TERMS AND CONDITIONS OF USE:
The ImageBank is a collection of Bioscience images collated by the Centre for Bioscience and the Higher Education Academy, between 2003 and 2011. Images are provided for use in learning and teaching subject to agreement with the terms and conditions below. Contributors include academics, industry, learned societies, individuals and research institutions.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Images and service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or our entire Site to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
Use of the Images
Access to and uses of the ImageBank materials ("Images") are contingent upon your agreement to the following terms:
* Images may only be freely downloaded and used for learning and teaching purposes for non-profit purposes only.
Acceptable uses include: academic web pages, lectures, PowerPoint presentations, within computer-aided learning materials, online tutorials, tests, coursework, student presentations/projects, school reports.
* Users may not use Images for commercial or for-profit purposes.
Commercial for-profit use includes, textbooks, magazines, journals, other printed media that is sold for profit, web pages for commercial purposes, paid consulting work on behalf of non-profit or profit agencies.
You may not remix, adapt, alter, amend, transform or build upon the Images or share, copy, reproduce, distribute, sub-license and transmit the Images without the Higher Education Academy's consent (not to be unreasonably withheld).
Images must not be modified beyond resizing, reducing resolution, image file format conversion, adding appropriate labels.
The user must return an Image (including any electronic copies) should the Higher Education Academy request it.
Copyright in the Images within the ImageBank resides with the original copyright holder (e.g. the author or contributing institution). The Images are licensed for use by to the Higher Education Academy.
You must always attribute the authors of the Images (but not in any way that suggests that they endorse you or your use of the work).
The Image author (usually the contributor) and the copyright holder must be acknowledged in any use of the Image. Such acknowledgement must be distinct and visible wherever the Image is used e.g. 'A photograph of an African elephant: Author/contributor: Dr J. Bloggs, © University of Leeds, licensed for use by the Higher Education Academy through the http://www.bioscience.heacademy.ac.uk/imagebank/.
Our Site Changes Regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Uploading Material to our Site
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, Hacking and Other Offences
You must not misuse our site 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 our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
You may link to our home page, 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.
Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please contact the Higher Education Academy 01904 717 500.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Disclaimer and Indemnity
Although every effort has been made to ensure the rights in all Images within ImageBank have been cleared for educational purposes, Images are taken and used entirely at the users own risk.
The Images and associated descriptions have been derived from bioscience academics, Learned Societies, industry, individuals or subject specialists. Although efforts have been made to ensure the quality of the resource, the Higher Education Academy cannot be held responsible for any defect, omission, error or inaccuracy, in the Images and associated descriptions provided. All implied warranties excluded.
The Images and material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we , other members of our group of companies and third parties connected to use hereby expressly exclude:
* All condition, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
* Any liability for any direct ,indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including:
1. loss of income or revenue;
2. loss of business;
3. loss of profited or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time: and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
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.
If a user is in breach of the above terms or incurs any liability for the Higher Education Academy through its use of any Image the user shall indemnify the Higher Education Academy against all of its costs and expenses arising.
Any of the above conditions can be waived if the Higher Education Academy agrees in writing to waive such conditions.
Third Party Rights
No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
No Partnership or Agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of another party, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
Governing Law and Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims.)
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