Terms and Conditions

Traigh Iar Sollas

Terms and Conditions for the Locations site

1. Introduction

1.1 Screen Scotland is the dedicated partnership for screen in Scotland. Screen Scotland sits within Creative Scotland and is a partnership with Scottish Enterprise, Highlands and Islands Enterprise, Skills Development Scotland and Scottish Funding Council. For the purposes of these Terms and Conditions, all subsequent references will use ‘Creative Scotland’ to refer to any involvement by representatives of Screen Scotland.

1.2 The Locations site (http://www.locations.screenscotland.com) is a service which was established by Creative Scotland as a secure platform for the screen industry in Scotland to share relevant locations and properties for Locations Managers attached to potential film and TV productions that may be looking to film in Scotland.

1.3 Content on the site is user-generated by location owners or their legally appointed agents – meaning that the details of any location or property can only be uploaded to the site by location owners or their agent who has registered as a user of the site.

1.4 All locations and properties submitted will only appear live on the site once they are approved by Creative Scotland, who provide an approvals process to ensure that content is broadly relevant, appropriate and not breaching the terms and conditions set out here .

2. General points about the Locations site

2.1 In order to register to use the service, and in order to post details of a property, you must have read and agreed to these Terms and Conditions of use.

2.2 Please note that Creative Scotland reserves the right to amend or change these Terms and Conditions at any time. However, if we do, we’ll inform all users of the site in a timely manner to all registered subscribers.

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

2.4 The Locations service is provided free of charge to all users and Creative Scotland will not ask any users for any financial information or credit card details at any point.

3. Creative Scotland’s role in managing Locations

3.1 All locations or properties submitted will only appear live on the site once they are approved by a member of the Creative ScotlandScreen Commission who manage the resource.

3.2 This team provide an approvals process to ensure that content is broadly relevant, appropriate and not breaching the terms and conditions set out here.

3.3 We aim to approve most submissions within 10 working days – but we reserve the right to take longer if there are any queries arising from, for example, whether the submission meets our Terms and Conditions.

3.4 Creative Scotland’s Screen Commission will carry out due diligence  on all users registering with the site, and reserve the right to remove accounts which do not comply with these Terms & Conditions.

3.5 In communicating with you, we will ensure that all of our communications will be professional and respectful at all times. We reserve the right not to respond to any communications that we deem to be abusive, vexatious or inappropriate in terms of content or language.

3.6 It is important to note that the approval’s process – whereby Creative Scotland approves a location and/or property to appear on the site – is not an endorsement by Creative Scotland of the location and/or property, the accuracy or completeness of the location and/or property, or the organisation posting the location and/or property.

3.7 It is also important to note the approval’s process – whereby Creative Scotland approves a registration for a Locations Manager or screen industry professional to be given access to the information contained in the site – is not an endorsement of the Location Manager, screen industry professional or the film project they claim to represent.

3.8 Locations is intended to act as a database of potential locations and properties which will, in all cases, require users wishing to further investigate these locations or properties for suitability and/or availability to contact a Screen Commission Officer within Creative Scotland. Creative Scotland is not responsible for the content or availability of any external sites linked to the locations or properties and any such links to third party websites and the information they carry, is not an endorsement of such websites by Creative Scotland.

4. Creative Scotland’s liability

4.1 Whilst all efforts will be made to ensure the information on the Locations site is accurate and kept up to date, the material displayed on the Locations site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

4.1.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

4.1.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

4.1.4 Loss of income or revenue

4.1.5 Loss of business

4.1.6 Loss of profits or contracts

4.1.7 Loss of anticipated savings

4.1.8 Loss of data

4.1.9 Loss of goodwill

4.1.10 Wasted management or office time

4.1.11 For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

4.2 Paragraph 4.1 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.

5. Posting a location and/or property

5.1 As a condition of your use of the Locations site you agree that:

5.1.2 Creative Scotland’s Screen Commission will carry out due diligence on all location or property owners or agents registering with the site, and reserve the right to remove accounts which do not comply fully with these Terms & Conditions.

5.1.3 You will not violate any laws. Nor will you post content which is considered harmful, threatening, abusive, vulgar, obscene, harassing, defamatory, offensive or objectionable.

5.1.4 You will not use your registered account to impersonate any person; copy, modify, or distribute any other person's content without their consent; present false or deliberately misleading information.

5.1.5 If you receive 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.

5.1.6 You consent to Creative Scotland monitoring your posting prior to its approval and its subsequent appearance on the Locations site. Creative Scotland reserves the right to edit any posting it receives for the purpose of making it legible or correcting errors and inaccuracies.

5.1.7 Creative Scotland reserves the right not to allow your location or property to be posted on the Locations website if it feels the posting is breaching these terms and conditions.

5.1.8 Additionally, if you breach any of the provisions set out in these terms and conditions, Creative Scotland reserves the right to consider terminating your use of the service at any time.

5.1.9 All agreements entered by the location owners or their agents require to be negotiated independently with the appropriate production company. It is your responsibility to obtain independent legal advice.

6. Resolution of disputes

6.1 If a dispute arises between a user of the Locations site and a property representative, Creative Scotland advises parties to communicate directly to seek a resolution.

6.2 If, having attempted to do this in a professional manner and in a reasonable time frame for both sides, either party feels that the dispute still remains unresolved, they may contact Creative Scotland who will consider reasonable requests to resolve the dispute.

6.3 In this instance email locations@creativescotland.com. Creative Scotland will then look into the issues being raised in order to seek some form of resolution.

7. Governing Law

7.1. These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.

8. Data protection

8.1 Creative Scotland is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Act 1998. We need to process certain information about our staff, customers, and other individuals that we have dealings with for administrative purposes. To comply with the Act, information collected about individuals must be used fairly, stored safely and securely and not disclosed to any third party unlawfully.

8.2 If you have any other questions about this policy you can email us: communications@creativescotland.com

8.3 We collect data from you ('user data') when you register to use the Locations site. We will use user data we collect from you only in accordance with the following guidelines:

8.3.1 to provide the service to you

8.3.2 to provide and improve the service to you, to notify you of any changes to the service or our terms and conditions of use

8.3.3 to send you information about our other products and services if you so wish

8.3.4 from time to time, Creative Scotland, or third parties acting directly on Creative Scotland’sbehalf, may wish to send you information about other services which we offer and believe you may be interested in. We may use user data for this purpose. If you decide now, or at any later time, that you do not wish to receive this information, please inform us by email at legal@creativescotland.com

8.3.5 Creative Scotlandmay make user data available internally to other parts of the organisation, either for the fulfilment of Creative Scotland’sservices, or to enable them to provide you with information about products or services which they believe you may be interested in.

9. Copyright

9.1 All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Creative Scotlandor otherwise used by Creative Scotlandas permitted by law.

10.2 In accessing the website you agree that you will access the content solely for research purposes in contemplation of all parties seeking independent legal advice before entering any agreement for the use of the property or location None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.