Thank you for helping to highlight Scotland to the world. We are delighted to share your content.
By permitting Brand Scotland to use particular content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for Brand Scotland to use your Content), you agree to be bound by these terms and conditions.
Please read and ensure you are in agreement before proceeding.
TERMS
1. In these Terms “Content” refers to the photo (and/or video, including any sound) and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your username, and links to your social media profile.
2. You grant Brand Scotland a non-exclusive, revocable, royalty-free, worldwide licence to use the Content for any lawful purpose including:
a. publishing and/or making available the material on the Brand Scotland website and digital channels
3. You represent, warrant, and undertake to Brand Scotland that:
a. You own or hold all the rights in and to the Content that are required to grant the licence set out in Section 2 of these Terms and Conditions, and to allow Brand Scotland (and/or its agents, contractors and representatives if necessary) to use, publish and/or make available the Content for the purposes set out in Section 2 of these Terms and Conditions;
b. the Content does not violate or infringe upon the rights of any third party (including, but not limited to, any rights of copyright, trademark, privacy, or other intellectual property rights), require payment of any compensation to any party, or breach any applicable laws;
c. the Content can be utilised by Brand Scotland across all social channels and on scotland.org;
d. the Content contains nothing defamatory, obscene, or otherwise unlawful, and that it does not breach any confidence or invade the privacy of any person and is not in breach of any legislation;
e. the Content does not breach, or risk being in breach of any UK law or other legal duty or obligation owed by the Operator and/or Brand Scotland;
f. the Content is true and accurate and not misleading in any respect; and you are over 18 years of age and have the right to agree to these Terms.
4. Brand Scotland’s rights to use your Content last indefinitely until cancelled by you, which you can do at any time by contacting Brand Scotland by email: sginternationalmarketing@gmail.com. After cancelation we will not reuse your content. However, please note that past posts may remain visible and Brand Scotland will retain your Content for 2 years after cancelation.
5. The rights you grant to Brand Scotland are non-exclusive and (subject to Brand Scotland’s rights) you retain all rights to use the Content for your own purposes. Brand Scotland will not pay any royalties or compensation to you or any third party for use of the Content. Use is at Brand Scotland's discretion and Brand Scotland is not obliged to use your Content in any particular way or at all.
6. You agree that you do not have any right to review, approve, or object to Brand Scotland’s use of your Content or advertising copy, or to be identified as the author/creator of the Content.
7. You will hold Brand Scotland harmless and indemnify Brand Scotland against any actions, loss and damage arising out of any claims by third parties in connection with the Content, including for breach of intellectual property, data protection, privacy, image, performance, or publicity rights
PRIVACY
1. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.
2. By agreeing to these Terms, you give your consent to the processing of such personal data by Brand Scotland for the purposes set out in these Terms and Conditions.
3. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for processing of such personal data.
4. Brand Scotland will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our privacy policy available here: Privacy | Scotland.org
5. You acknowledge that the personal data that you provide to Brand Scotland will be held and processed in accordance with the Privacy Policy.
6. You acknowledge that Brand Scotland, as a public sector body, is subject to the requirements of certain access to information legislation in the United Kingdom, including (without limitation) the Freedom of Information (Scotland) Act 2002, the Access to Environmental Information (Scotland) Regulations 2004 and the Public Sector Reform (Scotland) Act 2010 (referred to in this section 5.5.2 as the “Information Laws”).
You acknowledge that Brand Scotland may be obliged under the Information Laws to disclose information held by Brand Scotland which relates to you or the Content. For the avoidance of doubt, Brand Scotland shall be responsible for determining in its absolute discretion whether any information requires to be disclosed in accordance with the provisions of the Information Laws and shall have no liability to you in respect of such determination and/or disclosure.