- Use of assets must benefit VisitAberdeenshire or Aberdeen & Aberdeenshire tourism in some way.
- All assets must not be used past the Expiry date of the asset.
- All use of assets must comply with the individual asset Licence rules.
- All use of assets must comply with the Brand Guidelines and any Usage instructions.
Before using this VisitAberdeenshire Content Hub (“VA Content Hub”), please read all the terms and conditions carefully. By accessing and using this VA Content Hub You are bound by the terms and conditions and if You do not agree to or accept all of these, You must not use this VA Content Hub.
VISITABERDEENSHIRE CONTENT HUB: TERMS AND CONDITIONS
In these Terms and Conditions including the Asset User Agreement incorporated herein;
- "‘We’ /‘Us’/ ‘Our’" means VisitAberdeenshire.
- "You" means the person or entity allowed registered access to this VA Content Hub and the employer or principal of any such person.
- “this VA Content Hub” means the digital media library available through the following URL: https://media.visitabdn.com/, and the Assets therein.
- “Assets” means the photographs, artwork, images, still footage, moving footage, film, audio visual, video digital items (image, footage clip or design file) and any other media items available to be accessed through this VA Content Hub (and includes any digital images created from Assets).
- “VisitAberdeenshire” means the not for profit Destination Management Organisation, whose principal office is at 1st Floor, Amicable House, 252 Union Street, Aberdeen, AB10 1TN.
Ownership of VA CONTENT HUB
- This VA Content Hub is owned by VisitAberdeenshire and operated in-house by the VisitAberdeenshire Marketing Team (email: firstname.lastname@example.org). All of the Assets and content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, logos, music, video, layout, source code, moving images, illustrations, software and Assets is owned by VisitAberdeenshire, its licensors or its content providers.
- All elements of the VA Content Hub are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this VA Content Hub, unless permitted within another written agreement with VisitAberdeenshire, may be copied, modified, adapted, reproduced, stored, distributed, printed, displayed, performed, published, communicated or retransmitted by any means.
Registration and Data
- By registering on the VA Content Hub, and agreeing to these Terms and Conditions, you hereby confirm that:
- the information (which We may use to verify Your identity when You use the VA Content Hub) provided is true, accurate and not misleading;
- You have the authority to enter into and agree to these Terms and Conditions on behalf of Your organisation;
- You will keep all registration and account information up to date and notify Us immediately of any changes to your information;
- You accept all responsibility for all activity under Your registration and account;
- You will not share your account details with any third party and You will keep your password confidential at all times.
- You irrevocably and unconditionally undertake to indemnify Us against any claims and liabilities incurred by Us as a result of You breaching the terms of Clause 1.
- Any personal data that You supply will be kept on a database for the purpose of allowing us to verify Your identity, and confirm your asset usage, when You use this VA Content Hub in accordance with any law, statute, directive, regulation or other binding restriction which relates to the protection of individuals with regards to the processing of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection) (“GDPR”) and the Data Protection Act 2018.
Use of the VA COTNENT HUB
(a) non-commercial tourism related use and/or for the purposes of promoting Aberdeen & Aberdeenshire as a visitor destination; and/or
(b) non-commercial activity only (a ‘commercial activity’ means where payment is (or is agreed to be) received or paid for the marketing activity, and/or media space, and/or advertising space, and/or publication (as a whole) in which the Asset appears. Use of the Assets is provided for non-commercial activity only). Any other use of the Assets, or content of this VA Content Hub, is strictly forbidden.
- You must satisfy Yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any Asset is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to Your use of content, names, text, people, trademarks or copyright material depicted in any Asset and You will indemnify Us in respect of any claims, damages, costs or expenses We incur arising from the use of any Assets supplied to You.
- We reserve the right to terminate Your registration at any time with immediate effect at Our sole discretion without liability to You. In the event of termination you are no longer allowed to access this VA Content Hub and any further use of and/or exploitation of any Asset shall constitute an infringement of copyright. In the event of termination, all rights granted will immediately revert to Us and any further exploitation of any Assets shall constitute an infringement of copyright.
- You must not use this VA Content Hub for any purpose which is unlawful or which will cause damage to the operation of the VA Content Hub by way of a virus, corrupted file or by any other means.
- You must not sell, exchange, trade or auction Your VA Content Hub account.
- This VA Content Hub and its contents are provided 'as is' and VisitAberdeenshire excludes to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. No functions within this VA Content Hub are warranted to be without error or always available.
- VisitAberdeenshire uses reasonable efforts to ensure that the VA Content Hub Assets are as accurate, correct and reliable as possible but We make no representations and give no warranties as to the Assets' accuracy, correctness and reliability.
- You acknowledge that if you rely on this VA Content Hub or any Assets or other material available through this VA Content Hub, You do so at your own risk.
- You agree to defend, indemnify and hold VisitAberdeenshire, its subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to Your use of this VA Content Hub and/or the Assets outside the scope of these Terms and Conditions or arising out of any other breach of these Terms and Conditions.
- To the maximum extent permitted by law, We will not, under any circumstances, be liable (whether for breach of contract, delict (including negligence) or otherwise) for any damages or losses (howsoever caused), which You may directly or indirectly suffer in connection with (a) any use of, or inability to use, this VA Content Hub or any material available on or through this VA Content Hub; or (b) any action or decision taken as a result of accessing or using this VA Content Hub, or any material available on or through this VA Content Hub.
- If the limitation of liability in paragraph (2) above is held to be invalid in whole or in part, then Our maximum aggregate liability to You for all damages, losses, costs, and expenses (other than for any damages, costs and expenses that cannot be limited at law) will not exceed one pound sterling (£1.00).
- These Terms and Conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement where it will be non-exclusive.
Asset User Agreement
These terms and conditions apply to all users of this VA Content Hub and those handling any Assets obtained from this VA Content Hub. These terms supersede any terms and conditions of purchase You may have. No variation of these terms or conditions shall be effective unless agreed in writing.
Supply of Assets
- By registering and using a login and password to access and download Assets from this VA Content Hub You are entering into a binding agreement between You and Us. If You are an employee or agent working on behalf of an organisation, this agreement applies to You and/or Your employer or principal and you must have appropriate authority to enter into this agreement on your employer’s or principal’s behalf. If You do not wish to be bound by this agreement please e-mail Us at email@example.com, to that effect within 24 hours and We shall delete Your username and password so that You cannot access the VA Content Hub. You can also delete Your account at any time by selecting “Delete My Account” from Your account profile page within the VA Content Hub. You will need to log in to Your account to do this. Downloading of any material and/or Assets using Your username and password will be deemed acceptance of these Terms and Conditions.
- All Assets and information provided in this VA Content Hub are the property and copyright of VisitAberdeenshire or its licensors or its content providers. The moral rights of VisitAberdeenshire and all authors of the works represented in this VA media room have been asserted. You must credit VisitAberdeenshire and/or the author if specified by us when an Asset is used. If You fail to credit VisitAberdeenshire and/or the author a licence fee will be payable in respect of the relevant Asset.
- You may NOT use watermarked Assets in any final products for distribution in printed or electronic format either inside or outside Your company or organisation without prior written permission from Us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any Asset supplied by Us or downloaded from this VA media room.
- If you wish to benefit from the use of lightboxes and download unwatermarked Assets for layout and/or reproduction or publication purposes, you must provide accurate information during Our registration process. Your registration is personal to You and You are responsible for protecting the confidentiality of Your Login and Password details. You may not allow others to use Your login and password to access this VA Content Hub and You agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any infringement arising from downloads of material from this VA Content Hub by third parties using Your login details with or without Your permission. Upon completion of Our registration process You may use copies of the Assets in this VA Content Hub subject to these Terms and Conditions.
- You must adhere to any stipulations or restrictions which are detailed in preview captions or may be attached to downloaded Assets. These may include such warnings as "Editorial Use Only". In such a case the use of the Assets for a non-Editorial purpose (e.g. advertising) is not permitted and by accepting Our terms You undertake to indemnify Us and Our licensors and content providers against any legal action or other costs which may result from such unauthorised use.
Use of Assets
- The reproduction by whatever means of the whole or any part of any Asset (including, without limitation, projection, artist's reference, artist's illustration, layout or presentation of Assets) is strictly forbidden for any purpose that is not expressly allowed by these Terms and Conditions.
- In the event that You utilise any Asset in any way that is not allowed by these Terms and Conditions, We reserve the right to seek damages through legal channels unless You agree to reimburse Us, as liquidated damages, a sum equal to five (5) times the market value price charged under normal stock photography rates as determined by Us. If You fail to make the payment as outlined above, within five (5) days of Us invoicing such fee, this liquidated damage provision shall be void and We reserve the right to sue for copyright infringement, including legal fees and all associated costs.
- Reproduction rights unless otherwise agreed in writing are:
a) subject to these Terms and Conditions and any other terms and conditions set out in the delivery of the Assets, e.g. Permission for use of marketing media supplied by VisitAberdeenshire – obtainable from the VisitAberdeenshire Marketing Team (email: firstname.lastname@example.org),
b) non-exclusive reproduction or publication rights for up to 36 months only. You must provide accurate usage information when requested. Further usage beyond 36 months will require You to repeat the order process. Failure to do so will incur a licence fee as determined by Us.
c) personal to You and not assignable by You to any third party.
- If We agree that You may license the use of any Assets to any third party, You shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Assets to personal use only and allowing use of the Assets only as allowed by these Terms and Conditions and forbidding the assignment, resale, rental and lending of the Assets and ensuring that credit is given to Us and the author.
- Assets shall not be altered or manipulated, added to, or have any part deleted without Our prior written consent.
- You must provide Us on reproduction or publication with at least one complimentary copy or link to any publication in which the reproduction or publication of any Asset appears.
- For any editorial uses, You may not reproduce any Assets from this site for any negative tourism related articles and/or commercial articles. This is at Our discretion and in this event, We reserve the right charge a licence fee as determined by Us and/or to revoke Your user registration.
- If any Asset featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, You must accompany each such use with a conspicuous statement that indicates that the person is a model and the Asset is being used for illustrative purposes only.
These requirements are without prejudice to Your obligations regarding use of the Assets contained elsewhere throughout these Terms and Conditions.
Digital Use of Assets
- You acknowledge that Assets are Our valuable property, as are any digital images created from the Assets ("Digital Assets").
- You may not create, store or transmit Digital Assets without Our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by Us. If permission is granted the following conditions apply.
- Each Digital Asset created by You shall not be renamed and must be recorded and labelled with the Asset reference number used by Us and Our copyright credit information as an integral part of the Asset file, and held on an electronic database under Your sole possession and control.
- Assets are available in various file sizes. However, VisitAberdeenshire cannot guarantee that an Asset will be available in a size required for Your usage.
- You agree to destroy all Digital Assets including any pre-press or pre-production copies of the Assets and any copies or records of the images held on a database on completion of the maximum usage period of 36 months.
Use of Marketing Media, Images & Footage supplied by You to VisitAberdeenshire.
- To allow Us to use media, images and footage supplied by You on any of Our websites or in Our print publications, or for storage in this VA Content Hub, or otherwise for marketing Aberdeen & Aberdeenshire tourism and/or non-commercial purposes, You agree to the terms and conditions as set out in Our ‘Media Release’ obtainable from the VisitAberdeenshire Marketing Team (email: email@example.com), which You will be expected to sign, accordingly:
i. Permission for use of marketing media supplied to VisitAberdeenshire.
ii. Permission to use images and footage
- You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the relevant material to this VA Content Hub and to allow its use as an Asset by users of this VA Content Hub in accordance with these Terms and Conditions.
- By uploading, submitting, creating, modifying or transmitting any material to this VA Content Hub, You (a) grant Us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable licence to publicly display, communicate to the public, and make the material available (by all means now known or hereafter developed) to other users of this VA Content Hub and other users of Our services in such manner as We may permit from time to time; and (b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your material, or for the granting of the rights set out above.
- You are solely responsible for the material that you make available through this VA Content Hub. You represent and warrant that any material you make available (a) does not infringe any copyright, privacy right, or any other right of any third party; and (b) does not contain any matter which is defamatory, offensive, unlawful or that may damage Our reputation.
- You agree to fully indemnify Us from any and all third-party claims, liability, damages and costs arising from Your actions or the material that You make available.
- We have no obligation to You to make this VA Content Hub or any material or Assets available. We may, in Our absolute discretion, remove any material or Assets at any time. We may at any time edit, refuse to display, or remove any part of this VA Content Hub (including your material) as We deem appropriate.
- If VisitAberdeenshire engages and commissions You to create, edit and produce image(s) and/or video(s) (the “Production”) for use on any of Our websites, or in Our print publications, or for storage in this VA Content Hub, or otherwise for marketing Aberdeen & Aberdeenshire tourism and/or non-commercial purposes, You agree to the terms and conditions as set out in the following Digital Media Agreements, obtainable from the VisitAberdeenshire Marketing Team (email: firstname.lastname@example.org), which You will be expected to sign, accordingly:
i Assignation of Intellectual Property Rights
ii Location Release Form
iii Model Release Form
- 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 or publication of any Assets or its caption.
- Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from Your use of any Assets shall vest in Us and You hereby assign all such rights to Us.
- 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.
- Should any disagreement arise between Us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers' Liaison Committee.
- These Terms and Conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement of copyright or non-payment of Our invoices where it will be non-exclusive.