Use of our website

RBGE or its licensors or contributors own the copyright and all other intellectual property rights in the material on the Sites. You may not copy, reproduce, republish, download, post, broadcast, transmit, adapt or otherwise use any material on the Sites other than for your own personal, non-commercial use.

You may not use the Sites:

• for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
• in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Sites by any person;
• for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
• for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Sites, without written permission from RBGE;
• to transmit or re-circulate any material obtained from the Sites to any third party, without written permission from RBGE;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
• in any way that might bring RBGE into disrepute.

Commentary and other materials posted on the Sites are not intended to amount to advice on which reliance should be placed. RBGE therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Sites, or by anyone who may be informed of any of its contents.

• RBGE shall have the right to refuse to allow you access to the Site or any part of it at any time and for any reason without giving you any advance notice.
• RBGE shall have the right at any time and for any reason to remove from the Sites any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice.

• Whilst effort has been taken to ensure that the Site is free from viruses, RBGE gives no warranties that it is indeed free from viruses. You are responsible for ensuring that you have installed adequate virus checking software on your computer.
• RBGE shall not be responsible for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the Site or any other internet site.
• You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

• Some of the pages on the Sites include linkto external websites. These are provided for your convenience only. RBGE does not endorse and is not responsible for the content of these external websites.
• You may link to the home page on the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• You must not establish a link from any website that is not owned by you.
• The Sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. RBGE reserves the right to withdraw linking permission without notice.
• If you wish to make any use of material on the Sites other than that set out above, please address your request to webmaster@rbge.org.uk

RBGE is registered under, and will process your personal data in accordance with, data protection legislation. RBGE processes information about you in accordance with the Privacy Notice. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate. For more information, see the Privacy Notice.

• Whilst every effort has been taken to ensure the accuracy of the information on the Sites, no warranty is given as to its accuracy or completeness.
• RBGE cannot guarantee that you will have uninterrupted access to the Sites.
• Notwithstanding anything else in these terms and conditions of use, to the fullest extent permitted by law RBGE excludes all warranties (whether express or implied) and all liability to you in respect of the Sites, its content and your use of it.
• This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

These terms and conditions of use shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising in relation to the Sites shall be subject to the exclusive jurisdiction of the Scottish courts.

If and to the extent that any of these terms or conditions of use should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions of use shall survive and continue to be binding and enforceable.

All efforts have been made to ensure that material on the RBGE website does not infringe anyone’s copyright or other rights.  If, however you believe that there is material present which should not be there, please email us at: takedown@rbge.ac.uk  or in writing at: Notice and Takedown, Royal Botanic Garden Edinburgh, 20a Inverleith Row, Edinburgh EH3 5LR.

When contacting us, please fully identify the complainant and specify the allegedly infringing material in as much detail as possible, including the exact and full URL where you found the material.

Please also confirm that (delete as applicable):

I/we own or am authorised to represent the owner of intellectual property rights in the protected material and / or I have moral rights in the protected material

I/we hereby give notice of:

Unauthorised use by reason of reproduction and/or making available the protected material; and/or

Breach of the moral right of [paternity/integrity/right not to have my work subjected to derogatory treatment]

I/we hereby request, with reference to the subject of this complaint, you:

Remove it from the website; and/or

Cease further use of the material; and/or

Withdraw from circulation any materials that include it.

I/we attach/direct you to the following additional information which supports my/our complaint

I/we warrant that the information contained here is accurate

Upon receipt of notification the ‘Notice and Takedown’ procedure is then invoked as follows:

1. The RBGE will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.
2. Upon receipt of a valid complaint the material will be temporarily removed from the RBGE website pending an agreed solution.
3. Appropriate steps will be taken to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

• The material is replaced on the RBGE website unchanged.
• The material is replaced on the RBGE website with changes.
• The material is permanently removed from the website.