mygaelic.com Website Use Terms and Conditions

This website (the “Site”) is provided by Bòrd Na Gàidhlig, a non-departmental public body established pursuant to the Gaelic Language (Scotland) Act 2005, operating under the authority of the Scottish Ministers and having its place of business at Darach House, Stoneyfield Business Park, Inverness, IV2 7PA (“we” or “us”). Use of the Site is governed by these terms and conditions (the “Terms and Conditions”). Please read them now. If you are not willing to accept these Terms and Conditions you may not use the Site.

Any breach of the Terms and Conditions may, at our sole discretion, result in your rights to access the Site being suspended or removed.

Age Limit

The “My Account” section of the Site is intended for the use of persons aged 12 and over only. If you are aged between 12 and 15 the consent of your parent or guardian is required before you can use “My Account”.

You may only register for “My Account” on-line if you are aged 16 or over. If you are aged between 12 and 15 you will be permitted to register for “My Account” once we have received a signed parental consent form from your parent or guardian. If you are under the age of 12 you are not permitted to register for “My Account”.

We may at any time ask you for evidence to verify your age. If we believe that you are under the age of 12 or under the age of 16 without a valid consent from a parent or guardian, we may delete your profile and suspend without warning your access to the Site.

Disclaimer

The Site and its contents are for general information only and are provided “as is” and on an “as available” basis. Nothing on the Site is, or shall be deemed to constitute advice or any form of recommendation. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms. Specifically, we make no warranties, representations or undertakings about:

• any of the content of the Site (including, without limitation, any as to the quality, accuracy, currency, completeness or fitness for any particular purpose of such content); or
• any content of any other third party website referred to or accessed by hypertext link through the Site.

We make no guarantees that the Site is free from so called computer viruses. It is strongly recommended that you check for such viruses before downloading the Site or any of its contents.

Links

The Site contains links to websites operated by third parties (“Third Party Websites”). We do not control Third Party Websites, and are not responsible for their content. The inclusion of such links does not imply any endorsement or approval of any products, information, materials or services offered or provided on Third Party Websites, or any association with their operators.

Liability

We accept no liability for any claims, penalties, loss, damage or expenses howsoever arising from: any reliance placed on the content of the Site; the use or inability to use the Site; the downloading of any materials from the Site; or any unauthorised access to or alteration to the Site. This clause shall not exclude liability for death or personal injury caused by our negligence.

Intellectual Property

The content of the Site (including, but not limited to all text and artwork) is protected by copyright. The copyright is owned by us or is otherwise licensed from a third party for use by us. The Site contains registered and unregistered trade marks which we either own or are licensed to use.

You may view or download any part of the Site for private purposes, but you are not permitted, without our permission, to:

• store the Site, or any part of the Site, for any other purpose;
• print copies of the Site, or any part of the Site, for any other purpose;
• reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium.

All other rights which are not specifically granted are reserved.

User Content

The “My Account” and “User Writings” sections of the Site give you the option to send us content to be posted on the Site by us (“User Content”).

By sending us User Content, you will be deemed to:-

(i) warrant to us that all registration information you submit, including age verification information if you are under 16, is truthful and accurate

(ii) consent to us editing that User Content at our discretion;

(iii) grant to us an irrevocable, worldwide, royalty free licence to use and publish that User Content for any purpose associated with our general objective of promoting, fostering and developing use of the Gaelic language in Scotland and worldwide;

(iv) irrevocably waive in our favour any moral rights you may have in such User Content in terms of Chapter IV Part I of the Copyright, Designs and Patents Act 1988, and any similar rights available in any part of the world ; and

(v) warrant to us that you are the owner of the copyright and other intellectual property rights in the User Content, that the User Content is your original work and that the User Content does not infringe the rights (including intellectual property rights) of any third party.

We do not guarantee that any User Content you submit will be posted on the Site.

Please note that comments made by other users of the Site which may be posted on the Site are provided for your information only and do not necessarily represent our views and opinions.

User Conduct

You undertake that you will:-

• not use the Site for any purpose which is unlawful, or which may harass or cause distress or inconvenience to any person including but not limited to making available defamatory material; and
• not use the Site to transmit, distribute or make available any information which contravenes any applicable law or any person’s legal rights including but not limited to copyright, trademark, privacy or other personal or proprietary rights.

Take Down Notice Policy

This section of the Terms and Conditions sets out our policy on removal of User Content (our “Take Down Notice Policy”). In the event that you consider your rights to have been infringed by another user’s conduct it is our intention to respond to all clear notices of copyright infringement, defamatory content or otherwise via our Take Down Notice policy.

If you believe that your own copyrighted work is accessible on the Site in violation of your copyright or that obscene or defamatory comments have been made in relation to you, then you may submit a Take Down Notice. The following information must be included within the Take Down Notice:-

• identify in sufficient detail, the copyrighted work or intellectual property that you claim has been infringed so that the material can be located on the Site. Alternatively please provide sufficient details to locate the allegedly obscene or defamatory comments;
• the physical or electronic signature of the person making the complaint;
• sufficient contact details for the person making the complaint, including an address, telephone number and email address.

The Take Down Notice should be submitted to us at admin@mygaelic.com.

Upon receipt of a Take Down Notice we shall remove or disable access to the allegedly infringing material if we consider it appropriate to do so. We will also advise the alleged infringer of your claim.

In the event that a Take Down Notice is received in connection with any content which you have posted or made available on the Site, you consent to the release of your personal contact details in connection with any investigation of fraud, intellectual property infringement, piracy, defamation or other unlawful activity. Such personal information will only be released to the complainant where required by law. In such circumstances we may, if we are required to do so, disclose your name, home address and email address to the complainant or the complainant’s representatives.

“My Account”

“My Account” contains password protected areas which allow you to view certain selected content. You are responsible for maintaining the confidentiality of your password and user name and are fully responsible for all activities occurring under your username or password.

When selecting your privacy settings please consider carefully the number of people who may be able to view the information you post and whether it is safe to disclose that type of information. We recommend that you do not disclose your home address, telephone number, date of birth or work or school location in a way that could be accessed by strangers.

While the Site allows you to set privacy options that limit access to your pages, please be aware that no security measures are one hundred percent effective. Accordingly we cannot control the actions of other Users with whom you choose to share your pages and information and do not guarantee that User Content you post on the Site will not be viewed by unauthorised persons. We are not responsible for the circumvention of any privacy settings or security measures contained on the Site.

Service Access

While we endeavour to ensure that the Site is normally available 24 hours a day, we do not guarantee this and we shall not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Privacy Policy

Please read our Privacy Policy for details of how we use information about you.

Changes

We reserve the right to amend or replace the Terms and Conditions at any time. If we make any substantial changes we will notify you by posting a prominent notice on our Site.

Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the Laws of Scotland and any disputes that may arise will be subject to the jurisdiction of the Scottish courts.

Enquiries

For all enquiries please contact us at admin@mygaelic.com.