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By downloading a BioPortfolio RSS Feed ( "BioPortfolio
Feed") from the BioPortfolio Limited ("BioPortfolio") you agree
to be bound by the terms set out below (the "Standard Licence Terms"). These
Standard Licence Terms may be updated by the BioPortfolio from time to time.
Please review these Standard Licence Terms each time you download a
BioPortfolio Feed.
Your download and/or use of a BioPortfolio Feed
indicates your agreement to these Standard Licence Terms.
1. Licence
1.1 Subject to the terms of this Agreement the
BioPortfolio grants you a non-transferrable, non-sublicensable, royalty free
non-exclusive licence to display on your website ("Site") the headlines,
active links or other source identifiers and other information or materials
that you specifically select to receive from the BioPortfolio via the
BioPortfolio Feed ("BioPortfolio Content").
1.2 All title, ownership rights and intellectual property
rights in and to the BioPortfolio Feed shall remain the property of the
BioPortfolio.
1.3 Nothing in these Standard Licence Terms grants you any
right to use the BioPortfolio trade mark on your Site or elsewhere.
2. Use of BioPortfolio Content
2.1 You may not use the Feed or display any BioPortfolio
Content on any Site that is a web site that is excluded by the BioPortfolio
(scroll down for the list of Excluded Websites as may be amended by the
BioPortfolio from time to time).
2.2 YOU MUST ENSURE THAT ALL BioPortfolio CONTENT ON YOUR
SITE HAS AN ACCREDITATION TO THE BioPortfolio IN ACCORDANCE WITH THE
BioPortfolio ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR THE
BioPortfolio ACCREDITATION GUIDELINES AS MAY BE AMENDED BY THE BioPortfolio
FROM TIME TO TIME).
2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS
SPECIFICALLY FOR ACCESSING BioPortfolio CONTENT OR OTHERWISE COMMERCIALISE
SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE BioPortfolio CONTENT IN ANY WAY.
2.4 Where possible you must create a functional link back
to the BioPortfolio News story(ies) summarised by the BioPortfolio Content .
If you are displaying the BioPortfolio Feed where a functional link back to
the BioPortfolio is not possible, you must display on-screen the URL from
which the BioPortfolio Content can be obtained (scroll down to the
accreditation section below.) You may not directly or indirectly change,
edit, add to or produce summaries of the BioPortfolio Content or any content
on the BioPortfolio website nor place any full-story BioPortfolio content in
an HTML frame-set.
2.5 You may not directly or indirectly suggest any
endorsement or approval by the BioPortfolio of your Site or any
non-BioPortfolio entity, product or content or any views expressed within
your site or service.
2.6 You acknowledge that the BioPortfolio has absolute
editorial control over all BioPortfolio Content and you accept that the
BioPortfolio is editorially independent and that the editorial integrity of
the BioPortfolio Content is the sole responsibility of the BioPortfolio.
2.7 Should you receive any enquiries which relate to the
BioPortfolio or the BioPortfolio Content you should promptly refer such
enquiries to peter.barfoot@bioportfolio.com .
3. Warranties & Liability
3.1 You warrant to the BioPortfolio that:
(i) you have fully complied with, and shall continue to
comply fully with, all applicable laws and regulations;
(ii) the Site shall contain no material which is libellous, defamatory,
pornographic, obscene or which brings the BioPortfolio into disrepute, or
which is in breach of any third party intellectual property rights; and
(iii) users of the Site shall be required to comply with terms that are
equivalent to the Standard Licence Terms in relation to their use of
BioPortfolio Content.
3.2 The BioPortfolio Feed is made available by the
BioPortfolio on an "as is" and "as available" basis and the BioPortfolio
gives no warranty of any kind in relation to the BioPortfolio Feed, the
BioPortfolio Content, or any content on the BioPortfolio website. The
BioPortfolio disclaims all implied warranties, including but not limited to
the implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, and accuracy regarding the
BioPortfolio Content, the BioPortfolio Feed and the BioPortfolio website and
any content thereon.
3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE
BioPortfolio EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE BioPortfolio FEED, THE
BioPortfolio CONTENT OR ANY CONTENT ON THE BioPortfolio WEBSITE, ANY VIRUS
OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF BioPortfolio CONTENT.
3.4 Each provision of this Clause 3 operates separately in
itself and survives independently of the others.
4. Indemnity
4.1 You hereby agree to indemnify, hold harmless and
defend the BioPortfolio in respect of all damages, costs and expenses,
including reasonable legal fees and litigation expenses, arising out of or
as a result of any breach of the Standard Licence Terms or otherwise in
connection with your use of the BioPortfolio Feed (including the
BioPortfolio Content).
5. Termination
5.1 You may terminate this Agreement and the licence
granted herein at any time by destroying or removing all copies of the
BioPortfolio Feed (including the BioPortfolio Content) from your Site, all
hard drives, networks and other storage media.
5.2 The BioPortfolio may restrict, suspend or terminate
the BioPortfolio Feed, this Agreement, the licence granted herein or your
access to the BioPortfolio Feed at any time without liability. You agree to
destroy all copies of the BioPortfolio Feed (including the BioPortfolio
Content) upon receiving notice of termination from the BioPortfolio.
5.3 Clauses 3, 4 and 6 shall survive termination of this
Agreement.
6. General
6.1 Neither party may assign, charge, sublicense or
otherwise deal with its rights or obligations in this Agreement in whole or
in part to any third party.
6.2 This Agreement supersedes all prior agreements,
arrangements and understandings between the parties concerning its subject
matter. Each of the parties acknowledges that it has not relied on any
statement made by the other in the course of entering into this Agreement.
6.3 Any failure or delay by either party in exercising its
rights under any provisions of this Agreement shall not be construed as a
waiver of those rights at any time now or in the future.
6.4 This Agreement shall be governed by, construed and
take effect in accordance with English law and the English courts shall have
exclusive jurisdiction to settle any claim or dispute which may arise out of
or in connection with this Agreement.
Excluded Websites
The BioPortfolio's RSS feeds and any BioPortfolio
content contained in the BioPortfolio RSS feeds may only be displayed on
websites that do not fall into any one or more of the categories listed
below. A site will be deemed to fall within one of the following categories
where there is a material and prominent section of the Site that falls
within such category.
1. Sites that incite hatred whether based on race,
religion, gender, sexuality or otherwise, or promote encourage or facilitate
anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities
that risk UK national security
4. Sites that discriminate against any specific social group or otherwise
exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are misleading, pornographic, defamatory, or that contain
illegal, or otherwise actionable content under UK law
7. Sites which infringe individual privacy
Accreditation Guidelines
Any BioPortfolio RSS feed or BioPortfolio content on your
site must incorporate an attribution (credit) to the BioPortfolio in one of
the following forms:
- "From BioPortfolio News / BioPortfolio.com" (delete as applicable), or
- "This content / article is from BioPortfolio News / BioPortfolio.com" (delete as applicable)
If you are displaying a BioPortfolio RSS feed in a context
where a functional link back to the article on the BioPortfolio's website is
not possible then you must use the following attribution (credit)
- From BioPortfolio.com news
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