Terms & Conditions
The terms and conditions of use may change from time to time. Regularly reviewing these pages ensures you are always up to date. It will also ensure you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.
Please contact us if you have any questions about these terms and conditions of use.
The Scottish Government seeks to ensure that the information published on its websites is up to date and accurate. However, the information on the website does not constitute legal or professional advice and is not a substitute for professional consultation with a qualified expert or practitioner. The Scottish Government cannot accept any liability for actions arising from its use. Views and recommendations of third parties, which are also included in areas of this site, do not necessarily reflect the views of Active Nation or The Scottish Government. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all opinions, advice, services and other information provided on the site.
The Scottish Government cannot be held responsible for the content of any pages referenced by an external link. If you use another site linked from this site you do so at your own risk and acknowledge that you will no longer be subject to the terms and conditions of this site but may be subject to the terms and conditions of the linked site.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy our particular requirements for the accuracy of data input and output.
The Scottish Government reserves all intellectual property rights, including copyright and trade marks on the Active Nation website. You may print single copies of any pages of this website for your own personal and non-commercial use but must not otherwise reproduce any material on this website in any form without permission.
Modifications to Offering
The Scottish Government reserve the right to alter, suspend or discontinue any aspect of the site or the services provided through it, including your access to it. Unless explicitly stated any new features on the site shall be subject to these terms and conditions.
Community Areas and Public Forums
“Community Areas” and “Public Forums” mean areas of the site or features provided as part of the site that offer the opportunity for users to submit, post or share user content for viewing by one or more site users in publicly accessible areas of the site. These include public forums, photo and video uploads, publicly posted goals, profile page, blogs, e-mail functions and other areas of the social community environment that are open to both members and non members of the site.
The Scottish Government reserves the right to withhold or remove any material posted on the website that is considered dangerous or harmful, and to terminate your participation at our discretion by cancelling your registration if you disregard the terms and conditions of use, which form a legal agreement between you and The Scottish Government.
To make a posting within the community sections of the Active Nation website (i.e. contribute to a forum, post a message or upload an image or post a personal goal) you must first register to do so. To register, you have to provide personal information such as your name, postcode and email address. If you do not want to provide these details, you will be able to view public information and posts but not create or reply to posts or set a personal goal.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you.
Password & Security
When you register as a member you will be asked to provide a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account and password. You must notify Active Nation immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. You also agree to ensure that you exit from your account at the end of each session. The Scottish Government cannot and will not be liable for any loss or damage arising from your failure to com ply with this section.
You agree not to use the Active Nation website:
- For any unlawful purposes;
- To upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- To upload, post, email, transmit or otherwise make available any Content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to The Scottish Government;
- To harm minors in any way, including, but not limited to content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- To impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Active Nation website;
- To transmit, upload, post, email, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- To upload, post, email, transmit or otherwise make available any material that is likely to cause harm to the Active Nation website or anyone else’s computer systems, including but not limited to that which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To "stalk" or otherwise harass another; and/or;
- To collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through (9) above.
You acknowledge, consent and agree that The Scottish Government may access, preserve and disclose your account information and Content if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions of usage; (iii) respond to claims that any Content violates the rights of third parties.
User Posted Content
By user content we mean all text, messages, images, graphics, video, tags, sound data, profiles, drawings, performances and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Active Nation website.
You acknowledge that the community areas of the site and the forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these media and you make such disclosures at your own risk.
You are and shall remain solely responsible for the content you submit on or through the Active Nation website under your username or otherwise by you in any public forum and for the consequences of submitting and posting same. You are responsible for all of the images you upload through the site.
You acknowledge that the use of any content posted in any public forum or community areas is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any public forum and we specifically disclaim any and all liability in connection therewith.
Ownership of content
You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related to the site, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, shared or copied using the site.
The Scottish Government does not claim ownership of content you submit on to the Active Nation site. However with respect to content, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Our Active Nation you grant a perpetual, nonexclusive and royalty-free license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the site for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the site and will terminate at the time you remove or we remove such Content from the site unless your content has been shared with others, and they have not deleted it.
When you delete content from the Active Nation site it is deleted in a manner similar to emptying the recycle bin on a computer. Therefore, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
By submitting ideas, suggestions and feedback (“Contributions”) to Active Nation through forums or feedback pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Active Nation is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of Active Nation without any obligation to you; and (d) you are not entitled to any compensation or reimbursement of any kind from Active Nation or The Scottish Government for your contributions.
User Content Moderation
The Scottish Government and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse, or remove any content that is submitted to the Active Nation website. Without limiting the foregoing, The Scottish Government and its designees shall have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable.
You agree to indemnify and hold The Scottish Government and its subsidiaries, affiliates, officers, employees and partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Active Nation site, your use of the site, your connection to the site, your violation of the Terms and Conditions of the site, or your violation of any rights of another.