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TERMS & CONDITIONS

1. In this agreement the term 'SUPPLIER' refers to VisitScotland; 'CLIENT' refers to the person who has registered via the Supplier's website to use an image in accordance with these terms and conditions; 'IMAGE' refers to any digital image which may be offered for the purposes of reproduction; and 'REPRODUCTION' includes, without limitation, any form of publication or copying of the whole or part of any image using any medium.

2. Images are licensed for ONE single use only and must only be used by the Client for that specific purpose as specified at the time of ordering.

3. Images are supplied under licence, no property or copyright in any image passes to the Client.

4. No unauthorised use of images is permitted. The only authorised use is that stated by the Client when registering to use images and approved by the Supplier.

5. Use of images for commercial gain is prohibited.

6. Images are generally supplied free of charge to approved registered users at the discretion of the Supplier depending on intended use. In some cases, a non refundable fee (currently £35 [(excluding VAT)]) is payable by the Client on each submission. In the case of unauthorised use (for example, for incorporation in a commercial publication without prior authority) the Supplier reserves the right to (i) invoice the user at prevailing commercial rates for the reproduction of the image; (ii) pursue copyright infringement action against the user; and/or (iii) report the unauthorised reproduction to the police with the intention that criminal proceedings for copyright infringement be taken against the user.

7. (a) Reproduction rights (if and when granted) are strictly limited to the use specified in the original order and approved by the Supplier unless otherwise agreed in writing.
(b) Reproduction rights when granted are not exclusive to the Client.
(c) Reproduction rights when granted are granted to the Client and may not be assigned, nor may any image be loaned or transferred to third parties save for the purpose of the reproduction rights as granted.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

8.(a) The Client's rights to reproduce an image arises only when the sum advised at the time of ordering is fully paid (where necessary). Any reproduction before payment of the said sum constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to terminate the Agreement and may result in legal action.
(b) The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Supplier.
(c) If payment is not made in accordance with (a) above then the Supplier may terminate the Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.

9. (a) Unless otherwise agreed in writing, if any image reproduced by the Client omits the copyright notice or credit line specified by the Supplier, such reproduction constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to terminate the Agreement, the Client will be invoiced for the reproduction at commercial rates and, without prejudice to the foregoing, the infringement may result in legal action against the Client.

10. Images shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the Client without prior written consent of the Supplier, nor shall the image be altered or manipulated, added to, or any part deleted without the prior written consent of the Supplier.

11. In the case of printed publication, a sample copy of the relevant page/s containing any image used is to be supplied to the Supplier by the Client free of charge within two weeks. In other media evidence of use must be made if requested.

12. This Agreement between the Supplier and the Client is governed by Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.

Permission is granted to electronically copy or print in hard copy portions of this web site for personal purposes. Any other use of materials on this web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of VisitScotland is strictly prohibited.

Privacy Statement
VisitScotland is committed to safeguarding your privacy. Any personal information collected via this web site is controlled by VisitScotland in accordance with the Data Protection Act 1998.

Wherever we collect personal information via this web site, we commit ourselves not to disclose this information to third parties. [We will use personal information to provide you with information from time to time about services provided by VisitScotland and its members. If you would prefer not to receive this information, please contact the administrator: images@angusanddundee.co.uk.

Disclaimer
VisitScotland IS PROVIDING THIS WEB SITE AND ITS CONTENTS IN GOOD FAITH BUT MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE. IN ADDITION, VisitScotland DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Any information on this web site is subject to change without notice.