Orkney Folklore Trails

Terms of Use

This mobile application (the “App”) is made available by Robert Gordon University and Orkneyology.

You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use.  These App Terms should be read alongside our Privacy Policy. 

1. General Terms 

1.1. App and Related Terms                                

Depending on the version of the Application you have downloaded, these App Terms incorporate Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

1.2. Use of the App

The Orkney Folklore Trail hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”).  All other rights in the App are reserved by Robert Gordon University and Orkneyology.

In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Google (or any other third parties) in connection with your use of the App, you will be subject to Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

1.3. Intellectual Property

The Orkney Folklore Trail name and logo, and Orkney Folklore Trail trademarks, service marks, graphics, and logos used in connection with the App are trademarks of Orkney Folklore Trail (collectively “Orkney Folklore Trail Trademarks”). Other trademarks, service marks, graphics, logos, music and illustrations used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”).  The Orkney Folklore Trail trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Orkney Folklore Trail or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Orkney Folklore Trail and its licensors.

1.4. Prohibited Uses

You agree not to use the App in any way that:

• is unlawful, illegal or unauthorised;

• is defamatory of any other person;

• is obscene or offensive;

• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringes any copyright, database right or trade mark of any other person;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is likely to disrupt our service in any way; or

• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

1.5. Indemnification

You agree to indemnify Orkney Folklore Trail for any breach of these App Terms. Orkney Folklore Trail reserves the right to control the defence and settlement of any third party claim for which you indemnify Orkney Folklore Trail under these App Terms and you will assist us in exercising such rights.

1.6. No Promises

Orkney Folklore Trail provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Orkney Folklore Trail does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. 

To the fullest extent permitted by applicable law, Orkney Folklore Trail hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

1.7. Exclusion of Orkney Folklore Trail’s Liability

To the maximum extent permitted by applicable law, in no event shall Orkney Folklore Trail, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Orkney Folklore Trail assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

1.8. General

These App Terms shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the courts of Scotland to resolve any dispute between them arising under or in connection with these App Terms.

2. Contact Us

If you have any questions regarding our App, you can email us tales2trails@gmail.com 

Privacy Policy

Robert Gordon University in collaboration with Orkneyology built the Orkney Folklore Trail app as a free app. This app is provided by Robert Gordon University and Orkneyology at no cost and is intended for use as is.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The information that we collect will be used for academic research purposes to explore how this app is used and how it engages users with folklore on the Orkney Isles. No information collected is identifiable to a person and all data is anonymised. We will not share this information with anyone except researchers within Robert Gordon University and partners at Orkneyology.com 

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at Orkney Folklore Trail unless otherwise defined in this Privacy Policy.

1. Information Collection and Use

For a better experience while using our Service, we will require you to provide us with access to your GPS location. This information is anonymised and logged in a database. Information is also collected on app usage including logging timestamps related to when stories are opened and locations are visited. This information is retained by us and used to assess how this app is used for academic research purposes, and may be used to improve the app experience in the future. Please note that we cannot identity you through this information. 

We will also ask you to rate stories you listen to and fill in a survey at the end of the app. Please note that participation in this aspect is optional. The rating and survey do not request any information that will identify you, and will be stored on a secure server.

In addition, this app will also collect anonymised data through a third party service (Google Firebase) that includes information about user demographics including country or origin, phone type, gender and age group.

This app has been developed as part of an academic research project funded by Robert Gordon University. As a result we may publish findings from this research project relating to data collected. No data collected is identifiable to a person, and any publications issued following this project will be fully anonymised. 

2. Log Data

We want to inform you that whenever you use our Service, in case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your devices’s Internet Protocol (“IP”) address, device name, operating system version, configuration of the app when utilising our Service, the time and date of your use of the Service, and other statistics.

3. Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that not all of these external sites are operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

4. Children's Privacy Protection

This website is directed to adults. It is not directed to children under the age of 16. We operate our site in compliance with current regulations. Anyone under the age of 16 must provide parental consent to use this site. We do not knowingly collect or use personally identifiable information from anyone under 16 years of age.

5. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

6. Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us on Tales2Trails@gmail.com .

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Mermaid image (Rhonda's pages) and storyteller image (Tom's pages), and all other illustrations except where noted are here by the courtesy of our dear friend - Stromness author, artist and historian, Bryce Wilson MBE, who owns all copyrights. Thanks, Bryce!