UGC Terms & Conditions

Thank you for agreeing to let VisitScotland use this selected photo and/or video content (the “Content”) that we have asked for explicit permissions to acquire.

By permitting VisitScotland to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for VisitScotland to use your Content), you agree to be bound by these Terms and Conditions.

Please read and ensure you are in agreement before proceeding.

  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 user name, and links to your social media profile.
  2. You grant to VisitScotland (and if necessary its agents, contractors, and representatives) a non-exclusive, revocable, royalty-free, worldwide licence to use the Content for any lawful purpose including:
    1. publishing and/or making available the Material on and in any of VisitScotland's websites, digital channels and/or print publications; and
    2. publishing and/or making available the Material on and in any third-party websites, digital channels and/or print publications that contain content that is provided, managed and/or curated by VisitScotland.
  3. You represent, warrant and undertake to VisitScotland that:
    1. 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 VisitScotland (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;
    2. the Material does not violate or infringe upon the rights of any third party (including, but not limited to, any rights of copyright, trade mark, privacy or other intellectual property rights), require payment of any compensation to any party, or breach any applicable laws;
    3. the Material can be utilised by VisitScotland across all channels and media (for example, images supplied for print can be utilised in online and vice versa);
    4. the Material 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;
    5. the Material does not breach, or risk being in breach of any UK law or other legal duty or obligation owed by the Operator and/or VisitScotland;
    6. the Material is true and accurate and not misleading in any respect; and
    7. you are over 18 years of age and have the right to agree to these Terms.
  4. VisitScotland’s rights to use your Content last indefinitely until canceled by you, which you can do at any time by contacting VisitScotland by email: legalnotices@visitscotland.com or by post: VisitScotland, Ocean Point One, 94 Ocean Drive, Edinburgh, EH6 6JH. After cancelation we will not reuse your content. However, please note that past posts may remain visible and VisitScotland will retain your Content for 2 years after cancelation.
  5. The rights you grant to VisitScotland are non-exclusive and (subject to VisitScotland’s rights) you retain all rights to use the Content for your own purposes. VisitScotland will not pay any royalties or compensation to you or any third party for use of the Content.  Use is at VisitScotland’s discretion and VisitScotland 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 VisitScotland’s use of your Content or advertising copy, or to be identified as the author/creator of the Content.
  7. You shall fully indemnify and keep indemnified VisitScotland on demand from and against all costs, claims, expenses (including reasonable legal expenses), liability, losses or damage that VisitScotland and/or its agents, contractors, and/or representatives suffer or incur as a result of or in connection with any breach or failure by you to comply with any of these Terms and Conditions.

    Privacy
     
  8. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.
  9. By agreeing to these Terms you give your consent to the processing of such personal data by VisitScotland for the purposes set out in these Terms and Conditions.
  10. 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.
  11. VisitScotland 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 Policy - About Us | VisitScotland.org You acknowledge that the personal data that you provide to VisitScotland will be held and processed in accordance with the Privacy Policy, and you further acknowledge that the personal  data that you provide to VisitScotland may require to be disclosed by VisitScotland to relevant third parties, including, without limitation, to VisitScotland’s contractors, agents or representatives.
  12. You acknowledge that VisitScotland, 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 VisitScotland may be obliged under the Information Laws to disclose information held by VisitScotland which relates to you or the Content. For the avoidance of doubt, VisitScotland 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.

By replying #VisitScotlandFeature you acknowledge and agree that you have read, understand, and agree to the above Terms and Conditions.

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