Terms and conditions

1. General

1.1 These terms and conditions set out the terms on which you may use the Euro-BioImaging Web Portal, whether as a guest or a registered user. Please read these terms carefully before using the portal: by using the portal, you indicate that you accept these terms of use and you agree to abide by them. If you do not agree to these terms, you may not use the portal.

1.2 Information about Euro-BioImaging: Euro-BioImaging is a pan-European research infrastructure that offers open access for life scientists to selected imaging facilities, called Nodes, accross its member states, as well as training and image data services. Euro-BioImaging was established as an ERIC (European Research Infrastructure Consortium) in MONTH YEAR, according to European ERIC Council regulation number XXX/XXXX, implementation reference XXXX/XXXX/XX. Euro-BioImaging is lead by a Hub consisting of three members: Finland (Turku) coordinates all operations and hosts the Euro-BioImaging Web Portal, EMBL (Heidelberg) coordinates operations specific to biological imaging and Italy (Torino) coordinates operations specific

to medical imaging.

1.3 Before Euro-BioImaging ERIC was established, Euro-BioImaging conducted interim operation through an Interim Web Access Portal at eurobioimaging-interim.eu, which continues to operate until all interim operation user projects have been completed. These terms and conditions do not apply to Euro-BioImaging interim operation or the Interim Web Access Portal, which have their own privacy policy and terms and conditions (link).

2. Accessing the Euro-BioImaging Web Portal

2.1 Access to the Euro-BioImaging Web Portal is permitted on a temporary basis, and Euro-BioImaging reserves the right to withdraw or amend any service it provides on the portal without notice. Euro-BioImaging will not be liable for any reason in the event that the portal or any service is unavailable at any time or for any period.

2.2 From time to time, Euro-BioImaging may restrict access to some parts of the Euro-BioImaging Web Portal, or the entire portal, to users who have registered with it.

2.3 The Euro-BioImaging Web Portal uses the Elixir AAI (authentication and authorization infrastructure) to identify users that log in. The login credentials you use may be for instance those of your scientific institution or social media. You must treat all usernames and passwords that enable you to login to the Euro-BioImaging Web Portal through Elixir AAI as confidential, and you must not disclose them to any third party. Euro-BioImaging has the right to disable any user account at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use. You should notify helpdesk@eurobioimaging.eu immediately if you become aware of any unauthorised use of your identification codes or passwords. Euro-BioImaging is not responsible for any possible problems, malfunctions or service unavailability pertaining to Elixir AAI.

3. All submissions on the Euro-BioImaging Web Portal

3.1 By submitting any content on the Euro-BioImaging Web Portal, you represent, warrant and covenant that:

(a) you have the legal right and authority to accept these terms and conditions and to grant the applicable licence (as more particularly set out below);

(b) you are the owner of the material or content and/or have all the necessary rights, consents, permissions and licences which are required for you to submit the content and to grant the applicable licence;

(c) the content does not (whether in its submission, subsequent use in accordance with the applicable licence or otherwise) infringe the intellectual property rights of any third party;

(d) to the extent that the content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permission from those individuals which are required for Euro-BioImaging to use the content as contemplated by the applicable licence;

(e) the content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety or any person, aimed at harassing any person or otherwise inappropriate to display on the Euro-BioImaging Web Portal; and

(f) at our request, you will provide Euro-BioImaging with written copies of any consents, permission and licences that you are required to obtain in accordance with this clause 3.1.

3.2 Where you are required to complete a registration form or similar, in order to access restricted parts of the Euro-BioImaging Web Portal or specific services, you agree to:

(a) provide true, accurate, current and complete information; and

(b) to maintain and promptly update your registration information to keep it true, accurate, current and complete.

3.3 If Euro-BioImaging has reasonable grounds to suspect that any information supplied for the purposes of clause 3.2 is untrue, inaccurate, not current or incomplete, Euro-BioImaging reserves the right to suspend or terminate your registration and any access you may have to restricted parts of the Euro-BioImaging Web Portal or any and all services.

3.4 Other than the limited licence set out in clauses 3 and 6 (as applicable), Euro-BioImaging acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms and conditions in or to any content that you submit, including any intellectual property rights which may subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist). You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Euro-BioImaging has no obligation to do so on your behalf.

3.5 You acknowledge that:

(a) you have received good and valuable consideration in exchange for the applicable licence and that you are not entitled to any further compensation for any use by Euro-BioImaging of the content in accordance with that licence; and

(b) Euro-BioImaging may, without notice to you, reject, refuse to use or delete any content at any time where it considers this to be reasonably necessary.

3.6 Whenever you make use of a feature that allows you to post, transmit, upload or otherwise, you agree to keep Euro-BioImaging indemnified, and hold Euro-BioImaging harmless, against any claim, loss, damage, cost, expense (including legal fees) or other liability Euro-BioImaging may suffer or incur as a consequences of its use of the content in accordance with the applicable licence granted by you or of any breach by you of these Terms and conditions, whether or not any such liability was foreseeable.

3.7 Euro-BioImaging will have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to the Euro-BioImaging Web Portal constitutes a violation of their intellectual property rights, or their right to privacy.

3.8 Euro-BioImaging will not be responsible or liable to any third party for the content and accuracy of any materials posted, transmitted, uploaded or submitted by you, or any other user, to the Euro-BioImaging Web Portal.

4. Technology access visits, training courses and data services

4.1 Euro-BioImaging accepts technology access proposals and applications to training courses from anyone who studies or works with biological or medical imaging professionally, either academically or commercially, irrespective of country or employer.

4.2 In order to submit technology access proposals or training course applications, you must first log in to the Euro-BioImaging Web Portal using the provided login service (Elixir AAI), and then submit the required forms and information, which may include e.g. a brief research plan and CV.

4.3 By submitting a technology access proposal or training application, you represent and warrant that you either study or work with biological or medical imaging and that all the information you submit is true, accurate and complete.

4.4 By submitting a technology access proposal via the Euro-BioImaging Web Portal, you grant to Euro-BioImaging a revocable and non-exclusive licence to reproduce, modify, prepare derivative works of and otherwise use and disclose the content for the purposes of evaluating your proposal and assessing the feasibility of conducting the proposed research at a Euro-BioImaging Node(s). In addition, you grant to Euro-BioImaging a perpetual and irrevocable licence to store a copy of the proposal for its records.

4.5 Euro-BioImaging will use reasonable means to keep any material you submit confidential and will only disclose technology access proposals or training applications to those third parties for whom it considers this necessary to perform an evaluation of the proposal or application.

4.6 Technology access proposals are reviewed by a two-step process, which is described in detail on the Euro-BioImaging Web Portal [link]. Training applications are reviewed by the training provider, using Euro-BioImaging accepted criteria defined by the provider. Contact helpdesk@eurobioimaging.eu if you have any questions about the review processes.

4.7 After submission you will receive an email acknowledging receipt of your proposal or application. This does not mean that your proposal or application has been accepted by Euro-BioImaging. You will receive subqequent email(s) later informing you of the final outcome, and, in some cases, of progress in processing the proposal or application. You may also be asked for additional information during the process.

4.8 Euro-BioImaging may publish the title and a short summary of succesful technology access proposals on the Euro-BioImaging Web Portal or elsewhere, but only if you have agreed to this when submitting the proposal.

4.9 Euro-BioImaging, Euro-BioImaging Nodes and training providers reserve the right to cancel or reschedule technology access visits, training courses or events.

4.10 Visiting a Euro-BioImaging Node or training provider does not inlude entitlement to statutory health, nursing care, accident, unemployment or pension cover. It is strongly recommended that you arrange adequate insurance cover prior to traveling.

4.11 When visiting a Euro-BioImaging Node or training provider, you shall

(a) comply with the rules and regulations of the facility you are visiting, including health and safety requirements;

(b) be subject to the authority of the manager of the facility you visit; and

(b) treat the facilities with due care and protect them against loss or damage.

4.12 The Node hosting you during a technology access visit shall bear responsibility for ensuring the agreed work or service is delivered in accord with the regulatory and safe working practises required by the host institution, including ensuring appropriate permissions and training are in place before work commences. Euro-BioImaging shall not be liable for any accidents or infringements arising from a visit.

4.13 After every technology access or training visit, you shall

(a) fill in the required feedback form(s) on the Euro-BioImaging Web Portal;

(b) acknowledge Euro-BioImaging in any presentation or publication containing results obtained during a Euro-BioImaging technology access visit;

(c) report any such presentation or publication to Euro-BioImaging using the appropriate form on the Euro-BioImaging Web Portal; and

(d) note that failure to do (a)-(c) may result in you not being able to use Euro-BioImaging services in the future.

4.15 You own and have full rights to the image data you have produced during a technology access visit to a Euro-BioImaging Node. Euro-BioImaging or the Node you visited have no rights to the data.

4.16 Image data produced during a technology access visit to a Euro-BioImaging Node is managed and analyzed using the solutions, conventions and regulations of the Node in question, and/or your own solutions. Euro-BioImaging accepts no responsibility for the quality, correctness, storage, analysis transfer or loss of data produced during technology access visits to Nodes. It is recommended that you discuss data management solutions with the Node prior to visit.

4.17 Euro-BioImaging offers general image data services to supplement the data solutions offered by its Nodes. These data solutions are the Image Data Resource and the Image Tool Resource, available on the Euro-BioImaging Web Portal. You may use these services freely, and/or submit your own image data, analysis tool or worflow to be included. All such submission are evaluated by Euro-BioImaging, and Euro-BioImaging does not guarantee the inclusion of your material. Euro-BioImaging accepts no responsibility for the correctness, storage or loss of data or information in its data services.

5. Prohibited use

5.1 You may use the Euro-BioImaging Web Portal only for lawful purposes. In particular, you may not use the portal:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm any person in any way;

(d) to post, transmit, upload or submit any material or content which does not comply with clause 3.

(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”); or

(f) to knowingly transmit any data or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2 You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of the Euro-BioImaging Web Portal in contravention of these terms;

(b) not to access without authority, interfere with, damage or disrupt:

(i) any part of the Euro-BioImaging Web Portal;

(ii) any equipment or network on which the Euro-BioImaging Web Portal is stored;

(iii) any software used in the provision of the Euro-BioImaging Web Portal; or

(iv) any equipment or network or software owned by or used by any third party.

5.3 A breach of clause 5.1(f) or 5.2(b) may constitute a criminal offence under the Computer Misuse Act 1990. Euro-BioImaging will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Euro-BioImaging Web Portal will terminate immediately.

6. Intellectual property

6.1 Euro-BioImaging is the owner or licensee of all intellectual property rights in the Euro-BioImaging Web Portal and in the content published on it. Those works are protected by national and international laws. All such rights are reserved.

6.2 You must not copy, modify, distribute nor generally re-use the content (including and not limited to text, photography, logos, video etc.), on the Euro-BioImaging Web Portal, unless expressly stated otherwise.

6.3 You must not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained in the Euro-BioImaging Web Portal or any content published on it.

6.4 If you breach any provision of this clause 6, your right to use the Euro-BioImaging Web Portal and any content will cease immediately and you must, at Euro-BioImaging’s option, return or destroy any copies of the content you have made.

7. Changes to the Euro-BioImaging Web Portal

Euro-BioImaging aims to update the Web Portal regularly, and may change content at any time. If the need arises, Euro-BioImaging may suspend access to the portal, or close it indefinitely. Any of the material on the portal may be out of date at any given time, and Euro-BioImaging is under no obligation to update such material.

8. Personal data and Privacy Policy

Euro-BioImaging collects and processes personal data in accordance with the EU General Data Protection Regulation of 2018. By using the Euro-BioImaging Web Portal, you consent to such collecting and processing, and you warrant that all data provided by you is accurate. Euro-BioImaging will only use your personal data on relevant lawful grounds, will never sell your personal data and will only share it with third parties that Euro-BioImaging works with, when such sharing is necessary. Euro-BioImaging always strives to maintain the privacy and security of your data. Full details are given in the Euro-BioImaging Privacy Policy (link).

9. Transmission of data

Transmitting data via the internet is not completely secure. Although Euro-BioImaging will use reasonable means to protect any information you may submit to the Web Portal, it cannot guarantee the security of any data in transmission: any transmission is at your own risk. Once Euro-BioImaging has received your data, it will use appropriate procedures and security measures to keep your data safe and prevent unauthorized access.

10. Linking to the Euro-BioImaging Web Portal

10.1 You may link to the home page of the Euro-BioImaging Web Portal, provided you do so in a way that is fair and legal and does not damage or take advantage of the reputation of Euro-BioImaging, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Euro-BioImaging where none exists.

10.2 You must not establish a link from any website that is not owned by you.

10.3 The Euro-BioImaging Web Portal must not be framed on any other site, nor may you create a link to any part of the portal other than the home page. Euro-BioImaging reserves the right to withdraw linking permission without any notice and for any reason.

10.4 If you wish to link to the Euro-BioImaging Web Portal, other than as set out above, please address your request to helpdesk@eurobioimaging.eu

11. Linking from the Euro-BioImaging Web Portal

Where the Euro-BioImaging Web Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Euro-BioImaging has no control over the content of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

12. Changes to these Terms and conditions

Euro-BioImaging may revise these Terms and conditions at any time. You are expected to check this document from time to time to take notice of any changes: such changes are binding on you. Some of the provisions contained in these Terms and conditions may also be superseded by provisions or notices published elsewhere on the Euro-BioImaging Web Portal.

13. Euro-BioImaging’s liability

13.1 Although Euro-BioImaging will make every effort to operate the Euro-BioImaging Web Portal with reasonable care and skill, the liability of Euro-BioImaging is limited as set out in this clause 13.

13.2 The content published on the Euro-BioImaging Web Portal is provided for information only and is not intended to amount to advice on which reliance should be placed. No responsibility for its accuracy and correctness is assumed by Euro-BioImaging, and Euro-BioImaging disclaims all liability and responsibility arising from any reliance placed on such content by any visitor to the Euro-BioImaging Web Portal, or by anyone who may be informed of any of its content.

13.3 To the extent permitted by law, Euro-BioImaginge xpressly excludes:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any indirect or consequential loss or damage incurred by any user in connection with the Euro-BioImagingo Web Portal or in connection with the use, inability to use, or results of the use of the portal, any website linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and

(c) any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or wasted management or office time, in each case whether direct or indirect and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

13.4 Nothing in these terms limits or excludes Euro-BioImaging’s liability for (a) death or personal injury resulting from its negligence, (b) any fraud or fraudulent misrepresentation, or (c) any other liability which, by law, cannot be limited or excluded.

14. Jurisdiction and applicable law

14.1 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Finland.

14.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Euro-BioImaging Web Portal, although Euro-BioImaging retains the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

14.3 If any provision of these terms and conditions (or any document referred to in them) is held to be invalid or unenforceable under any applicable statute or rule of law, then it shall be deemed to be omitted to the extent that it is invalid or unenforceable, and your use of the Euro-BioImaging Web Portal shall be subject to the remaining provisions of these terms and conditions.

14.4 These terms and conditions, together with the notices and documents referred to in them (“Legal Notices”), were drafted in the English language. If these Legal Notices are translated into any other language, the English language text shall prevail.

15. Your concerns

If you have any questions, comments or concerns, please contact helpdesk@eurobioimaging.eu