Terms & Conditions

Mobile App

This sets out the Terms and Conditions (“Terms”) on which Play Scotland whose registered office is at Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK with company number: 017765 and registered charity number: SC029167 (“We”, “Us” Or “Our”) provides you (“You” Or “Your”) with access to the ‘Boredom Busters’ App and Services as defined below.

Please read these terms very carefully. You acknowledge and agree that by clicking on “I Accept” when prompted in the Boredom Busters application or service, you signify that you have read, understood, and agree to be bound by these terms. If you do not accept these terms, you will not be able to use the Boredom Busters app. You are advised to print and retain a copy of these terms for your future reference.

1. Definitions

“App” means the object code form of the Boredom Busters mobile application(s), available for download through the Apple, Windows, Google Play and Amazon App stores. “Content” means the videos available in the App free of charge.
“Services” means any and all services accessed through the App.
“Video Upload Service” means the upload of personal video clips via the App

2. Information about Boredom Busters

2.1 The Boredom Busters App is owned and managed by Play Scotland (“Play Scotland”). All information supplied through the Services are managed by Play Scotland.

2.2 Play Scotland can be contacted by email at boredombusters@playscotland.org or by post to Boredom Busters, Play Scotland, Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK.

2.3 By using the Service, you warrant that:

2.3.1 you are legally capable of entering into binding contracts; and

2.3.2 you are 18 years old or above.

3. Use of the App

3.1 Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, terminable licence to download, install and use the App on your mobile device. This licence is in respect of your use of the Services for your own personal, non-commercial purposes only.

3.2 Except as expressly permitted in these Terms, you shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or your right to use the App; (iv) remove or modify any copyright, trade mark, or other proprietary notices belonging to us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.

3.3 We will use our reasonable endeavours to make the Services available to you at all times, but we cannot guarantee that the Services will be uninterrupted or fault free.

3.4 We reserve the right to make changes to the Services or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Services.

3.5 Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Services at any time without notice to you in the event you breach any of the provisions herein.

3.6 In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorised use of the Services, and/or your use of the Services is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Services and, in the case of illegal use, instigating legal proceedings.

4. Content within the App and Registration

4.1 Use of the App is provided free of charge.

4.2 You may access certain video Content without providing us with any personal information. By registering with us as part of the Video Upload Service, you consent to us conducting verification and security procedures in respect of the information provided by you during the registration process.

4.3 Where you register with us, you hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided.

4.4 You shall keep any login details and/or password confidential and secure. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend access to the App in the event we have any reason to believe that you have breached any of the provisions set out herein.

5. Use of the Services

5.1 Where you access the Services through the App, you acknowledge and agree that:

5.1.1 Play Scotland is in no way linked, connected or affiliated with Apple, Amazon, Google Play, Windows or Android;

5.1.2 access to and use of the Services may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;

5.1.3 You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a good 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.

5.1.4 neither your airtime provider nor any App store or kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, support or performance or non-performance of the App;

5.1.5 your airtime provider and any App kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) are third party beneficiaries in respect of this clause 5.1 and accordingly have the right to enforce the provisions of this clause 5.1;

5.1.6 Play Scotland is solely responsible for providing any support and maintenance in respect of the App; and

5.1.7 you will comply with any applicable third party terms and conditions in your use of the App.

5.2 Further, where you access the Services via an App obtained from the Apple ‘App Store’, you acknowledge and agree that:

5.2.1 you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;

5.2.2 you are not listed on any US Government list of prohibited or restricted parties;

5.2.3 these Terms are concluded between you and Play Scotland and accordingly Apple is not a party to these Terms;

5.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;

5.2.5 if the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;

5.2.6 Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;

5.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and

5.2.8 ‘AppStore’ and ‘Apple’ are trademarks of Apple Inc.

5.3 Further, where you access the Services via an App obtained from the Windows Phone Marketplace, you acknowledge and agree that you may install and use one copy of the App on up a maximum of five mobile devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Phone Marketplace account. You may not install or use a copy of the App on a device you do not own or control.

6. Your Obligations

6.1 You shall, at all times:

6.1.1 comply with all applicable laws, regulations, directives and legislations in your use of the Service;

6.1.2 comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Service;

6.1.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service;

6.1.4 not use the Services and/or any knowledge, information, know-how and/or expertise derived from using the Services to commit any criminal act;

6.1.5 not use the Services and/or not do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties;

6.1.6 ensure your mobile device:

6.1.6.1 complies with the minimum specifications required by the App store or kiosk from which you downloaded the App, for your mobile device to install and use all features of the App; and

6.1.6.2 contains adequate anti-virus protection; and you acknowledge that we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your mobile device due to your use of the App.

7. Term and Termination

7.1 These Terms will remain in full force and effect while you use the Service.

7.2 We may, at any time and for any reason, terminate these Terms with you and deny you access to the Service. In the event of termination of these Terms for any reason, you must not attempt to use the Service.

7.3 Sections 3.2, 3.3 and 4 to 11 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

8. Intellectual Property

8.1 Other than in relation to any links to third party websites, we own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the Content contained therein to you. All rights in and to the App or Content not expressly granted to you are reserved by us.

8.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the Content for your personal use only.

8.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.

8.4 Any video clips created by you using the Boredom Busters App that are not submitted for possible inclusion in the Boredom Busters Channel using the Video Upload Service remain your sole property and you retain all ownership rights.

9. Warranties

9.1 Any Content, information or material provided to you as part of the Services is provided on an ‘as is’ basis for your convenience only. Such Content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Services, and any Content, information or materials provided therein.

9.2 We provide the App and the Content therein for your enjoyment. However, we make no warranties and assume no responsibility for any of the Content, the quality or Content of the same. Where you access any of the Content, you do so entirely at your own risk.

9.3 Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.

10. Liability

10.1 Use of the App is provided free of charge.

10.2 Subject to clauses 9.3 and 9.4, our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed £50 in the 12 months preceding any such claim.

10.3 We shall not be responsible for any:

10.3.1 losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms; or

10.3.2 loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.

10.4 We accept and do not limit our liability to you for the following categories:

10.4.1 death or personal injury;

10.4.2 negligent misrepresentation, fraud or fraudulent misrepresentation;

10.4.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

11. Data Protection and Privacy

11.1 We are committed to protecting (i) your privacy; and (ii) the confidentiality of the information provided by you using the App. For the purposes of the Data Protection Act 1988, the data controller is Play Scotland, Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK.

11.2 Where you provide any personal information through the App, for example where you register to use the Video Upload Service, we shall use that information for the following purposes:

11.2.1 to assist in providing you with the Service;

11.2.2 to inform you about changes to the Service; and

11.2.3 to inform you about additional Content and features of the Boredom Busters App or associated Play Scotland Services.

11.3 Where we contact you in relation to any of the purposes in clause 11.2, we will only do so by email. If you do not want us to do so, you can opt out at any time either by clicking on the ‘Opt out’ or ‘Unsubscribe’ link included in any email from us.

11.4 We may disclose your personal information to third parties:

11.4.1 in the event that we sell or buy any business or assets or Play Scotland is acquired by a third party; or

11.4.2 if we are required to do so in order to comply with any legal obligation, or in order to enforce these Terms.

11.5 All information you provide to us is stored on our secure servers. These servers may be located outside the European Economic Area ("EEA"), and accordingly your data may be transferred and stored outside the EEA but only where we have taken steps to ensure that there is an adequate level of data protection in place in the host jurisdiction. By submitting your personal data, you agree to this transfer and/or storing. We will take all steps reasonably necessary to ensure that your data ist reated securely and in accordance with data protection principles. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

12. General

12.1 You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Service.

12.2 These Terms may only be modified with our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Services after such alteration, you will be deemed to have accepted any amendment to these Terms.

12.3 These Terms and their performance shall be governed by and construed in accordance with the laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the courts of Scotland.

12.4 You shall comply with all foreign and local laws and regulations which apply to your use of the App in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

12.5 You agree that because of the unique nature of the App, and our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm us and monetary damages would be inadequate compensation. Therefore, you agree that we shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

12.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

12.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.

12.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

12.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.

12.10 If you feel that any materials appearing on the App are offensive, objectionable or potentially defamatory please contact Play Scotland by email at boredombusters@playscotland.org or by post at Boredom Busters, Play Scotland, Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK providing full details of the nature of your complaint and the materials to which the complaint relates.

Video Upload Terms

These Video Upload Terms and Conditions ("Boredom Busters Video Upload Terms") govern the relationship between you and Play Scotland, whose registered office is at Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK with company number: 017765 (“Play Scotland”) when you upload personal video clips via the Boredom Busters mobile applications and/or websites ("Upload Service"). Video clips submitted and accepted by Play Scotland may be used throughout all Boredom Busters and Play Scotland services, marketing and promotional activities via broadcast, online, offline and mobile platforms (“the Channel”).

You should read these Boredom Busters Video Upload Terms carefully before using the Upload Service. By accessing and using the Upload Service, you agree to be legally bound by these Boredom Busters Video Upload Terms. If you do not agree with any of those terms then you should not use the Upload Service.

Privacy

Please read Play Scotland’s Privacy Policy, which you can view at Play Scotland.com/privacy. The Privacy Policy contains important information about the use of your personal data which you submit through the Upload Service, as well as other information regarding your privacy.

Registration

In order to use the Video Upload Service you must register your details and accept these terms of use for the Upload Service. You promise that all information and details provided are true, accurate and up to date in all respects and at all times. The information you provide will allow Play Scotland to notify you every time a video is uploaded using the Video Upload Service to ensure that the Content meets your approval and acceptance under these terms.

Submitting your video clip

Once you have registered using the Boredom Busters mobile applications and/or websites, you may submit as many home video clips as you want using the Video Upload Service (with each such video clip being a "Submission"). You retain all ownership rights in any Submission you make, however if Play Scotland decides to have your Submission accepted for possible inclusion in the Channel you will be required to transfer all your ownership rights in the Submission to Play Scotland

If you have granted any other party the right to use your Submission, then Play Scotland may not be able to short-list the Submission as Play Scotland generally requires exclusive rights.

After successfully making your Submission

Once your Submission has been successfully uploaded, you will receive a 'confirmation of receipt email'. This confirmation will also provide you with your own Clip Reference Number. If you do not receive this confirmation, please contact Play Scotland.

After Play Scotland has reviewed your Submission, Play Scotland may decide to include it on the Channel. By agreeing to these Video Upload Terms and Conditions you agree to transfer all your ownership rights in the Submission to Play Scotland.

Play Scotland gives no promises and offers no guarantees that your Submission will be selected for inclusion as part of the Channel. Your Submission will remain on Play Scotland’s files whilst being considered for inclusion. At any time you have the right to withdraw your Submission for any reason, by notifying Play Scotland by email at boredombusters@playscotland.org, or if you are unable to contact Play Scotland by email, then by post to Boredom Busters, Play Scotland, Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian, EH25 9RE, Scotland, UK.

For the avoidance of doubt Play Scotland is not required to make payment of any kind whatsoever for repeat broadcasts and usage of your Submission on the Channel.

Contact Details

Your email address may be shared with other Play Scotland partner companies and used for the purpose of contacting you in relation to your Submission and its possible inclusion in the Channel, or otherwise in accordance with the Play Scotland Boredom Busters Terms & Conditions. If you do not consent to your personal data being shared with Play Scotland partner companies then do not use the Video Upload Service.

To change or update your contact details, please email boredombusters@playscotland.org, or if you are unable to contact Play Scotland by email, then write to Boredom Busters, Play Scotland, Midlothian Innovation Centre, Pentlandfield, Roslin, Midlothian EH25 9RE, Scotland, UK.

Competition

Upload your film for a chance to win £50 Amazon vouchers every month.

The promoter is Play Scotland. Play Scotland is a registered charity. Company Number: 017885. Scottish Charity Number: SC029167. Head Office: Midlothian Innovation Centre, Pentlandfield, Roslin EH25 9RE.

The competition is open to residents of the United Kingdom except employees of Play Scotland and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

There is no entry fee and no purchase necessary to enter this competition. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

Multiple entries from the same person will be accepted. The closing date for entries will be the last day of every month. Any further entries after this date will be entered into the following month.

The competition will run for 6 months covering the following monthly periods: June 2016, July 2016, August 2016, September 2016, October 2016, November 2016. The competition closes on the 30th November 2016. No responsibility can be accepted for entries not received for whatever reason.

The rules of the competition and how to enter are as follows:

The entrant must first download the Boredom Busters mobile app for iOS or Android. He/she must record and upload a film using the Boredom Busters app to the You Tube Channel. The film must be approved by the Boredom Buster moderators. The Boredom Buster moderators will select the best approved film every month. Their decision is final.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition. The prize is as follows: a £50 gift card for Amazon. This will be supplied by email to the prize winner and can be redeemed on Amazon.co.uk.

The prize is as stated and no cash or other alternatives will be offered.

The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

Winners will be chosen by an independent adjudicator appointed by Play Scotland. The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. The promoter will notify the winner when the prize will be delivered.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by Scottish law and any disputes will be subject to the exclusive jurisdiction of the courts of Scotland.

The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Entry into the competition will be deemed as acceptance of these terms and conditions.

Play Scotland shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage. Play Scotland also reserves the right to cancel the competition if circumstances arise outside of its control.