Use of this Web Site to access the product to which you have subscribed (“the Product”) requires you to register and is subject to these terms and conditions. By registering you agree to be bound by these terms and conditions which form a binding contract between you and BioMed Central Limited (“the Licensor”).
Terms Relating to Registration
On registration you must provide the Licensor with complete, accurate and truthful information and you must inform the Licensor of any changes to that information (for example your email address) by emailing firstname.lastname@example.org.
Your registration is personal to you. Each registration is for a single user only. You will choose your password which in combination with your email address (“Your ID”) will be unique to you. You must not permit any other person to share use of Your ID or permit multiple users to access this Web Site using Your ID.
You are responsible for all use of this Web Site using Your ID and for preventing unauthorised use of Your ID. If you believe that there has been or will be a potential breach of Your ID security please notify us immediately by emailing email@example.com.
You will be required to provide Your ID to gain access to this Web Site.
This Agreement shall begin on the date hereof and continue for the subscription period (“the Term”) for which you have purchased a license to access the product you have subscribed to.
During the Term you may retrieve and display content from the Product from this Web Site (“the Content”) on a computer screen and print individual pages on paper for your own personal use and for use in educational presentations given by you.
You may not, nor may you permit others to, directly or indirectly:
a. use or otherwise exploit the Content, or any element of it, for any commercial purpose;
b. make the Content, or any element of it, available by any means to any other person other than as part of an educational presentation given by you;
c. make the Content, or any element of it, available on, or by, electronic bulletin boards, news groups, Web sites, FTP or any other means of posting or transmitting material on the Internet, an on-line service, local or wide area network;
d. remove or obscure the Licensor's copyright notice from the Content including hard-copy print-outs;
e. otherwise use the Licensed Material supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it.
You may not use this Web Site to gather information about others including without limitation addresses or Internet addresses of other users of this Web Site. The distribution or commercial exploitation of the content of this Web Site is prohibited.
The Licensor may terminate this Agreement at any time upon fourteen days' written notice to you. If termination of this Agreement occurs as a result of notice being given under this clause, the Licensor's sole liability to you shall be to repay to you a rateable proportion of the licence fee paid by you as represents the paid but unexpired Term at the date of termination.
The Licensor reserves the right to suspend or terminate your access and use of this Web Site in the event that the Licensor considers that you are in breach of these terms and conditions.
Intellectual Property and Content
Unless otherwise indicated, this Web Site and its contents are the property of BioMed Central Limited, whose registered office is situated at Floor 6, 236 Gray's Inn Road, London, WC1X 8HL, UK. The copyright in the material contained on this Web Site belongs to the Licensor or its licensors. The trademarks appearing on this Web Site are protected by the laws of England and international trademark laws. Reproduction of material on this Web Site otherwise than as set out herein is prohibited unless express permission is given by the Licensor.
The Licensor reserves the right to make changes to any part of this Web-Site.
This web site and its content is provided for use “as is”. Neither the Licensor nor any of its licensor's make any representations or warranties with respect to this Web Site or its contents, all warranties, express or implied, including without limitation the implied warranties of merchantability, satisfactory quality and fitness for purpose relating to this Web Site and/or its content and/or any web site to which it is linked are hereby to the fullest extent permitted by law excluded. No representations or warranties are given as to the accuracy or completeness of the information provided on this web site, or any web site to which it is linked.
Neither party excludes or limits liability to the other party for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.
Except as provided for in Clause 14 above, the liability of the Licensor in respect of any and all claims (whether in contract or in tort) arising out of or in connection with this Agreement is limited in respect of each event or series of connected events to the greater of £100 or an amount equal to the fees paid under this Agreement in the 12 months prior to such event or series of connected events.
Except as provided for in clause 14, notwithstanding anything else contained in this agreement in no event shall the Licensor be liable to you for:
a. loss of profits, business, revenue, goodwill, anticipated savings; and/or
b. indirect, special or consequential loss or damage.
The Licensor shall not be liable for any claim arising from:
a. any failure or malfunction resulting wholly or to any material extent from your negligence, operator error, use other than in accordance with the instructions contained on the Web Site or any other misuse or abuse of the Web Site;
b. the failure by you to implement recommendations previously advised by the Licensor in respect of, or solutions for, faults in the Web Site; or
c. the decompilation or modification of the Web Site or its merger with any other program or any maintenance repair adjustment alteration or enhancement of the Web Site by any person other than the Licensor or its authorized agent;
d. you being unable to exercise the rights granted hereunder due to the Web Site being unavailable as a result of any act or omission of the Licensor provided that the period for which the Web Site is not available shall not exceed a period of 50 hours (in aggregate) in any continuous period of 1000 hours.
The Licensor's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.
You may not redistribute any of the Content of this Web Site without the prior authorisation of the Licensor or create a database in electronic form or manually by downloading and storing any content.
You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary for access to the Web Site. The Licensor shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting the Licensor. You accept that the Licensor has no control over such telecommunication services and that the Licensor shall have no liability to you for the acts or omissions of providers of telecommunication services or for faults in or failures of their apparatus.
Certain parts of this Web Site may contain advertising. The Licensor is not responsible for the content of any advertising material or any errors or inaccuracy in any advertising or sponsorship, which is the responsibility of the advertiser.
You may not assign, sub-license or otherwise transfer any of the rights granted to you hereunder.
Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships. Headings are used for ease of reference and shall not form any part of these terms and conditions for the purposes of construction.
If any of the provisions or portions thereof, contained in these terms and conditions are or become invalid under any applicable statute or rule of law, they are to that extent to be omitted and shall be replaced with a valid provisions with the same economic result and all other remaining provisions shall remain in full force and effect.
All interpretations of this Agreement shall be made according to the laws of England.