Tomintoul & Glenlivet

1. About our terms

These terms of use (“Terms”) explain how you may use the online Tomintoul & Glenlivet Digital Archive (the “Archive”) via the website at (https://www.tgdt.org.uk/digital-archive/ ) and all associated pages, domains, social media and online services operated by Tomintoul & Glenlivet Development Trust (“TGDT”, “we” or “us”). Your use of the Archive via any platform operated and or used by TGDT is subject to these Terms.  Please read all the information on this page carefully before using information from the Archive. In proceeding to access the Archive you are deemed to accept these Terms. If you do not agree with or accept any of these Terms, you should stop using (or attempting to use) the Archive immediately.

2. How material is gathered

Much of the material within the Archive has been collected by volunteers and they will continue to do so. This online platform for the Archive is also a means to allow more people to add to our growing digital collection of stories and memories of the area.

The collection, storage and use of images, recordings, videos and personal details within the Archive are underpinned by the following ethical principles:

• To collect material openly with the full, informed consent of those who are providing the material.
• The purpose of collecting the recordings, photographs, videos and other historic material is to help celebrate the area’s cultural heritage, as such people (whether on a recording, video or photograph) and places will be identifiable. Those who provide material to the Archive will be duly acknowledged should they wish to be so. Where possible we try to identify people and places within the records where we know them.
• We recognise that some sensitive material may arise. It will be treated on a case by case basis and in participation with those providing the material if certain names and/or information should be anonymised or material embargoed for a set time before publishing online.

Material inputted by volunteers that includes personal data, including completed and signed consent forms, will be held securely online by TGDT but will not be publicly accessible. The use of personal data will follow the TGDT Privacy Notice  https://www.tgdt.org.uk/wp-content/uploads/2018/05/TGDT-Privacy-Notice-May-2020.pdf

3. Content Disclaimer

In the preparation and maintenance of the Archive, reasonable efforts have been made to present accurate, current, correct, and clearly expressed information and data in the Archive. However, TGDT (its respective employees and their contractors, sub-contractors, agents and affiliates and the employees of such parties) cannot guarantee that the Archive and or any other information, subject matter or content contained on, accessed from, linked to or distributed through this website is accurate.  You are advised to verify the accuracy of any information before relying on it.

If you notice an error in the Archive or our website please contact us.

The Archive, these Terms and other documentation or information available on our website contains general information based on Scots law and, although we endeavour to ensure that the content is accurate and up to date, users should seek appropriate legal advice before taking or refraining from taking any action. The contents of the Archive, these Terms or any other documentation or information available on our website  should not be construed as legal advice and we disclaim any liability in relation to its use.

4. Intellectual Property Right

The Archive, including but not limited to, any text, images, video, audio or other multimedia content, or other information or material in the Archive (“Content”) and any intellectual property rights that exist in the Content, is owned by us, our licensors or both (as applicable). Intellectual property rights (“IPRs”) means rights such as copyright, trade marks, domain names, design rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

Not all of the Content will be protected by IPRs and subject to these Terms may be free to use without the consent of TGDT or any third party.

Where Content is marked as public domain, TGDT is not aware of any IPRs existing in that Content although we cannot guarantee that there are no IPRs in force. TGDT does not warrant or represent that use of the Content marked as public domain is free to use and will not infringe the rights of third parties so any use of that Content by you will be at your risk. It is your responsibility to determine and satisfy yourself that you have all necessary licences and permissions and are free to use that Content before copying, transmitting, or making other use of it.

Where Content is marked as under a Creative Commons (Attribution-NonCommercial) licence content, either TGDT owns the copyright or database rights and wishes to share that Content in support of our mission to share the local history of the Tomintoul and Glenlivet area and support access to knowledge, or TGDT has been granted permission from a third party to make the Content available under the above stated Creative Commons licence. You may use such Content for personal, non-commercial purposes use, free of charge, as long as you acknowledge that TGDT or relevant third party is the owner of the relevant Content. Please contact us for any other use you will need permission of the owner of the relevant IPRs.

All other Content is subject to copyright or other IPR protection.  We have permission  from the owner of the relevant copyright (or other IPR) (the “Rights Holder”) to display the material within the Archive and other permitted purposes.  For any use of this material for commercial or non-commercial purposes you must first contact the Rights Holder and obtain their permission. You may only use this Content in line with a relevant licence or other terms of use granted by the relevant Rights Holder.

TGDT does not accept any responsibility for determining or verifying IPRs in the Content.  We believe we have the owner’s permission to publish Content we know are protected by IPR. However, if you think we have inadvertently used your material without permission, please contact us.

5. General Use of the Tomintoul & Glenlivet Digital Archive website

The Archive is for your personal use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Archive. The Archive is intended for use only by those who can access it from within the UK. If you choose to access the Archive from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

TGDT does not warrant that this website and / or the Archive will be uninterrupted or error free or that any information, other material available on or accessible through this website is free of viruses, worms, Trojan horses or other harmful components.

By accessing  our website and or the Archive you acknowledge and agree that TGDT will not be liable for any direct, indirect, incidental, special, punitive or consequential damages arising from your use of or inability to use our website and or the Archive or from any information, subject matter or content contained on, accessed from, linked to or distributed through our website and or the Archive. TGDT also reserves the right to make changes to or remove information, subject matter or content at any time on our website and or the Archive without notice, and or prior consultation. We may also prevent or suspend your access to our website and or the Archive if you do not comply with any part of these Terms, or any terms of policies to which they refer or any applicable law.

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Our website and the Archive may contain hyperlinks or references to third party websites and any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

6. Registration, users and accounts

On certain parts of our website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to info@tgdt.org.uk)to keep it true, accurate, current and complete.

Where you are invited to register on our website, you will need to create a username and password that gives you access to your Archive account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Archive account.

You agree to (a) immediately notify TGDT if you become aware of any unauthorised use of your password or Archive account or any other breach of security by sending an appropriately worded email to info@tgdt.org.uk, and (b) ensure that you exit from your Archive account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

7. Contributing material to the Tomintoul & Glenlivet Digital Archive

You can contribute material (i) in person at selected community events or at Tomintoul & Glenlivet Discovery Centre; or (ii) by uploading material to the Archive using the upload form.

If you contribute the material in person, TGDT will endeavour to scan and digitise the materials as soon as reasonably practicable. In most cases this will be done there and then, however, in the event we need to retain the materials to complete the digitisation process, TGDT shall hold these materials on temporary loan from you for this purpose. You will be issued with a holding receipt. Once the digital copies have been made, the materials will be available for collection by you.  You will need to bring the receipt with you and confirm the materials have been returned to you by giving the receipt back to us.

If you upload material online, once the material has been uploaded you will be sent an automatically generated email letting you know that it has uploaded to the Archive successfully.

Prior to any material being published online it will be held offline in secure storage to allow one of our volunteers to confirm whether it meets the requirements of these Terms and our collections policies. If the material satisfies those requirements it will then be published online and you will receive an automatically generated email informing you of this.

Please note: due to the Archive being primarily maintained by a small team of dedicated volunteers we cannot guarantee that your material will be screened and published onto the Archive quickly but we will endeavour to do so as quickly as we can and we can guarantee that they will look through your uploaded material with care.

Please choose carefully any material and/or information you upload to the Archive, as it may be available for worldwide public viewing. By providing any material to the Archive, and for us to be able to use it, you confirm that:

• your material is your own original work or you are authorised to provide it to the Archive, clearly stating who has the IPRs (if any) in the material if it is not yourself and that you have permission to share it;
• your material is not defamatory (that is, it does not damage someone’s good reputation), does not take away, infringe or affect any other person’s privacy rights, copyright, contract rights or any other rights, and does not otherwise break any laws of Scotland;
• that any content that you upload to the Archive is done so at your own risk and that your name will be displayed alongside the content uploaded; and
• that you have the right, power, and authority to provide such content and to give us permission to use it for the purposes specified above.

8. Uploaded and contributed materials

After providing your material to the Archive, you continue to own that material and have the right to use your material in any way you choose.

All uploaded and contributed content must comply with the following:

• be in the English language, unless referring to Gaelic and Scots place names, local dialect or local phrasing;
• not contain personal details without asking the permission of that person first;
• not contain any contact information, including email addresses and phone numbers for you or another person;
• not be deliberately misleading or impersonate another;
• be relevant to the context of being uploaded onto the Archive;
• not replicate existing content;
• If you are uploading a sound recording this must be in an mp3 file format; and
• If you are uploading a scanned image of a historic photograph this must be as a .jpg file.

In relation to this material, you acknowledge and agree to indemnify TGDT, its representatives, partners and employees from any and all actions, claims and liabilities (including legal fees) brought against us which arise from the content of the material you have uploaded, or arising from your unauthorised use of material obtained from the Archive (and associated online platforms) or otherwise from your breach of these Terms  [Drafting Note: Generally, TGDT should consider whether or not it is likely it will ever enforce any indemnity against a member of the public?  In any event the indemnity wording has been updated as is not reasonable to expect users uploading content to indemnify TGDT for any unauthorised use by another party, it needs to be linked to their actions].

The TGDT and the volunteers who help to maintain the Archive have the right to:

• appraise, reject or refuse to post any material you upload;
• remove any material from the Archive, whether or not the material goes against any of these conditions and any decision to remove such material is final and no correspondence will be entered into; or
• restrict, suspend or stop your access to all or any part of the Archive at any time.

9. How TGDT will use your uploaded material

If you upload any material to the Archive, this is your agreement to permit TGDT, free of charge and in perpetuity the right to:

• keep, use and display the material as part of the Archive, including “fair dealing” and archival, educational, preservation, exhibition and marketing purposes in all known and discovered mediums and we shall have the right to make it available to the public on the Archive and otherwise;
• reproduce in any way, alter and adapt the material (for operational or editorial reasons) in any media, online and written publication, worldwide, and for all purposes with regards to the Archive;
• make the material available under Attribution, Non-Commercial, No Derivation basis (CC BY-NC-ND v.4.0)) licence terms which permits the use, reuse, adaptation of the donated material for non-commercial and educational purposes, with attribution to TGDT, unless you specifically tell us not to; and
• share the material held within the Archive with trusted organisations, in certain circumstances.

We may require you to confirm the rights granted in this paragraph in writing and where requested to do so you shall provide all reasonable assistance to TGDT.

If you do not want to grant us the permission set out above on these terms, please do not upload any material to the Archive.

10. Personal Data Protection and Privacy Notice

Your privacy and personal data are important to us. Any personal data that you provide to us will be dealt with in line with our privacy notice, which explains what personal data we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal data and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal data.

Please click here https://www.tgdt.org.uk/wp-content/uploads/2018/05/TGDT-Privacy-Notice-May-2020.pdf for the TGDT’s Privacy Notice.

11. Takedown Policy

By making the material held within the Archive available online the TGDT acts in good faith. Despite having safeguards in place, we recognise that on occasions material may be published that may be in breach of copyright laws, contain sensitive personal data or include content that may be regarded by some as obscene or defamatory.

If you feel that you have found material on this Archive that you have not given us permission to use, contravenes privacy laws, you believe to be obscene/defamatory in any way please contact us and specify in the email subject title ‘Takedown Notice’. Please include the following information in your email:

• Your contact details.
• The full details of the material.
• The web URL for the record(s) in question.
• If the request relates to copyright or other intellectual property rights, provide proof that you are the rights holder and a statement that you are the rights holder or are an authorised representative.
• The reason for your request including but not limited to intellectual property law, privacy laws, data protection, obscenity, defamation etc.

You will be provided with a receipt of notification once the email has been received. The Takedown Policy will then be implemented as follows:

1. We will make an initial assessment of the validity and plausibility of the complaint.
2. Upon receipt of a valid complaint the record will be temporarily removed from Archive pending an agreed solution.
3. TGDT will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds, and will be encouraged to assuage the complaints concerned.
4. The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

• • The material is replaced on the Archive unchanged.
  • The material is replaced on the Archive with changes.
  • The material is permanently removed from the Archive. If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through the Archive until a time when a resolution has been reached.

12. Objections

If you object to the publication of any material within the Archive or associated online platforms (this includes TGDT Facebook, Twitter and Instagram accounts, Tomintoul & Glenlivet History Group Facebook account and Tomintoul & Glenlivet Landscape Partnership Facebook, Twitter and Instagram accounts) on any grounds other than those stated in Section 11 above please contact us and we will take action we deem appropriate.

13. Variation

These Terms are dated 19 May 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this condition 10. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Archive and by continuing to use and access the Archive following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

14. Disputes

We will try to resolve any disputes with you quickly and efficiently.  If you are unhappy with us, please contact us as soon as possible. If you want to take court proceedings, the relevant courts of Scotland will have jurisdiction in relation to these Terms and Scots law will apply to these terms.

No one other than a party to these Terms has any right to enforce these Terms.

15. Governing law and jurisdiction

These Terms shall be governed by Scots law and the courts of Scotland shall have exclusive jurisdiction