WARNING You will be required to consider and carefully read the terms and conditions of this website prior to use of this website or the downloading of images.
Terms and Conditions of Use ("terms") If you use this website or down load any images from this website, you will have accepted the terms as well as any updates made to the terms. The terms represent a binding legal contract between you, and if you represent a company, its directors, employees, officers and agents and Bio-Images of 15 McIlwraith street, Carlton North, Victoria, Australia, 3054. Bio-Images reserves the right to amend and update the terms at any time, without notice to you.
Ownership The website and its content which includes but is not limited to text, photographic images, moving images, illustrations, software, sound and graphics, is owned or held under licence by Bio-Images.
Bio-Images either owns or has the rights to use or display all trade marks, logos and trade names appearing on the website except where otherwise stated. All elements of the website are protected by laws relating to intellectual property rights including trade marks, copyright and moral rights. The website and all the related rights and its content remain the exclusive property of Bio-Images, its licensors or other content providers. You are not entitled to copy or transmit any portion of the website.
You agree to indemnify Bio-Images, and any third party providers to Bio-Images against any loss or damages incurred by them as a result of your unauthorized use of the website.
Use of Images The licensing and use of images accessed from the website is subject to a Licence Agreement, the terms of which must be accepted before you are able to use the images. If you wish to use such an image please contact Bio-Images for more information. You may download a free low resolution version of an image but you are required to read and accept the terms of the Downloading Licence which appears below.
Feed Back Any suggestions to be made to Bio-Images are treated as non confidential and non proprietary and Bio-Images will be entitled to the unrestricted use of the information.
Disclaimer The website and its content are provided "as is" and Bio-Images directly excludes, to the fullest extent permitted by applicable law any express or implied warranty as to quality, merchantability, or fitness for any purpose. Although Bio-Images will take every reasonable step to ensure reliability and accuracy of the website and the content, Bio-Images does not represent that the website and the content will be free from errors.
Bio-Images (which includes its directors, employees, representatives and licensors) will not be liable for any loss, costs, expenses or damages, including lost profits, direct or indirect damages or exemplary and or special damages, which may be suffered or incurred or which may arise directly or indirectly in respect of the use of the web site.
Linked Sites If there are other websites linked to the Bio-Images website, those websites are not affiliated or associated to Bio-Images. Bio-Images absolves itself from any liability relating to the content of those websites. Bio-Images does not endorse any of the content linked to the website and reserves the right to terminate any link at any time.
Privacy Bio-Images takes all reasonable steps to protect your privacy.
Governing Law The terms will be interpreted, considered and governed by the law applying in the State of Victoria, Australia and you agree to the jurisdiction of Victorian Courts with respect to any matters arising out of the terms.
No Waiver and Severability No action by Bio-Images may be construed as a waiver of the terms. Should any clause of the terms be found to be unenforceable, this will not effect any other clause, all of which will remain binding and of full force and effect.
Entire Agreement The terms constitute the entire agreement that you have with Bio-Images.
Down Loading Licence You are entitled to download a free low resolution image, for your layout or draft design purposes, however by downloading an image (Downloaded Image) you agree to be bound by the Downloading Licence as appears more fully below. Bio-Images reserves the right to change the terms of this Downloading Licence at any time without notice.
(a) Licence Bio-Images grants you a non-exclusive, non-assignable, non-transferable, revocable licence to copy a Downloaded Image and use the Downloaded Image for the limited purpose of preparing draft documents for in-house and client presentations. You are not granted any rights to use the Downloading Image for any other purpose. Except for the rights granted in this Downloading License, you have no interest, right, title or property in the Downloaded Images.
(b) Use of Images You must not place the Downloaded Image online in a down-loadable format. The use of the Downloaded Image must not in any way contravene the laws of the country in which it is published and you agree to be liable for any damages arising out of a contravention of this clause.
(c) No Warranty Bio-Images does not make any representation or warranty with respect to the use of names, signs, logos, trademarks, copyright, designs, or any other likeness which appears in a Downloaded Image. You must ensure that all necessary rights or licences that may be required are obtained prior to publication, reproduction or other use of a Downloaded Image.
(d) Infringement of Copyright You must notify Bio-Images of any activity of anyone of which you become aware, which infringes, or may infringe, the copyright in any Downloaded Image. You agree to provide assistance to Bio-Images as reasonably required if there is infringement of the copyright in the Downloaded Images.
(e) Retention of Image Unless otherwise agreed by Bio-Images, a Downloading Image must be deleted from all electronic and removable media, and any other copies of the Downloaded Image must be destroyed, within 30 days from the date on which the Downloaded Image is downloaded. Until you delete or otherwise destroy all copies of the Downloaded Image, you must ensure that any identification number and copyright information provided with the Downloaded Image is retained.
(f) Termination If you breach any of the terms of this Downloading License, it will automatically terminate and all rights granted to you will revert to Bio-Images. You will be required to delete the Downloaded Image from all electronic and or magnetic media and destroy all other copies of the Downloaded Image, or upon request by Bio-Images return all those copies to Bio-Images.
(g) No Liability Bio-Images will not be liable to you in any way for any loss, costs or damages of any kind, including loss of profits in any way arising out of the use of the Downloaded Image and this Downloading Licence. Bio-Images will not be liable for any willful or negligent act on its part, irrespective of whether Bio-Images had contemplated the possibility of this occurring or for any computer virus contained in a Downloaded Image.
(h) Warranty You acknowledge that the Downloaded Image is supplied "as is" and that Bio-Images has not made, and that no person acting on behalf of Bio-Images has made, any representation as to the Downloaded Image's merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all warranties expressed or implied by any legislation, the common law, equity, or usage or otherwise in relation to the licence of the Downloaded Image are expressly excluded.
(i) Jurisdiction This Downloading Licence will be governed by the law applying in the State of Victoria, Australia and you agree to the jurisdiction of the Victorian Courts with respect to any matters arising out of this Downloading Licence.