Note: These terms and conditions will be subject to further change.
1.1 These terms and conditions (“these Terms”) apply to the whole of the NFM Network Scotland website, hosted by the James Hutton Institute website.
2.1 In this Website the following words and phrases have the following meanings; “We”, “Us” and like terms refer to the James Hutton Institute. . “Website” means the website of the NFM Network Scotland but also refers to the e-bulletin documents which summarise website content. “You” means any person who has viewed, uploaded content to, downloaded, used or otherwise accessed this Website, “your” shall refer to you. “You” includes any person acting on your behalf. If you are subscribing to this Website on behalf of your employer or other entity, You warrant and represent that You have the full right and authority to do so.
3.1 By accessing this Website You are deemed to have accepted these Terms (and where appropriate the Additional Terms) in full and without any modification. These Terms and Your acceptance will form a legally binding contract between Us and You. These Terms (and where appropriate the Additional Terms) apply to access and use by registered users of the Website and (to the extent appropriate) to general access and use of the Website by non-registered users.
3.2 We reserve the right to make changes to the Website, including amending or varying these Terms or the Additional Terms at any time. If We make any material changes to these Terms or the Additional Terms, we will notify you of this. When accessing this Website You will be legally bound by the amended or revised terms from the first time You use the Website after the changes are made online. It is Your sole responsibility to check whether any change has been made to these Terms or the Additional Terms.
4.1 You must register with us and be signed in to use certain features on the Website.
4.3 Where You are given a user ID, password or any other piece of information as part of the Website’s security procedures, that information must be kept confidential and You must not disclose it to any third party. You are responsible for any transactions undertaken via your account by any third party where You have disclosed such information.
4.4 We shall not be responsible for any losses arising out of the unauthorised use of your account. If You are aware that the security of your account has, or is in danger of, being breached, please let us know immediately. You may be held responsible for any loss we suffer as a result of a third party using your account.
5.We try to ensure that the information available on this Website is accurate but to the fullest extent permitted by law and subject always to Paragraph 5.2 of these Terms, We hereby disclaim any and all liability for all loss, injury or damage (direct, indirect, consequential or special) arising out of or in connection with Your use of the Website including without limitation, any and all liability:
i. relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of any content on the Website, including user generated content (the “Content”);
ii. relating to Our work procuring, compiling, interpreting, editing, reporting and publishing the Content;
iii. relating to any interruption, failure or cessation of operation or transmission;
iv. resulting from any acts or omissions of any third parties in connection with Your use of this Website;
v. resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures set out in this Website;
vi. arising out of or relating to Your mis-use of or inappropriate reliance on any Content; and
vii. resulting from any virus, worm, Trojan, time-bombs, keystroke loggers, spyware, adware or any other kind of malware or contamination of computing equipment.
5.2 Nothing in these terms shall limit or exclude Our liability for fraudulent misrepresentation, or for death or personal injury resulting from Our negligence or the negligence of Our agents or employees.
5.3 We do not accept liability for information on sites linked to or from this Website. Nothing on this site is to be taken as constituting specific legal or other advice about any of Our services. Anyone reproducing material from this Website is responsible for any consequent infringement of copyright.
6.1 Subject always to these Terms and any Additional Terms You may use this Website for non-commercial purposes. If You wish to use this Website for any commercial purpose You must advise Us first that You wish to do so as further Additional Terms may apply.
6.2 Any use of this Website should acknowledge this Website as the source.
7.1 You warrant that You will not use this Website otherwise than in accordance with these Terms. You must not use the Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and contents sent by or on behalf of You to Us You must use the Website for lawful purposes only. You must not use the Website for any of the following:
7.1.1 for fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
7.1.2 to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
7.1.3 to cause annoyance, inconvenience or needless anxiety;
7.1.4 to impersonate any third party or otherwise mislead as to the origin of Your content;
7.1.6 to cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of this Website is in any way impaired.
8.1 If You do not own the intellectual property rights in the content you want to upload to the Website, You must not publish it without the owner’s express permissio
8.2 You must not upload personal information of other living people without their express permission;
8.3 You may not upload any commercial communications such as spam;
8.4 You must not identify individuals in a way which is reasonably likely to cause them harm, offence, distress or embarrassment;
8.5 You must not upload viruses or other malicious code; and
8.6 You must not publish any content we might reasonably consider, in our sole discretion, malicious, discriminatory, bullying, intimidating, harassing, offensive, inappropriate, defamatory, hateful, threatening, pornographic, or otherwise unlawful.
9.1 We do not monitor user generated content and take no responsibility for content You upload to the Website. If You come across anything on the Website You consider offensive or otherwise breaching these Terms, please contact us at Enquiries@NFM.scot so that We can look into it. We may remove content that You publish on the Website at any time, at our sole discretion.
10.1 We exclude any liability howsoever arising should the Website be unavailable at any particular time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
11.1 We are not responsible and/or accept liability for the content of any linked website. Other websites link to this Website at their own risk. We reserve the right to move or change Our Website URL at any time.
11.2 You may link to any pages or products on the Website. You may not provide a link which suggests a form of association, approval or endorsement on Our part, unless We have expressly agreed to this in writing. You must not mislead any user of such link in any way, by, for instance, seeking to present information on Our Website as being Your information, unless You have uploaded the content yourself in accordance with these Terms. You must acknowledge Our intellectual property rights, including copyright. We reserve the right to withdraw any linking permission upon notice to You or by amending these Terms.
13.1 All data presented on the Website is open data unless otherwise specified.
15.1 All intellectual property rights in the Website, including content on the Website (except where stated otherwise), either belong to us or have been licensed to us.
15.2 Where You post content on the Website, You (or your licensors) own all such content. You grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, sub-licensable right to use any intellectual property rights You have in your content (now or in the future) on or in relation to the Website and our business, and to edit, adapt or modify it as we wish. You waive all moral rights in favour of us and our licensees You have in your content to the fullest extent permitted by law. The foregoing licence ends when You delete your account with us.
15.3 If You believe You own intellectual property rights in any content on the Website, and You have not authorised use of such content, please contact us at Enquiries@NFM.scot, and we will look into it. We reserve the right to temporarily remove or restrict access to the content in question while we investigate.
16.1 If We fail to exercise or delay in exercising any right or remedy provided under these Terms or by law, that will not constitute a waiver of Our rights or remedy nor shall it prevent Us from exercising that right or remedy in whole or in part in the future.
16.2 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
16.3 These Terms and the documents referred to herein are between and for the benefit of You and Us (and Our successors and assignees) and are not intended to benefit or be enforceable by anyone else.
16.4 If any provision of these Terms (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions or part thereof shall remain in force.
16.5 If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these Terms.
16.6 References to any statute or statutory provision in these Terms shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
16.7 In these Terms, references to one gender include the other genders, and to the singular include the plural and vice versa.
16.8 Headings will not affect the interpretation of these Terms.
16.9 These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts (or, where You are an individual domiciled in the UK, the courts of the part of the UK that you are domiciled in).