisation and that You will keep all registration and account information up to date. You accept all responsibility for all activity under Your registration and account. You must keep Your password confidential and not disclose it to any third party. You agree to indemnify Us against any claims arising out of Your failure to keep Your password and account details confidential. 
  2. Any personal data that You supply will be kept on a database for the purpose of allowing us to verify Your identity when You use this SCIN Toolkit in accordance with any law, statute, directive, regulation or other binding restriction which relates to the protection of individuals with regards to the processing of personal data, including the Data Protection Act 1998 (up to and including 24 May 2018), and Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection) (“GDPR”) (on and from 25 May 2018).

Use of the SCIN Toolkit

  1. You may only use Assets once You have completed a full registration and agreed to the related terms of use. You shall be permitted to use the Assets for the following purposes only: (a) non-commercial tourism related use and/or for the purposes of promoting Scotland as a visitor destination; and/or (b) non-commercial activity only (a ‘commercial activity’ means where payment is (or is agreed to be) received or paid for the marketing activity, and/or media space, and/or advertising space, and/or publication (as a whole) in which the Asset appears. Use of the Assets is provided for non-commercial activity only); and/or (c) for the purpose of promoting Scotland as a place to live, work, study, visit or invest in. Any other use of the Assets, or content of this SCIN Toolkit, is strictly forbidden.
  2. You must satisfy Yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any Asset 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 Asset and You will indemnify Us in respect of any claims, damages, costs or expenses We incur arising from the use of any Assets supplied to You.
  3. We reserve the right to terminate Your registration (a) if You die; (b) if You enter into a voluntary or compulsory liquidation; (c) if You have a receiver appointed; (d) if You fail to perform any of Your obligations under these Terms and Conditions within 28 days of Our giving You notice to comply; or (e) with immediate effect at our sole discretion without liability to You. In the event of termination you are no longer allowed to access this SCIN Toolkit and any further use of and/or exploitation of any Asset shall constitute an infringement of copyright.
  4. You must not use this SCIN Toolkit for any purpose which is unlawful or which will cause damage to the operation of the SCIN Toolkit by way of a virus, corrupted file or by any other means.
  5. You must not sell, exchange, trade or auction Your SCIN Toolkit account.

Disclaimer

  1. This SCIN Toolkit and its contents are provided 'as is' and VisitScotland excludes to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. No functions within this SCIN Toolkit are warranted to be without error or always available.
  2. VisitScotland uses reasonable efforts to ensure that the SCIN Toolkit Assets are as accurate, correct and reliable as possible but We make no representations and give no warranties as to the Assets' accuracy, correctness and reliability.
  3. You acknowledge that if you rely on this SCIN Toolkit or any Assets or other material available through this SCIN Toolkit, You do so at your own risk.

Miscellaneous

  1. You agree to defend, indemnify and hold VisitScotland, its subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to Your use of this SCIN Toolkit and/or the Assets outside the scope of these Terms and Conditions or arising out of any other breach of these Terms and Conditions.
  2. To the maximum extent permitted by law, We will not, under any circumstances, be liable (whether for breach of contract, delict (including negligence) or otherwise) for any damages or losses (howsoever caused), which You may directly or indirectly suffer in connection with (a) any use of, or inability to use, this SCIN Toolkit or any material available on or through this SCIN Toolkit; or (b) any action or decision taken as a result of accessing or using this SCIN Toolkit, or any material available on or through this SCIN Toolkit.
  3. If the limitation of liability in paragraph (2) above is held to be invalid in whole or in part, then Our maximum aggregate liability to You for all damages, losses, costs, and expenses (other than for any damages, costs and expenses that cannot be limited at law) will not exceed one pound sterling (£1.00).
  4. As a Scottish Public Authority, all information held by Us is subject to the requirements of certain access to information legislation, including the Freedom of Information (Scotland) Act 2002, the Access to Environmental Information (Scotland) Regulations 2004 and the Public Services Reform (Scotland) Act 2010 (the “Information Laws”). You acknowledge that We may be obliged under the Information Laws to disclose information relating to all or any part of any Assets and/or any information, media, images and footage You provide to Us or submit using this SCIN Toolkit (including the details provided by You when You sign up to this SCIN Toolkit and any Assets submitted by You). You acknowledge that We will be responsible for determining in Our absolute discretion whether any information requires to be disclosed in accordance with the provisions of the Information Laws, and that nothing in these Terms and Conditions shall prevent Us from disclosing (and We shall not have any liability to You in connection with the disclosure of) any information pursuant to the Information Laws.
  5. These Terms and Conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement where it will be non-exclusive.

Asset User Agreement

These terms and conditions apply to all users of this SCIN Toolkit and those handling any Assets obtained from this SCIN Toolkit. These terms supersede any terms and conditions of purchase You may have. NO VARIATION OF THESE TERMS OR CONDITIONS SHALL BE EFFECTIVE UNLESS AGREED IN WRITING.


    Supply of Assets
  1. By registering and using a login and password to access and download Assets from this SCIN Toolkit You are entering into a binding agreement between You and Us. If You are an employee working on behalf of a Scotland is Now partner or an employee or agent working on behalf of an organisation, this agreement applies to You and/or Your employer or principal and you must have appropriate authority to enter into this agreement on your employer’s or principal’s behalf. If You do not wish to be bound by this agreement please e-mail Us to that effect within 24 hours and We shall delete Your username and password so that You cannot access the database. Downloading of any material and/or Assets using Your username and password will be deemed acceptance of these Terms and Conditions.
  2. All Assets and information provided in this SCIN Toolkit are the property and copyright of VisitScotland or its licensors or its content providers. The moral rights of VisitScotland and all authors of the works represented in this SCIN Toolkit have been asserted. You must credit VisitScotland and/or the author if specified by us when an Asset is used. If You fail to credit VisitScotland and/or the author a licence fee will be payable in respect of the relevant Asset.
  3. You may NOT use watermarked Assets in any final products for distribution in printed or electronic format either inside or outside Your company or organisation without prior written permission from Us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any Asset supplied by Us or downloaded from this SCIN Toolkit.
  4. If You wish to benefit from the use of lightboxes and download unwatermarked Assets for layout and/or reproduction or publication purposes You must provide accurate information during Our registration process. Your registration is personal to You and You are responsible for protecting the confidentiality of Your Login and Password details. You may not allow others to use Your login and password to access this SCIN Toolkit and You agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any infringement arising from downloads of material from this SCIN Toolkit by third parties using Your login details with or without Your permission. Upon completion of Our registration process You may use copies of the Assets in this SCIN Toolkit subject to these Terms and Conditions.
  5. You must adhere to any stipulations or restrictions which are detailed in preview captions or may be attached to downloaded Assets (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case the use of the Assets for a non-Editorial purpose (e.g. advertising) is not permitted and by accepting Our terms You undertake to indemnify Us and Our licensors and content providers against any legal action or other costs which may result from such unauthorised use.
  6. Use of Assets
  7. The reproduction by whatever means of the whole or any part of any Asset (including, without limitation, projection, artist's reference, artist's illustration, layout or presentation of Assets) is strictly forbidden for any purpose that is not expressly allowed by these Terms and Conditions.
  8. In the event that You utilise any Asset in any way that is not allowed by these Terms and Conditions, We reserve the right to seek damages through legal channels unless You agree to reimburse Us, as liquidated damages, a sum equal to five (5) times the market value price charged under normal stock photography rates as determined by Us. If You fail to make the payment as outlined above, within five (5) days of Us invoicing such fee, this liquidated damage provision shall be void and We reserve the right to sue for copyright infringement, including legal fees and all associated costs.
  9. [NOT USED]
  10. Reproduction rights unless otherwise agreed in writing are: a) subject to these Terms and Conditions and any other terms and conditions set out in the delivery of the Assets, e.g. Permission for use of marketing media supplied by VisitScotland – obtainable from the VisitScotland MultiMedia Team (email: multimedia@visitscotland.com), b) non-exclusive reproduction or publication rights for up to 36 months only. You must provide accurate usage information when requested. Further usage beyond 36 months will require You to repeat the order process. Failure to do so will incur a licence fee as determined by Us. c) personal to You and not assignable by You to any third party.
  11. If We agree that You may license the use of any Assets to any third party, You shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Assets to personal use only and allowing use of the Assets only as allowed by these Terms and Conditions and forbidding the assignment, resale, rental and lending of the Assets and ensuring that credit is given to Us and the author.
  12. [NOT USED]
  13. Assets shall not be altered or manipulated, added to, or have any part deleted without Our prior written consent, unless as specified in the Scotland is Now brand guidelines available through the following URL: https://assets.scotlandisnow.com/pages/getting-involved.
  14. You must provide Us on reproduction or publication with at least one complimentary copy or link to any publication in which the reproduction or publication of any Asset appears.
  15. For any editorial uses, You may not reproduce any Assets from this site for any negative tourism related articles and/or commercial articles. This is at Our discretion and in this event, We reserve the right charge a licence fee as determined by Us and/or to revoke Your user registration.
  16. If any Asset featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, You must accompany each such use with a conspicuous statement that indicates that the person is a model and the Asset is being used for illustrative purposes only. These requirements are without prejudice to Your obligations regarding use of the Assets contained elsewhere throughout these Terms and Conditions.
  17. Digital Use of Assets
  18. You acknowledge that Assets are Our valuable property, as are any digital images created from the Assets ("Digital Assets").
  19. You may not create, store or transmit Digital Assets without Our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by Us. If permission is granted the following conditions apply.
  20. Each Digital Asset created by You shall not be renamed and must be recorded and labelled with the Asset reference number used by Us and Our copyright credit information as an integral part of the Asset file, and held on an electronic database under Your sole possession and control.
  21. Assets are available in various file sizes. However VisitScotland cannot guarantee that an Asset will be available in a size required for Your usage. 
  22. You agree to destroy all Digital Assets including any pre-press or pre-production copies of the Assets and any copies or records of the images held on a database on completion of the maximum usage period of 36 months.
  23. Use of Marketing Media, Images & Footage supplied by You to VisitScotland
  24. To allow Us to use media, images and footage supplied by You on any of Our websites or in Our print publications, or for storage in this SCIN Toolkit, or otherwise for marketing Scottish tourism and/or non-commercial purposes and/or Scotland is Now, You agree to the terms and conditions as set out in the following ‘Permission’ documents obtainable from the VisitScotland MultiMedia Team (email: multimedia@visitscotland.com), which You will be expected to sign, accordingly: i. Permission for use of marketing media supplied to VisitScotland. ii. Permission to use images and footage
  25. You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the relevant material to this SCIN Toolkit and to allow its use as an Asset by users of this SCIN Toolkit in accordance with these Terms and Conditions.
  26. By uploading, submitting, creating, modifying or transmitting any material to this SCIN Toolkit, You (a) grant Us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable licence to publicly display, communicate to the public, and make the material available (by all means now known or hereafter developed) to other users of this SCIN Toolkit and other users of Our services in such manner as We may permit from time to time; and (b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your material, or for the granting of the rights set out above. 
  27. You are solely responsible for the material that you make available through this SCIN Toolkit. You represent and warrant that any material you make available (a) does not infringe any copyright, privacy right, or any other right of any third party; and (b) does not contain any matter which is defamatory, offensive, unlawful or that may damage Our reputation.
  28. You agree to fully indemnify Us from any and all third party claims, liability, damages and costs arising from Your actions or the material that You make available.
  29. We have no obligation to You to make this SCIN Toolkit or any material or Assets available. We may, in Our absolute discretion, remove any material or Assets at any time. We may at any time edit, refuse to display, or remove any part of this SCIN Toolkit (including your material) as We deem appropriate.
  30. If VisitScotland engages and commissions You to create, edit and produce image(s) and/or video(s) (the “Production”) for use on any of Our websites, or in Our print publications, or for storage in this SCIN Toolkit, or otherwise for marketing Scottish tourism and/or non-commercial purposes and/or Scotland is Now, You agree to the terms and conditions as set out in the following Digital Media Agreements, obtainable from the VisitScotland MultiMedia Team (email: multimedia@visitscotland.com), which You will be expected to sign, accordingly: i Assignation of Intellectual Property Rights ii Waiver of Moral Rights.
  31. Miscellaneous
  32. While We take reasonable care in the performance of this agreement, We shall not be liable for any loss or damage suffered by You or by any third party arising from use or reproduction or publication of any Assets or its caption.
  33. Any registration will terminate immediately if You (a) die; (b) enter into a voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of Your obligations under these Terms and Conditions within 28 days of Our giving You notice to comply. In the event of termination, all rights granted will immediately revert to Us and any further exploitation of any Assets shall constitute an infringement of copyright.
  34. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from Your use of any Assets shall vest in Us and You hereby assign all such rights to Us.
  35. Our failure to exercise or enforce any of Our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
  36. Should any disagreement arise between Us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers' Liaison Committee.
  37. As a Scottish Public Authority, all information held by Us is subject to the requirements of certain access to information legislation, including the Freedom of Information (Scotland) Act 2002, the Access to Environmental Information (Scotland) Regulations 2004 and the Public Services Reform (Scotland) Act 2010 (the “Information Laws”). You acknowledge that We may be obliged under the Information Laws to disclose information relating to all or any part of any Assets and/or any information, media, images and footage You provide to Us or submit using this SCIN Toolkit (including the details provided by You when You sign up to this SCIN Toolkit and any Assets submitted by You). You acknowledge that We will be responsible for determining in Our absolute discretion whether any information requires to be disclosed in accordance with the provisions of the Information Laws, and that nothing in these Terms and Conditions shall prevent Us from disclosing (and We shall not have any liability to You in connection with the disclosure of) any information pursuant to the Information Laws.
  38. These Terms and Conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement of copyright or non-payment of Our invoices where it will be non-exclusive.

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