Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

We, Historic Environment Scotland, an executive non-departmental public body, incorporated and established under the Historic Environment Scotland Act 2014, being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH (“HES”), provide a service called Citizens Space ("the Service") and would love for you to use it. The technology behind the Service and its operation is provided by Delib Limited (“Delib”). You can use the Service to post your ideas or opinions. However, you must be responsible in what you contribute. In particular, make sure that none of the prohibited items listed below are included in any contributions you make to the Service or get linked to, from the Service (things like spam, viruses, or hate content).

If you find any content that you believe violates these Terms of Use, please contact us at website@hes.scot or 0131 668 8731.

 

Terms of Use - the Details

Please read these Terms of Use carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then do not access or use the Service. The Service is available only to individuals who are at least 13 years old.

  1. Responsibility for Contributions

If you place comments or ideas on the Service, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you do so at your own risk and you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

    1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    3. you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through any required terms to anyone else who accesses the Content;
    4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    5. the Content is not spam, is not machine - or randomly - generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    6. the Content is not pornographic, discriminatory, libellous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

By submitting Content to the Service, you grant us and the operator of the Service (Delib Limited) a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Service. If you delete Content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching or other references to the Content, Content may not be made immediately unavailable.

If you submit ideas or suggestions, we will be free to use them and any similar ideas or suggestions, without any credit or recompense to you.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any Content that, in our reasonable opinion, violates any of our or Delib's policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in our sole discretion.

You should be aware that the posting of inappropriate Content may give rise to civil or criminal legal action against you, depending on the nature of the Content.

 

  1. Freedom of Information and Data Protection

Where you are asked for personal information via the online consultation form, this information will only be used for the purpose of conducting the consultation exercise. Information will not be used for any other purpose without your permission. At all times, your information will be properly safeguarded and processed in accordance with our Privacy Policy, the Data Protection Act 2018 and the General Data Protection Regulations.

A summary of who has responded to each consultation and a summary of views expressed in the response to each question will be published, and full consultation responses may be published. Publication may be on this consultation micro site, elsewhere online and/or in printed form at the end of the consultation process. On individual consultations, you may be offered the option to keep your response confidential.

You hereby acknowledge that HES is required to act in accordance with the requirements of the Freedom of Information (Scotland) Act 2002, Environmental Information (Scotland) Regulations 2004, the Data Protection Act 2018 and the General Data Protection Regulations and therefore that information provided in response to this consultation may be subject to publication or disclosure. In that regard decisions as to the disclosure of Content posted by you on this platform shall be made at the discretion of HES in consultation with Delib. Where a respondent has opted to keep their responses confidential, it would only be disclosed if it becomes illegal to refuse to do so. Should you have any concerns, please contact foi@hes.scot

 

  1. Responsibility of Service Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Despite our efforts, the Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates data protection, the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We and Delib disclaim any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

 

  1. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. We do not have any control over those third party websites and webpages, and we are not responsible for their contents or their use. By linking to a third party website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of third party websites and webpages.

 

  1. Copyright Infringement Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your or a third party's copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ours or others, we may, in our discretion, terminate or deny access to and use of the Service.

 

  1. Intellectual Property

These Terms of Use do not transfer to you any intellectual property rights in the Service, and all right, title and interest in and to such property will remain solely with us or Delib. HES trade marks/logos, Delib trade marks/logos and all other trademarks, service marks, graphics and logos used in connection with the Service, are trademarks or registered trademarks of HES and/or Delib. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any HES, Delib or third party trademarks.

 

  1. Changes

We reserve the right, at our sole discretion, to modify or replace any part of these Terms of Use. It is your responsibility to check them periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use.

 

  1. Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Disclaimer of Warranties

The Service is provided "as is". HES, Delib and its suppliers and licensors and parent or associated companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Neither HES, Delib nor its suppliers and licensors, makes any warranty that the Service will be error free, or virus free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

 

  1. Limitation of Liability

Whether you are a consumer or a business user:

HES, Delib, or its suppliers or licensors do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by HES, Delib, or its suppliers or licensors’ negligence or the negligence of HES, Delib, or its suppliers or licensors’ employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

If you are a business user:

  • HES, Delib, or its suppliers or licensors exclude all implied conditions, warranties, representations or other terms that may apply to the website or any content on it.
  • HES, Delib, or its suppliers or licensors will not be liable to you for any loss or damage, whether in contract, negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, the website; or
    • use of or reliance on any content displayed on the website.

 

  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

If you are a consumer user:

Please note that we only provide the website for domestic and private use. You agree not to use the website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Privacy Policy, these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Scotland, the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

 

  1. Indemnification

You agree to indemnify and hold harmless HES, Delib, their contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all liabilities, losses, damages, costs, claims and expenses, including lawyers' fees, arising out of your use of the Service, including but not limited to your violation of these Terms of Service.

 

  1. Miscellaneous

These Terms of Service constitute the entire agreement between HES and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised representative of HES, or by the posting by HES of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms of Use, any access to or use of the Service will be governed by the laws of Scotland excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the Scottish courts, except for claims for interdict, injunction, specific performance or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court). If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Use to any party that consents to, and agrees to be bound by, its terms and conditions; HES may assign its rights under these Terms of Use without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.