COMPANY OF BIOLOGISTS LIMITED
TERMS AND CONDITIONS OF USE FOR WEBSITE
1 LEGAL AGREEMENT
1.1 The terms and conditions set out herein (these “Terms”) shall apply to the website located at http://www.biologists.com and all related URLs accessible through it and which are hosted by or on behalf of the Company of Biologists Limited including http://thenode.biologists.com (collectively the “Website”).
1.2 The Website is owned and operated by The Company of Biologists Limited of Bidder Building, Station Road, Histon, Cambridge, United Kingdom CB24 9LF (“the Company”, “we” or “us”).
1.4 By accessing and using this Website (or any part of it), you hereby accept, without limitation or qualification, these Terms without modification. If you do not wish to be bound by the Terms you should not access or use the Website.
1.5 The Company may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
2 USE OF THE WEBSITE
2.1 Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide the Company with any optional information requested.
2.2 Other than in respect of any blogs or other interactive elements of the Website, all intellectual property rights in or to the information and graphic representations or images on the Website (collectively “Content”), are owned by, or licensed, to the Company. No warranties or representations are made by the Company as to ownership of or rights to any content contained in blogs or other interactive elements of the Website.
2.3 You agree not to:
2.3.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
2.3.2 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
2.3.3 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
2.3.4 damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
2.3.5 use the Website in any way to send unsolicited (commercial or otherwise) e-mail, “spam” or any material for marketing or publicity purposes, or any similar abuse of either;
2.3.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
2.3.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
2.3.8 falsify the true ownership of software or other material or information contained in a file made available via the Website; or
2.3.9 obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
2.4 Without limitation to the foregoing, you hereby undertake to the Company that you will not use the Website for any purpose or in any way that is prohibited by these Terms or any Acceptable Use Policy or which is otherwise unlawful.
3.1 Unless otherwise agreed by the Company, any password and user name issued to you by the Company is solely for your personal access to relevant sections of the Website requiring secure access, as a single user or representing a specified group. You must keep this password and user name strictly confidential and, unless expressly agreed otherwise by the Company in writing, you must not share or disclose your user name or password to or with any other person nor with multiple users on a network. You must always use this password and user name when accessing such sections of the Website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur through use of your password or account. You agree (a) immediately to notify the Company of any unauthorised use of your password or account or any other breach of security, (b) to ensure that you exit from your account at the end of each session, and (c) to take all reasonable security measures in relation to your use of such sections of the Website.
4 USE OF THE WEBSITE
4.1 By posting or otherwise uploading any material (including any text, photographs, graphics, video or audio) on the Website or any part thereof you hereby grant to us, free of charge, permission to use such material in any way (including the right to modify and adapt it) in and on any media worldwide. For the avoidance of doubt, you shall retain copyright in your material.
4.2 You hereby confirm that any material posted or otherwise uploaded is your own original work or has permission of the owner and is not defamatory and does not infringe any UK laws, and that you have the right to give the Company permission to use it for the purposes specified in paragraph 4.1.
4.3 You agree and acknowledge that you have elected to post or otherwise upload material in your sole discretion and that the Company has no control over the content, accuracy or timeliness of such material. You are solely responsible for any claims or allegations contained in any material posted or otherwise uploaded.
4.4 You agree not to post or otherwise upload material to the Website or any part thereof which:
4.4.1 is considered likely to offend, provoke, harass or attack others;
4.4.2 is obscene, racist, sexist, homophobic, is discriminatory in any way, sexually explicit, abusive or otherwise objectionable;
4.4.3 contains swear words or other language likely to offend;
4.4.4 breaks any applicable laws or condones or encourages unlawful or unsafe activity, including the infringement of another person’s intellectual property rights;
4.4.5 reveals confidential information of a person who has not permitted its disclosure;
4.4.6 advertises products or services;
4.4.7 includes material which defames or is likely to defame another person or which is otherwise untrue;
4.4.8 is submitted as an impersonation of someone else;
4.4.9 includes the personal contact details such as phone numbers, postal or email addresses of you or any other person;
4.4.10 contains links to other websites, save where expressly permitted under the relevant Acceptable Use Policy;
4.4.11 is written in anything other than English (unless otherwise indicated); or
4.4.12 is considered to be off-topic for the particular message board / blog thread.
4.5 We reserve the right to remove any materials posted or uploaded to the Website for any reason including those set out above without providing an explanation for our decision. We reserve the right to block any user who materially and/or repeatedly breaches the Terms or any applicable Acceptable Use Policy.
5 LIABILITY OF THE COMPANY
5.1 You agree that you use the Website entirely at your own risk. Save in respect of death or personal injury caused by its negligence or in respect of any other liability which cannot be lawfully restricted or excluded under applicable law, the Company shall not be liable for any damages whatsoever or howsoever arising, including but without limitation, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, whether or not such loss was foreseeable and even if the Company has been advised of the possibility of damage.
5.2 In preparing this Website, the Company has endeavoured to ensure that information concerning its products and services is current, correct and clearly expressed. However, the Company cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
5.3 The Company makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. The Company expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. Without limiting the foregoing, we are under no obligation to monitor or moderate any blog, forum or other interactive part of the Website or any other third party content contained on the Website, and to the fullest extent permissible under applicable law we expressly exclude our liability for any loss or damage arising from (a) all content written or contributed to by third parties appearing on the Website including all articles written or contributed to by third parties in online journals, and (b) all content posted or uploaded by third parties on any blogs or other interactive parts of the Website (whether or not monitored or moderated).
5.4 The Website may contain advertisements. The Company is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
5.5 The Website may contain live data feeds and/or links to third party websites. The Company is not responsible for, and expressly disclaims all liability in respect of, all data and other content viewed, downloaded or otherwise received by you via any such data feeds or on or through any such third party websites.
5.7 The Company reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
5.8 The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website and/or any secured area of the Website with or without notice.
5.9 While certain precautions have been taken to detect computer viruses and ensure security, the Company cannot guarantee that the Website is virus-free or secure, or that it will always be available. To the fullest extent permissible by law, the Company shall not be liable for any loss or damage which occurs as a result of any virus or breach of security, or any such non-availability. The Company does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
6.1 The Company may in its sole discretion restrict or suspend your access to the Website:
6.1.1 where there is a regulatory or statutory change limiting the ability to provide access to the Website;
6.1.2 where there is any event beyond the reasonable control of the Company preventing the Company from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
6.1.4 in accordance with the Company’s rights of termination contained in any applicable Acceptable Use Policy.
7.1 The Company reserves the right (without accepting any obligation whatsoever to do so) to monitor and track your visits to the Website.
7.2 Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
7.3 A failure or delay by the Company in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
7.4 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
7.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute (other than those contained in the Companies Acts 1985-2006 in relation to notification and disclosure of statutory documents and information of the Company), common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
7.6 English law governs these terms and conditions. In respect of any dispute or question arising from or in connection with the Website or any content or material on the Website, including any non-contractual dispute, you hereby irrevocably submit to the non-exclusive jurisdiction of the English courts.
The Company of Biologists