"’We’ /’ Us’/ ‘Our’ " means VisitScotland. "You" means the person or entity allowed registered access to https://digitalmedia.visitscotland.com and the high quality photographs and video (“Assets”) herein.
Ownership of DML
1. This DML is owned by VisitScotland and operated in-house by the VisitScotland MultiMedia Team ( email : firstname.lastname@example.org ). All of the content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, moving images, illustrations and software is owned by VisitScotland, its licensors or its content providers.
2. All elements of the DML are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this DML, unless permitted within another agreement with VisitScotland, may be copied or retransmitted by any means.
Registration and Data
1. By registering on this DML, and agreeing to the terms and conditions, you agree to provide accurate and current information, that you have the authority to agree on behalf of your organisation and that you will keep all information up to date. You accept all responsibility for all activity under your registration and account.
2. Any information that you supply will be kept on a database for purposes as registered under the Data Protection Act 1998.
Use of the DML
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 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, any further exploitation of any Asset shall constitute an infringement of copyright.
1. This DML 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 DML are warranted to be without error or always available.
2. VisitScotland uses all reasonable efforts to ensure that all the DML contents are as accurate, correct and reliable as possible but we make no representations and give no warranties as to the contents' accuracy, correctness and reliability.
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 the DML outside the scope of these Terms and Conditions or any other breach of them.
2. 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 DML and those handling any Assets obtained from this DML. 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.
"Asset" means any digital item (Image, Footage clip or Design file) which may be offered for the purposes of reproduction or publication.
Supply of Assets
1. By registering and using a login and password to access and download Assets from this DML You are entering into a binding agreement between You and Us. If You are a freelance researcher working on behalf of a publisher this agreement applies to You and your principal. 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 using your username and password will be deemed acceptance of these terms and conditions.
2. All Assets and information provided in this DML are the property and copyright of VisitScotland or our suppliers. The moral rights of VisitScotland and all authors of the works represented in this DML have been asserted. You must credit VisitScotland and the author if specified by us when an asset is used. If you fail to credit the assets a licence fee will be payable.
3. You may NOT use watermarked Assets in any final products for distribution in printed or electronic format either inside or outside your company 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 DML.
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 DML 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 DML 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 DML 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 suppliers against any legal action or other costs which may result from such unauthorised use.
Use of Assets
6. 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 commercial or non-tourism related purpose.
7. In the event that you utilise any Asset in a commercial or non-tourism related 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 VisitScotland.
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.
8. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction of the Assets 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.
9. 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: email@example.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.
10. 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, forbidding the assignment, resale, rental and lending of the Assets and ensuring that credit is given to us and the author.
11. The total number of Assets that may be downloaded in one month will be determined by the download quota assigned to the user account, unless otherwise agreed in writing by VisitScotland.
12. Assets shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
13. You must provide Us on reproduction or publication with at least one complimentary copy or link to any publication in which the reproduction of any Asset appears.
14. For any editorial uses, you may not reproduce any Assets from this site for any negative tourism related articles. This is at our discretion and in this event, we reserve the right to revoke your user registration or charge a licence fee as determined by VisitScotland.
15. 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 this Agreement.
Digital Use of Assets
16. You acknowledge that Assets are VisitScotland’s valuable property, as are any digital images created from the Assets ("Digital Assets ").
17. 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:
18. 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.
19. Assets are available in various file sizes. However VisitScotland cannot guarantee that an Asset will be available in a size required for your usage. Non standard sizes may be supplied on request for a fee.
20. 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.
Use of Marketing Media, Images & Footage supplied by You to VisitScotland
21. 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 DML, or otherwise for marketing Scottish tourism, howsoever, you agree to the terms and conditions as set out in the following ‘Permission’ documents obtainable from the VisitScotland MultiMedia Team (email: firstname.lastname@example.org ), 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
22. 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 in our print publications, or for storage in this DML, or otherwise for marketing Scottish tourism, howsoever, you agree to the terms and conditions as set out in the following Digital Media Agreements, obtainable from the VisitScotland MultiMedia Team (email: email@example.com), which you will be expected to sign, accordingly:
i Assignation of Intellectual Property Rights
ii Waiver of Moral Rights.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.