This page (together with the documents referred to) tells you the terms on which you may make use of our website at www.publicartscotland.com (“Website”), whether as a guest or a registered user. Please read these Terms of Website Use carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms of Website Use and that you agree to abide by them. If you do not agree to these Terms of Website Use, please refrain from using the Website.

Information About Us

The Website is operated by Creative Scotland, which has its principle office at 12 Manor Place, Edinburgh EH3 7DD.

Accessing The Website

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Website Use.

When using the Website, you must comply with the provisions of our Acceptable Use Policy [insert link to Acceptable Use Policy].

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms of Website Use, and that they comply with them.

Intellectual Property Rights

We are the owners or the licensees of all intellectual property rights in the Website and in the material published on it (“Work”). The Work is protected by intellectual property rights, including but not limited to copyright.

You may print off one copy, and may download extracts, of any Work from the Website for your personal reference, for non-commercial research or private study or for the purpose of quoting for critique or review provided we are acknowledged as the source thereof. You may draw the attention of others within your organisation to material posted on the Website.

Our status (and that of any identified contributors) as the authors of Work on the Website must always be acknowledged.

You must not use any part of the Work on the Website for other purpose whatsoever without obtaining a written licence to do so from us or from our licensors as applicable.

You must not modify the paper or digital copies of any Work you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy, download or otherwise reproduce any part of the Website or the Work displayed on it in breach of these Terms of Website Use, your right to use the Website will cease immediately and we reserve our right to take any action necessary to protect and enforce our intellectual property rights in the Work.

You must, at our option, return or destroy any copies of the Work you have made.

Reliance on Information Posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update the Website regularly, and may change the Website content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the Work on the Website may be out of date at any given time, and we are under no obligation to update such Work.

Our Liability

The Work displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:

    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
    • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to the Website and any Work posted on it, including, without limitation any liability for:
      • loss of income or revenue;
      • loss of business;
      • loss of profits or contracts;
      • loss of anticipated savings;
      • loss of data;
      • loss of goodwill;
      • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information About You and Your Visits to the Website

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

Uploading Material to the Website

Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy]. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to the Website will be considered non-confidential and non proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy].

Viruses, Hacking and Other Offences

You must not misuse the 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 the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you will 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 the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned or operated by you.

We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy].

If you wish to make any use of any Work on the Website other than that set out above, please address your request to editor@publicartscotland.com.

Links From the Website

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.

Trade Marks

[insert trade marks] are UK registered trade marks of [insert name of owner].

Variations

We may revise these Terms of Website Use at any time. You are expected to check the Website from time to time to take notice of any changes we make. Some of the provisions contained in these Terms of Website Use may also be superseded by provisions or notices published elsewhere on the Website.

Your Concerns

If you have any concerns about the Work which appears on the Website, please contacteditor@publicartscotland.com.

Acceptable Use Policy

This Acceptable Use Policy sets out the terms on which you access and use the Website.

This Acceptable Use Policy applies to all registered users of, and visitors to, the Website.

Your use of the Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy.

1 Prohibited Uses

You may use the Website only for the purpose for which the Website is intended.

You may not use the Website:

  • 1.1 in any way that breaches any applicable local, national or international law or regulation;
  • 1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • 1.3 for the purpose of transmitting viruses to or from our systems;
  • 1.4 for the purpose of harming or attempting to harm minors in any way;
  • 1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
  • 1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2 Content Standards

These content standards apply to any and all material which you contribute to any part of the Website (“Contributions”) and to any interactive services associated with it.

The standards apply to each part of any Contribution as well as to its whole.

  • 2.1 Contributions must:
  • 2.1.1 be accurate (where they state facts);
  • 2.1.2 be genuinely held (where they state opinions); and
  • 2.1.3 comply with applicable law in the UK and in any country from which they are posted.
  • 2.2 Contributions must not:
  • 2.2.1 contain any material which is defamatory of any person;
  • 2.2.2 contain any material which is obscene, offensive, hateful or inflammatory;
  • 2.2.3 promote sexually explicit material;
  • 2.2.4 promote violence;
  • 2.2.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • 2.2.6 infringe any copyright, database right or trade mark of any other person;
  • 2.2.7 be likely to deceive any person;
  • 2.2.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • 2.2.9 promote any illegal activity;
  • 2.2.10 be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
  • 2.2.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
  • 2.2.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • 2.2.13 give the impression that they emanate from us, if this is not the case; or
  • 2.2.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3 Suspension and Termination

We will determine, in our sole discretion, whether there has been a breach of this Acceptable Use Policy through the use of the Website. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy may result in our taking all or any of the following actions:

  • 3.1 immediate, temporary or permanent removal of any blog, posting or material uploaded to the Website;
  • 3.2 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • 3.3 further legal action against you; and
  • 3.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.

4 Changes to the Acceptable Use Policy

This Acceptable Use Policy may be revised by us from time to time.

For content enquiries please contact editor@publicartscotland.com

For technical enquiries please contact support@publicartscotland.com

Public Art Scotland was established by the Scottish Arts Council in 2007 to create space for critical debate and reflection. It is delivered on behalf of Creative Scotland by Fremantle Consultants and Suzy Glass.

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