Website terms of use

Introduction

These terms and conditions will apply to your access and use of our website at art.nationalgalleries.org. By using our website, you accept that you will be bound to the terms and conditions of use in full. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website. If you have any questions about these terms and conditions, you can contact us using the details set out below.

1. The National Galleries of Scotland operates art.nationalgalleries.org. Our principal place of business is at 75 Belford Road, Edinburgh, EH4 3DR. If you have any questions you may contact us.

2. The National Galleries of Scotland may change these terms from time to time so we recommend that you should check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of art.nationalgalleries.org will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.

Licence to use art.nationalgalleries.org

3. You agree to use art.nationalgalleries.org only for lawful purposes and in a considerate and responsible way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of tate.org.uk. Prohibited behaviour includes:

  • using the website for any purpose that is against the law
  • harassing or causing distress or inconvenience to any person
  • transmitting defamatory, libellous, racist, obscene, pornographic, indecent or offensive or menacing content which could cause anxiety to anyone else
  • using the website in any way that cause interruption or damage to the online services or renders them impaired or less efficient
  • using the website in any way that could cause damage or disruption to another user’s computer
  • using the website to transmit or upload computer viruses or other harmful files or programmes
  • collecting data about other users
  • transmitting or sending unsolicited commercial communications such as junk mail or spam

 

4. Acceptable Use

4.1 You shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.

4.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.

4.3 The website may host reviews, feedback and comments from customer. Any electronic communications and / or content you send to this website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".

4.4 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.

4.5 Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.

5. Minimum age/parental consent

5.1 Until you are 18 years old, by using our online services, you certify that your parents have or legal guardian has consented to your use and agree to these terms on your behalf. Parental discretion is advised and we recommend that you review these terms with your parents/guardian before using our website. We may require your parents or legal guardian to provide a written acknowledgement of these terms on your behalf before we provide you with part or all of our online services.

6. Offensive Content

6.1 The website may contain reviews, feedback and other comments submitted by our customers. It is not possible for us to monitor the content of all of these reviews and we therefore take no responsibility for any content, materials, messages and the like that customers may post or view on these areas of the website. We will endeavour to remove any content which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regards to any offensive content, please contact data@nationalgalleries.org.

7. Intellectual property

7.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on art.nationalgalleries.org and all content (including all applications) located on the site shall remain vested in the National Galleries of Scotland or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use tate.org.uk content in any way except for your own personal, non-commercial use. In certain prescribed circumstances, you may adapt, alter or create a derivative work from any tate.org.uk content for your own personal, non-commercial use, with the prior written permission of the National Galleries of Scotland which will be indicated against the relevant art.nationalgalleries.org content.

7.2 The names, images and logos identifying the National Galleries of Scotland or third parties and their products and services are subject to copyright, design rights and trade marks of the National Galleries of Scotland and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of the National Galleries of Scotland or any other third party.

8. Your National Galleries of Scotland account

8.1 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

The National Galleries of Scotland reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple National Galleries of Scotland accounts, or if a non UK based user pretends to be a UK user, or disrupts any of our services in any way.

9. Use of the Digital Download Images

9.1 The Copyright holder grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:

9.1.1 This license is for personal use only. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sub-licensed.

9.1.2 Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with the Copyright holder. There are no warranties, express or implied.

9.2 Neither the Copyright holder nor Company will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the image(s).

10. Privacy and data protection

10.1 The National Galleries of Scotland complies with all applicable UK and EU data protection legislation in force in respect of any personal information you submit to us. The personal details you submit to us will only be used for the specified purposes indicated to you and will not be passed onto unauthorised third parties without your explicit consent. You can contact us to amend or remove any information you submit to us. If you want the National Galleries of Scotland to remove all of you personal information, you may do so by submitting your name, user name, email address and telephone number and requesting the deactivation of your account to this email address data@nationalgalleries.org. If you want to unsubscribe from newsletters/other email then click on the ‘unsubscribe’ link which can be usually found at the bottom of the relevant communication.

10.2 You are personally liable for any orders that you place and charges that you incur.

10.3 As a user of the website you will need to set up and maintain an account on the website. You are solely responsible for keeping your passwords confidential and secure at all times.

10.4 You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.

10.5 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this website or the Service ("Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this website and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the website.

10.6 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.

11. Third party websites

11.1 Our website may provide links to certain third party websites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The National Galleries of Scotland does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
 

12. Disclaimers and limitation of liability

12.1 The National Galleries of Scotland content, including the information, names, images, pictures, logos and icons regarding or relating to the National Galleries of Scotland, its products and services (or to third party products and services), is provided “as is’ and on an ‘as available’ basis. To the extent permitted by law, the National Galleries of Scotland excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The National Galleries of Scotland does not guarantee the completeness or performance of the website or any of the content. While we try to ensure that all content provided by the National Galleries of Scotland is correct at the time of publication no responsibility is accepted by or on behalf of the National Galleries of Scotland for any errors, omissions or inaccurate content on the website.

12.2 Nothing in these terms limits or excludes the National Galleries of Scotland's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, the National Galleries of Scotland shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of art.nationalgalleries.org regardless of the form of action.

12.3 The National Galleries of Scotland does not warrant that functions available on art.nationalgalleries.org will be uninterrupted or error free, that defects will be corrected, or that art.nationalgalleries.org or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13. Invalidity

13.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

13.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.

14. Governing Law and Jurisdiction

14.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with Scottish law and the Scottish courts shall have jurisdiction to resolve any disputes between us.

14.2 Any claim or cause of action against the National Galleries of Scotland arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

15. Miscellaneous 

15.1 This website is intended for residents of the United Kingdom. The National Galleries of Scotland makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure or delay of the National Galleries of Scotland to exercise or enforce any right in these terms does not waive the National Galleries of Scotland's right to enforce that right.

Privacy and the use of cookies in this website

This page sets out the information collected about you through the use of the National Galleries of Scotland website.

Information collected

When you use this website you may be asked to provide personal information which will allow you to access a particular service. This will happen when you:

a) register (registration is required in order to 'favourite' images and/or to obtain a personal-use license for an image)
b) fill in your information to purchase a print during express checkout
c) fill in a webform to make a query
d) fill in a webform to receive e-newsletters

Facebook authentication

If you sign into the website using a Facebook sign in as a means of authentication, you grant permission to Facebook to share your user details. This will include your name and email address which we will then use to create a National Galleries of Scotland account for you. Please be aware that this authentication also permits the sharing of your gender, date of birth, user ID, networks, location and any other information you choose to share according to your Facebook settings.

Use of cookies

Cookies are files that store information on your hard drive or browser which means the National Galleries of Scotland website can recognise that you have visited the website before. Cookies store your preferences thereby making the website easier to use. If you prefer not to receive cookies, you can adjust your browser to refuse cookies or to warn you of when cookies are being used. Disabling cookies will result in the website working less efficiently.

We use Google Analytics to collect information about how our visitors use and navigate this website. We analyse these findings so that we can continually improve the site by adding new features and content, and by removing unused functionality, to improve your experience. Analytics cookies collect information on number of users, which pages are visited, and how they navigated to the website.

During your use of this website you may be delivered cookies by third-party websites. This may happen on pages that offer YouTube, Vimeo, or SoundCloud embedded media. The National Galleries of Scotland does not control these cookies so you should check those third-party websites for more information about their cookies. Occasionally we use online surveys using Qualaroo to help us improve our website. Cookies are used to allow the survey to be hidden on your return visits. This is to prevent you from being shown the survey again unnecessarily. Cookies are also used to record the overall number of answers to the survey questions and to link these to Google Analytics. They do not store your personal data.

Privacy and data protection

The National Galleries of Scotland complies with all applicable UK and EU data protection legislation in force in respect to any personal information you submit to us. The personal details you submit will only be used for specified purposes indicated to you and will not be passed onto unauthorised third parties without your explicit consent. You can contact us to amend or remove any information you submit to us by contacting enquiries@nationalgalleries.org