Terms

Agreement

In using this Website you are agreeing to, and are bound by, the Terms. If you do not agree to these Terms, then do not use our Website. You are permitted to use our Website solely on the basis of these Terms and those other terms and conditions listed on our Website. We recommend that you print a copy of these Terms for future reference. These Terms do not affect your statutory rights.

We reserve the right, at our discretion, to update and/or revise these Terms. Please check periodically for changes as they are binding on you.

Right to use jacobitetrail.co.uk

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 or supplied as part of the 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 material and content contained within the Website is made available for your personal non-commercial and educational use only and that any other use of the material and content of the Website is strictly prohibited.

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 material and content.

Many of the materials on the Website come from the Promoters’ Collections. As in any archive collection, some of the material is copyright and some is out of copyright.  Some of the copyright material is not owned by the Promoters 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.

Intellectual Property Rights

The images, information and data featured on this Website are subject to the Promoters’ Copyright, Crown Copyright and other Intellectual Property Rights held by the Promoters 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 the Website, the content on the Website is provided for general information only. The Promoters do not guarantee that the content on our Website is accurate, complete or up-to-date or will be free from errors or omissions.   To the fullest extent permitted by law, the 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 the Website or the servers that make it 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 the Website.

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our 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 in these terms.

Should any use be found to be illegal, subject to complaint, a breach of ethics or cause any other infringement, the Promoters reserve the right to suspend or ban any User at any time.

User Risk

Users accept that use of the Website is at the User’s own risk and that while the Promoters 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

The 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 the Website and any transactions conducted on or through the Website.

Third party Links

To provide increased value to our users, 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 our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link that represents the Promoters’ 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 our 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 our Website. You should use your own virus protection software.

You must not misuse our 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 our Website, the servers on which our Website is stored or any server, computer or database connected to our Website. You must not attack our 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 our 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 the Website, or the use by any other person accessing the Website using your details and/or your personal information.

Our rights

We reserve the right to:

  • modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
  • change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
  • withdraw any products from the Website at any time and/or remove or edit any materials or content on this Website.

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 our 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:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

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

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential or special loss or damage.

If you are a consumer user, please note that we only provide our Website for domestic, educational and private use. You agree not to use our 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 the Website does not include provision of computer or other necessary equipment to access the 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 the 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.

Who are we?

The Promoters:

Historic Environment Scotland, Longmore House, Salisbury Place, Edinburgh EH9 1SH

National Museums Scotland, Chambers Street, Edinburgh EH1 1JF

National Trust for Scotland, Hermiston Quay, 5 Cultins Road, Edinburgh EH11 4DF

Royal Collection Trust, York House, St James’s Palace, London SW1A 1BQ

Partners: all partners are named where appropriate and the option to receive communication from all partners is provided as an opt-in. If you do not wish us to share your data with the named partners, please do not tick the box to opt-in.