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Acceptable Use Policy

Acceptable Use policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE WEBSITE

WHO WE ARE
  • The terms of this acceptable use policy (this “Policy”) apply to our website at panmurehouse.org (the “Website”) and the services and content which Heriot-Watt University provides to you through the Website.
  • The Website is operated by Heriot-Watt University, a company established by Royal Charter in the United Kingdom with number RC000216 and a Scottish charity registered under number SC000278 and having its principal place of business at Riccarton, Edinburgh EH14 4AS, United Kingdom (”We”, “Us”, “Our”).  Our VAT number is: 270 8005 79.
WHAT’S IN THIS POLICY?

This Policy sets out the content standards that apply when you upload content to the Website, make contact with other users of the Website, link to the Website or interact with the Website in any other way,

BY USING THE WEBSITE YOU ACCEPT THESE TERMS

By using the Website, you confirm that you accept the terms of this Policy and that you agree to comply with them.  If you do not agree to the terms, you must not use the Website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

Our Website Terms of Use also apply to your use of the Website.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend this Policy from time to time. Every time you wish to use the Website, please check the Policy to ensure you understand the terms that apply at that time.

PROHIBITED USES

You may use the Website only for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Website Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the Website;
  • any equipment or network on which the Website is stored;
  • any software used in the provision of the Website; or
  • any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES

We may from time to time provide interactive services on the Website, including, without limitation, bulletin boards, discussion forms and/or chat rooms (the “Interactive Services”).

Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards in this Policy (the “Content Standards”) apply to any and all materials (including, without limitation, any images) which you post, upload and contribute to the Website (the “Contribution”), and to any Interactive Services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with Scots law and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity or activity likely to cause harm.
  • Be in contempt of court.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other websites.
BREACH OF THIS POLICY

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Website Terms of Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Website.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to the Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that (a) the terms of this Policy, its subject matter and its formation are governed by and interpreted in accordance with Scots law, and (b) you and we both agree that the Scottish courts will have exclusive jurisdiction except that (i) if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, (ii) if you are resident of England, you may also bring proceedings in England, and (iii) if you are resident in the European Union then, subject to Brussels I (recast) (or equivalent provisions) applying to the UK following Brexit, you may be able to raise a claim in the courts of the member state in which you reside or the Scottish courts.

In all other cases, the terms of this Policy will be governed by Scots law and subject to the exclusive jurisdiction of the Scottish courts.

Last updated 11 September 2020.