Terms & Conditions
Welcome to the Highland Music Trust website - these are our terms and conditions for use.
Use of material appearing on the Highland Music Trust website
Your use of the Highland Music Trust website is for your own personal and non-commercial use only. The Highland Music Trust website is protected by the copyright laws and other intellectual property laws of the United Kingdom and protected globally by applicable international copyright treaties.
You may download and print the relevant free documents from the Highland Music Trust website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
You may not use any Highland Music Trust website material for any other purpose without our prior written approval. Except as expressly authorised by the Highland Music Trust, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Highland Music Trust website
If you wish to use our content other than as permitted by these terms and conditions, please contact us at firstname.lastname@example.org.
Disclaimer of liability
To the extent permitted by law, we do not accept any responsibility for any statement in the Highland Music Trust website. Nothing in the Highland Music Trust website is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Highland Music Trust website or any part of it. You can access other sites via links from the Highland Music Trust website. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Highland Music Trust website or its content. In particular, we do not warrant that the Highland Music Trust website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Highland Music Trust website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the Highland Music Trust website from the United States or Australia, the additional disclaimers and limitations of liability in Sections 10 and 11 and apply.
Users of our site may be permitted to submit content for publication in various areas of the Highland Music Trust website. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Highland Music Trust website.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Highland Music Trust website.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Highland Music Trust website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of the Highland Music Trust, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Highland Music Trust website.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Highland Music Trust website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Highland Music Trust website or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Highland Music Trust website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Highland Music Trust website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Highland Music Trust website may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The Highland Music Trust website assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Highland Music Trust website.
If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed in the first instance to office@highlandmusictrust.
In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Highland Music Trust website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Highland Music Trust website after it has been posted.
Governing law & jurisdiction (except for US users)
These terms and conditions are governed by Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of the Highland Music Trust.
Additional restrictions on user content for US users
In addition to section 6 the terms in Section above, you agree not to use the Highland Music Trust website to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Highland Music Trust website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- identification of the copyrighted work or works claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- your contact information including name a address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- your physical or electronic signature;
Notifications of claimed infringement need to be sent to:
email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Visitors to the Highland Music Trust website agree that their use of the Highland Music Trust website is at their own sole risk. The Highland Music Trust website is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Highland Music Trust website; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. The Highland Music Trust website also makes no representations and warranties as to any linked sites and the Highland Music Trust website has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Highland Music Trust website may represent the opinions and judgments of providers or users, such as user content. The Highland Music Trust website and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Highland Music Trust website by anyone other than authorised Highland Music Trust website employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Highland Music Trust website, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Highland Music Trust website; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. The Highland Music Trust website does not warrant or guarantee that access to the Highland Music Trust website will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL THE HIGHLAND MUSIC TRUST OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE HIGHLAND MUSIC TRUST SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE HIGHLAND MUSIC TRUST SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 13 APPLIES EVEN IF THE HIGHLAND MUSIC TRUST SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, THE HIGHLAND MUSIC TRUST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING THE HIGHLAND MUSIC TRUST’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by the Highland Music Trust of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 2, 12 and 13 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on the Highland Music Trust are expressly excluded under these terms and conditions.
Non-Excludable Obligations (for Australian users)
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), the Highland Music Trust liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Page Last Updated: 01 July 2022