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Terms and Conditions

Date of version:  XX 2017

 

Thank you for visiting this website.

These website terms of use (“Terms") apply to your use of this website and any and all other websites operated by BioMed Central Limited (each a "Site"). Please note that these Terms apply, regardless of the means of delivery of any Site to you. Any reference to ‘you’ or ‘your’ is a reference to you as a user of a BioMed Central website or service.

By using any Site, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using any Site. Please note that we may change these Terms from time to time without notice so you should review them each time that you visit any Site.

We draw your attention to the limitations on liability contained in clause 11 below and to the consents to data transfer and processing contained in clause 9 below.

In addition to these Terms each Site may have supplementary terms and conditions which apply to the Site(s) on which they appear or the services available on the Site ("Additional Terms"). Please ensure that you read any Additional Terms and the Privacy Policy as they form part of these Terms in respect of the Site(s) to which they relate. To the extent that the Additional Terms conflict with these Terms, the Additional Terms shall prevail (including, without limitation, any liability limitations or exclusions in the Additional Terms), but only in respect of the Site(s) on which they appear.


 

1. About us

1.1   Each Site is operated by BioMed Central Limited ("we", "us", "our"), a company registered in England and Wales (registered company number 03680030) with registered office at The Campus, 4 Crinan Street, London, N1 9XW, United Kingdom, VAT number GB 823 8263 26.

2. Contact us

2.1   For general comments on any Site, or to seek permission to do anything prohibited by or not contained in the applicable Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the ‘Contact’ page on the relevant Site.

2.2   We respect the intellectual property rights of others, and we request that our visitors do the same. It is our policy to terminate the accounts of users who repeatedly infringe the rights of others. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Springer Nature

233 Spring Street

New York, NY 10013

Attention: Regional General Counsel, Americas

e-mail: CopyrightAgent@springernature.com

2.3  Please include all of the following in your notification:

a.       A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

b.      a description of the copyrighted work you claim has been infringed;

c.       a description of where the material you claim is infringing is located on the site;

d.      your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;

e.      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

f.        a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.4   If you would like to report any defamatory content, please click here.

3. Using sites

3.1   Access to any Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason any or all Site(s) is (are) unavailable.

3.2   We may update any Site from time to time, and may change the content at any time. Please note that any of the content on any Site may be out of date at any time, and we are under no obligation to update it.

3.3   All articles published by us on this Site marked "Open Access" are licensed by the respective authors of such articles for use and distribution by you subject to citation of the original source in accordance with the relevant Open Access license. Each Open Access article will state which Creative Commons licence applies.

3.4   With the exception of material marked "Open Access" which may be used in accordance with the relevant Open Access license, you must not (whether directly or indirectly):

a)      distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of any Site or in any way seek to commercialise all or part of the combination of materials which together constitute the Site;

b)      distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from a Site, whether publically available or not, except as specifically permitted by that Site and in compliance with any applicable conditions or restrictions; or

c)       copy, download, or store any content, files, feeds or data from any Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material where you are able to show ‘fair dealing’ with it, in each case in accordance with the UK Copyright, Designs and Patents Act 1988;

d)      alter, adapt or reverse engineer any part of the Site.

3.5   You may only play video or audio files using the media player on any Site or on the website of one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are displayed through a third-party embedding service you must comply with all applicable conditions of that third party.

3.6   If you would like to ‘share’ a story, an application, or other content from any Site with somebody, please use the ‘SharedIt' facility or ‘share’ function (or such other similar feature) on the Site, or you may email a link to the Site to your friend or simply ask them to visit the Site. Please ensure that you have their consent before entering their details.

3.7   Whether or not you are a registered user, you must not abuse any Site’s ‘Report this Comment’ facility (or any similar feature) (such as, without limitation, by making malicious reports).

3.8   You are solely liable and responsible for any third-party charges incurred by you in accessing and using any Site, including in particular any network charges for fixed or mobile internet use.

4. Linking

4.1   You may establish a link to one or more website(s), provided that:

a)      the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;

b)      such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);

c)       the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity (websites of any such nature being referred to as an "Unacceptable Forum");

d)      the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and

e)      framing of any Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.

4.2   We may withdraw your right to link to any Site without notice and at any time (acting in our sole discretion).

4.3   Subject to these Terms and to applicable Additional Terms you may only include links on any Site to third party websites or webpages if:

a)      the third party website is not an Unacceptable Forum, and the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.6;

b)      the terms of use of such websites or webpages allows such linking;

c)       links are clearly and visibly marked as such;

d)      the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and

e)      the link will not result in any automatic download.

4.4   Where any Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.

5. Registration

5.1   Where you are required to register to use a Site or part of a Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.

5.2   Unless stated otherwise, each registration is for a single user only and not for multiple users. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.

5.3   Your registration with any Site must be in your own, real, name, not under any false or assumed name and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for any Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.

5.4   You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.

5.5   We may suspend, terminate or prevent your account and/or your access to any or all Site(s) at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.

5.6 For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to any Site, we may continue to publish or use your Content (as defined in clause 6) in accordance with the provisions of the applicable Terms.

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