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1.1 Welcome to the Infinite Scotland website (“Infinite Scotland”). Infinite Scotland is operated and owned by Creative Services Scotland (trading as Big Sky www.big-sky.co). Creative Services Scotland is registered as a company in Scotland, company number SC252122.
1.2 Any use of Infinite Scotland, and any content accessed or downloaded from Infinite Scotland (including any content posted by users), will be governed by these Terms and conditions and any other documents referred to within these terms. You should read them carefully to understand your rights and liabilities before using Infinite Scotland.
1.3 If you do not want to be bound by these terms, please do not access, use and/or contribute to Infinite Scotland or interact with any users of Infinite Scotland.
1.4 We may change these terms from time to time. Any changes will take effect seven (7) days after a notification of change of terms being posted on the website. Your continued use of Infinite Scotland after these terms have been changed will be treated as acceptance by you of the updated or amended terms. If you do not agree to the changes, you must cease using Infinite Scotland.
2. About content that you and other users provide to the Infinite Scotland website
2.1 The following applies to your use of the “Get Involved” user generated content features contained on the Infinite Scotland website:
The rules of the Infinite Scotland website
2.2 Any content which you and other users post or contribute to Infinite Scotland using its “Get Involved” feature is generally known as “user generated content” or “UGC” for short. The following provisions explain the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
2.3 We positively encourage people to make full use of Infinite Scotland, however, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the rules set out below.
2.3.1 You agree to ensure that:
- all information provided by you via Infinite Scotland is accurate, true and up to date in all respects and at all times and is not misleading in any way
- all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion
- you will use Infinite Scotland and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these terms
- you will not harass or mislead or act unlawfully towards any person that you have contacted via Infinite Scotland or disclose or use any contact information that they may provide to you without their consent
- you will not discriminate against other Infinite Scotland users on any grounds, including (but not only) race, age, gender, sexual orientation, disability or religious belief
- you are polite and respectful in all communications with other users
- you will cease to contact anyone that you have contacted via Infinite Scotland immediately if they request you to do so
- any content you upload is not in breach of any copyright and in the case of any photos and video that identify individuals, you have their full permission to make their image available through Infinite Scotland and to permit their use by others via Infinite Scotland in the way described in these terms. In the case of children, you will need to obtain such permission from their parents
2.3.2 You may not:
- distribute or post spam (in particular by sending unsolicited marketing messages to other Infinite Scotland users or any members of the public), or pyramid schemes, or chain letters
- use the Infinite Scotland website for commercial purposes or make contact with any other users of the Infinite Scotland website for any commercial purpose whatsoever including, without limitation, to promote, market, advertise or offer for sale any product or service
- distribute viruses or any other technologies that may harm Infinite Scotland or the interests of users of Infinite Scotland or otherwise interfere with or disrupt our servers
- post or transmit any advertisements for or solicitations of business
- post or transmit any material which is not relevant or connected to the topics and subject matter of Infinite Scotland, namely the nature and culture or Scotland
- after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed
- except as permitted under these terms, copy, modify, or distribute our content or trade marks from Infinite Scotland, Infinite Scotland or its users copyright material and trademarks or any content or trade marks owned by a third party (whether Infinite Scotland partners or otherwise) unless you have their explicit permission
- harvest or otherwise collect or use information about Infinite Scotland users without their explicit consent
- impersonate another Infinite Scotland user or falsely state or otherwise misrepresent your affiliation with a person or entity
- allow any other person or entity to use your login details or account for posting or viewing comments or for communicating with other Infinite Scotland users
continue to use the Infinite Scotland website if you have been suspended or your account terminated
- intentionally make false or misleading statements about any proposed activity by a user
- engage in any other conduct that restricts or inhibits any other persons from using or enjoying Infinite Scotland which, in our judgment, exposes us to any liability or detriment of any type.
2.4 Please note that any posting of information on or via the Infinite Scotland website is the opinion of the person posting only and does not necessarily reflect our opinions or attitudes. Although we believe our users have a huge wealth of information of benefit to many users, you must remember that we operate an open platform and sometimes content is posted that is misleading, deceptive, or indeed completely wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
2.5 You should only contribute UGC to Infinite Scotland if you know that you have the necessary rights to do so. You should not contribute or use UGC for any commercial purpose including without limitation for the purpose of promoting, advertising or offering for sale any goods or services.
Content you upload
2.6 By uploading or posting any content to Infinite Scotland, whether text or images, you are giving a warranty to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Infinite Scotland in accordance with these terms and permit its use via the Infinite Scotland Site, in Infinite Scotland newsletters and by any third parties we authorise and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these terms.
Who can use your UGC and how they can use it?
2.7 When you contribute UGC to Infinite Scotland:
- you are granting us and any third parties we authorise (whether Infinite Scotland partners or otherwise) unlimited, non-terminable and free permission to make all or any part of your UGC available through Infinite Scotland including via the Infinite Scotland site to other users of Infinite Scotland and through any media platforms and/or channels used by third parties we authorise (whether Infinite Scotland or otherwise), to include certain UGC in Infinite Scotland newsletters, to allow any other sites to embed Infinite Scotland activity on their sites and to allow third party sites to link to pages on the Infinite Scotland Site which contain your UGC
- you are granting to every other user of Infinite Scotland unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph below headed Your permitted use of UGC on Infinite Scotland website.
- you are granting us and any third parties we authorise (whether Infinite Scotland or otherwise) unlimited, non-terminable and free permission (including the right for us to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
Your permitted use of UGC on Infinite Scotland
2.8 You are free to:
view any UGC posted to Infinite Scotland on screen, download any such content onto your computer hard drive to view later, print, print one copy of any other page containing UGC or send it by way of a link to others
- you only make non-commercial use of it
- you do not edit the content
- you keep all copyright and proprietary notices contained within the content intact
3. Our content
3.1 All of the content on Infinite Scotland is owned by us or our licensors and is protected by UK and international copyright laws.
3.2 Our content includes any information or other material found on Infinite Scotland website. You may download any individual page of the Infinite Scotland Site onto one computer hard drive or print only one copy of such page or view any video or images provided you keep intact all and any copyright and proprietary notices and do not edit the same.. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
3.3 The trade marks, ‘Infinite Scotland’ and ‘infinite-scotland.com’ together with the Infinite Scotland logo and are owned by us or our licensors. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder’s rights.
4. Misuse of Infinite Scotland
4.1 We monitor the use of the Infinite Scotland Get Involved facilities, but if you believe you spot any abuse or inappropriate behaviour, let us know and we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Infinite Scotland please contact us at firstname.lastname@example.org
4.2 We reserve the right (but we are not obliged) to do any or all of the following:
4.2.1 record the content (including any communications) posted via Infinite Scotland or in our communication systems
4.2.3 remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fail to conform with these terms;
4.2.4 terminate a user’s access to post content
4.2.5 monitor, edit, or disclose any content
4.2.6 edit or remove any content posted on Infinite Scotland, regardless of whether such content breaches these terms;
4.2.7 suspend or terminate your access to Infinite Scotland.
4.3 If you disagree with a decision made by us, you should e-mail your appeal to info@Infinite Scotland.com. You must not use the Get Involved facilities to dispute or argue about any decision we make.
4.4 Any decision we make to remove or request the removal of any content or to terminate or suspend the account of any individual or organisation shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual or organisation whether or not opened by that individual or organisation.
5. Exchanging personal information with others
Disclosing personal information
5.1 Please be careful when using Infinite Scotland and/or its Get Involved facility that you do not reveal personal information such as your home or work contact details, your last name or where you live unless in accordance with these terms and only where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
Receiving personal information
5.2 If you receive personal information from another user you agree to respect their information and use it only for the purpose that the disclosing user expressly agrees to.
5.3 If you wish to make a complaint about any issue regarding personal information e-mail us at email@example.com.
7.1 You acknowledge that Infinite Scotland may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.
7.2 We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.
7.3 If you decide to access any of these third party websites, you do so entirely at your own risk.
8. Third-party software
8.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided on Infinite Scotland. This software will be clearly identified on our site.
8.2 In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
9. Exclusions and limitations of liability
9.2 Subject to paragraph 9.1, the warranties contained in the remainder of this paragraph 9 are in place of all warranties or conditions implied by law.
9.3 We promise that we will operate Infinite Scotland with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of Infinite Scotland or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Infinite Scotland which may result in interruptions to Infinite Scotland or the service it delivers, or any bugs or viruses in the Infinite Scotland Site, the server that makes Infinite Scotland available or the content made available through Infinite Scotland. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Infinite Scotland are free from such contaminations or other harmful properties.
9.4 The posting of items on Infinite Scotland and the uploading of photographs to Infinite Scotland by Infinite Scotland users do not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content or its compliance with any legal or regulatory requirement.
9.5 Please note that any information posted via the functionality available on Infinite Scotland is the opinion of the person posting only and, although we have rules for the posting of content, our interactive features are susceptible to misuse. As such you accept that if you do rely on the information posted, you do so at your own risk.
9.6 You will not hold us responsible for any loss you may incur as a result of us taking any of the actions described in paragraph 4 (Misuse of Infinite Scotland ) of these terms nor for other users’ or Infinite Scotland users’ actions or inactions, including breach of these terms.
9.7 Occasionally we are unable to perform our obligations under these terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
9.8 We will not be liable to you in contract, tort or otherwise for any loss of business, bargain, data, profit, goodwill, reputation, opportunity or any other indirect, economic or consequential loss in consequence of any breach of these terms.
10.1 You agree to only use Infinite Scotland in accordance with these terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of: (i) any breach by you of these terms; (ii) any breach by you of any laws; and (iii) any liability we incur as a result of your use of Infinite Scotland and/or any other service we provide by any other person using your log in details.
11. User complaints
11.1 If you have any complaints, please contact us by post at, Big Sky, Creative Services (Scotland) Ltd Drumderfit North Kessock IV1 3ZF, or email firstname.lastname@example.org and we will try to resolve them.