1. Definitions
1.1. 'We' or 'Us' or 'Our' means SCOTLANDSIMAGES.COM, a trading name of The National Archives of Scotland, H.M. General Register House, 2 Princes Street, Edinburgh EH1 3YY, operating a partnership between The National Archives of Scotland; The National Library of Scotland, George IV Bridge, Edinburgh EH1 1EW; National Museums Scotland, Chambers Street, Edinburgh, EH1 1JF; The National Trust for Scotland, Wemyss House, 28 Charlotte Square, Edinburgh EH2 4ET; The Royal Commission on the Ancient and Historic Monuments of Scotland, John Sinclair House, 16 Bernard Terrace, Edinburgh EH8 9NX.
1.2. 'You' or 'Your' means the person or entity named as the client on the application form.
1.3. 'Image' means any item which may be offered for the purposes of reproduction.
1.4. 'Reproduction' includes any form of publication or copying of the whole or part of any Image, altered or not, whether by printing, photography, slide projection, xerography, broadcast, artist's reference/illustration, layout, presentation, electronic reproduction or recreation by any other means.
1.5. 'Application form' means the online form that you complete in support of your application to licence the usage of images from SCOTLANDSIMAGES.COM.
1.6 'Licence' means the reproduction rights offered to you by SCOTLANDSIMAGES.COM.
2. Licence for Use of Images
2.1. Reproduction is strictly forbidden without specific written permission by us. No reproduction rights are granted by virtue of delivery of images unless expressly indicated by us. Your right to reproduce an Image arises only if:-
- 2.1.1. Your application form is approved and payment relating to the grant of any such right is fully paid. Any reproduction before payment or outside the terms of any licence constitutes an infringement of copyright and also a breach of the Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any image supplied to you.
- 2.1.2. You credit SCOTLANDSIMAGES.COM and the appropriate partner supplying the image. You will be advised of the correct credit line when the Image is delivered. In the case of electronically used images, a copyright notice must be displayed prohibiting any form of reproduction, transmission, performance, display, rental, lending or storage in any retrieval system without the written consent of the copyright holders.
- 2.1.3. In the case of electronically used images, you insert a hyper link to SCOTLANDSIMAGES.COM alongside the correct credit line.
- 2.1.4. In the case of Web usage, you ensure that no copy of the Image shall be of greater resolution than 640 x 480 pixel resolution or 72dpi resolution.
- 2.1.5. Images are not altered or manipulated, added to, or have any part deleted without our prior written consent. If permission is given for a detail of an image to be used, then the caption must include the word 'detail'.
- 2.1.6. You acknowledge that Images are our valuable property, as are any digital images created from the Images. You agree to destroy all digital Images including any pre-press or pre-production copies of the Images held on a database within 90 days of the receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.
- 2.1.7. You provide us on publication with at least one complimentary copy of any publication or program in which the reproduction of the images appears.
2.2. Reproduction rights (if granted), unless otherwise agreed in writing are:-
- 2.2.1. Subject to these terms and conditions and any terms and conditions set out in licence.
- 2.2.2. Strictly limited to the use, period of time and the territory specified on the licence. Invoices for reproduction rights issued by SCOTLANDSIMAGES.COM may represent an offer but do not constitute a licence, implied or actual, to grant the rights specified, until payment - in full - of these invoices has been received. No reuse or further reproduction of the Images whether for future use or otherwise is permitted, except upon approval of a further application and payment in advance of any additional fees due.
- 2.2.3. On the understanding that the use of the image is personal to you and that neither the reproduction rights nor the permissions granted with it may be assigned, transferred, sub-licensed or changed to third parties without the prior written permission of SCOTLANDSIMAGES.COM.
3. Reproduction
3.1. In order to ensure the highest quality and the greatest accuracy, you may not reproduce any version of any Image other than from high-resolution photographic material supplied directly from SCOTLANDSIMAGES.COM or any of its partners. Reproduction from low resolution 'lightbox' images or from any other secondary source is strictly forbidden.
3.2. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction may be obtained. We make no claim or warranty with regard to your use of names, people, trademarks, or copyright material depicted in an Image.
4. Liability
4.1. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damage for any other breach shall be limited to the license fee paid by you.
5. Termination
5.1. Any licence granted will terminate immediately if you a) enter into voluntary or compulsory liquidation; b) have a receiver appointed; c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
6. Publication Rights
6.1. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights to us.
7. Alternative Dispute Resolution
7.1. Should any disagreement arise between us, we shall first try to settle it by a mediation procedure recommended by the British Photographers Liaison Committee.
8. Variation of Terms and Conditions
8.1. No variation of these terms or conditions shall be effective unless agreed in writing by both parties prior to the delivery of Images or any licence being granted.
9. Applicable Law
9.1. These terms and conditions shall be governed in all respects by and construed in accordance with the Laws of Scotland and the parties agree to submit the non-exclusive jurisdiction of the Scottish Courts.
10. Miscellaneous
10.1. You must ensure that any third parties involved, including distributors, are bound by the terms of the licence.
10.2. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
10.3. In the event of your death or bankruptcy or in the event of a resolution, petition, or order for winding up being made against you, or if a receiver is appointed, SCOTLANDSIMAGES.COM may at any time thereafter inspect any records, accounts and books relating to the reproduction of any Image from SCOTLANDSIMAGES.COM to ensure that the images are being used only in accordance with the reproductions rights granted to you.
10.4. You will be deemed to have accepted these terms and conditions by clicking on the 'accept' button, prior to receiving the Image.
COPYRIGHT NOTICE
All materials on this website are subject to the laws of copyright. You may not reproduce or distribute the images or any part of the images in any way, remove the image identification mark or alter, manipulate, add to or delete an image or any part of an image without written permission from SCOTLANDSIMAGES.COM. Copyright in all the images remains with the institutions that have contributed the images and the collections they represent. By entering the website, you are indicating that you have read and accepted the above conditions.
SCOTLANDSIMAGES.COM is committed to respecting the intellectual property rights of others and has made all reasonable efforts to ensure that images on the website are reproduced with the permission of the copyright holders. If there are any inadvertent omissions we apologise to those concerned, and ask that they contact us so that we can correct any oversight as soon as possible.