EBI Site Use Policy

 


Unless specified otherwise, references in this site to “EBI” shall mean Energy Biosciences Institute and “EBI partner organizations” shall mean: University of California Berkeley, Lawrence Berkeley National Laboratory, University of Illinois Urbana/Champagne and BP America Inc.


This Web site is owned and hosted by Energy Biosciences Institute, 130 Calvin Laboratory, University of California Berkeley, Berkeley, CA 94720, USA.


Liability

The information contained in this Web site is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this Web site and any decisions you make based on information contained in this Web site are your sole responsibility. Neither EBI nor any EBI partner organization accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of this Web site or any information contained in it. We are of course happy to discuss with you the implications of any issue raised if you e-mail us at sjenkins@berkeley.edu.


Other than in respect of personal information which will be treated in accordance with the EBI Privacy Statement that appears in this Web site, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.


Ownership of the copyright of this site

The copyright in the contents and any downloads from this Web site is owned by EBI or EBI partner organizations unless otherwise stated. All rights reserved.


You are responsible for obeying all applicable copyright laws. We permit you to make copies of this Web site as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited. You may not frame this site nor link to a page other than the home page without our express permission.


Ownership of trademarks

The EBI logo is owned by the Energy Biosciences Institute and the Regents of the University of California.


BP, the BP Shield and the Helios mark are trademarks of BP p.l.c.


The University of California, Berkeley logo is owned by The Regents of the University of California.


The Lawrence Livermore National Laboratory is owned by The Lawrence Livermore National Laboratory.


The University of Illinois Urbana-Champaign logo is owned by The University of Illinois Board of Trustees.


Use of any Hyperlink

Neither EBI nor any of its partner organizations are responsible for the content of any other Web site, including any Web site through which you may have gained access to our Web site or to which you may gain access from our Web site. We do not accept any liability in connection with any such sites or links.


Where we provide a hyperlink to a third party’s Web site, we do so because we believe in good faith that such a Web site contains or may contain material which is relevant to that on our Web site. Such a hyperlink does not signify that BP or EBI partner organizations have reviewed or approve of the connected third party’s Web site or its contents - indeed in certain instances a hyperlink may connect you to a third party’s Web site containing views contradictory to those expressed on our Web site or otherwise held by EBI and its partner organizations.


What law governs this Web site?

Your use of this Web site and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with all applicable state and federal laws, as well as general EBI policies.


In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.


Terms of use - RSS feeds

1 Introduction


1.1 Access to and use of RSS feeds made available to you through this Web site is provided by EBI on the basis of a number of important terms and conditions, which are set out in full below.


1.2 You should carefully read these terms and conditions (”terms”). When you download an EBI feed you will be legally bound by these terms, which will take effect from the time you start downloading that EBI feed. If you do not agree to be legally bound by these terms, then you should not download any EBI feeds.


2 Changes to terms


2.1 We are always looking to improve or update our services and so we may make changes to the EBI feeds at any time. We may also make changes to these terms, at any time. You will need to review these terms whenever you download an EBI feed. You will be legally bound by the updated or amended terms from the first time that you download an EBI feed after EBI posts the changes on-line.


3. Content


3.1 You may display on your Web site the content which is available from EBI and which you elect to receive via an EBI feed (”content”). You may not transfer or sub-license this right to any third party. No rights granted under these terms are exclusive to you.


3.2 All rights in the content and the EBI feeds shall remain in the ownership of EBI or EBI partner organizations.


3.3 You must attribute responsibility for the EBI feed and the content to us by including either of the following statements:


    1. “provided by EBI”, where appropriate.


    2. “this article is provided by EBI, where appropriate.


The relevant statement must be incorporated prominently and in full next to or immediately above or below the relevant EBI feed or content.


3.4 You must also include and maintain one of the following next to or immediately above or below the relevant content as it appears on your Web site:


    1. an active link back to the content as it appears on our Web site; or


    2. (if it is not technically possible for you to include a link) directions to the EBI Web site address from where a Web site user could access the EBI version of the relevant content (e.g. "for the full version of this article, please visit www.energybiosciencesinstitute.org")


3.5 You may not:


    1. edit or modify any EBI feed or content;


    2. use any EBI feed or content for commercial purposes; or


    3. redistribute any EBI feed or content;


3.6 These terms do not grant you any rights in any trade marks, trade names or logos owned by EBI and EBI partner organizations.


4 Conduct


4.1 You are responsible for ensuring that your use of EBI feeds and content is lawful under the laws of any country in which you use them.


You may not use any EBI feed or content on any Web site which (or includes content which) would or may damage the reputation of EBI, or EBI partner organizations. Without limiting the above, you may not use any EBI feed or content on any Web site which (or includes content which):


    1. is unlawful, defamatory, obscene, profane, discriminatory, objectionable or inappropriate;


    2. defames, threatens, harasses, abuses or otherwise violates the rights of others;


    3. promotes or provides instruction on unlawful conduct or promotes any form of violence or physical harm towards others;


    4. infringes the rights of another party.


4.2 You must not state or give the impression that your Web site been sponsored, endorsed or otherwise approved by EBI or EBI partner organizations.


4.3 You must ensure that the terms of use of your Web site:


    1. reserve all EBI's rights in the content; and


    2. do not permit visitors to distribute the content or make any use of the content other than viewing and printing off for personal non-commercial use (in which case those visitors must retain the attribution wording referred to in section 3.3).


4.4 You must promptly refer any complaints or enquiries in relation to the content to us at: sjenkins@berkeley.edu


4.5 You are entirely responsible for your use of EBI feeds and content. You shall be responsible to us for losses, costs, claims, demands, damages and expenses which we may suffer (whether directly or indirectly) as a result of your use of EBI feeds and/or content in breach of these terms.


5 Responsibility


5.1 The extent of our responsibility to you has been determined in the context of the following:


    1. access to EBI feeds and content is provided to you as a free of charge of service without any guaranteed term;


    2. it is your responsibility to determine the suitability of any EBI feed or content for any particular purpose to which you wish to put it;


    3. you should not rely on content or its availability via an EBI feed and you are responsible for any action you take or do not take as a result of content;


    4. it is your responsibility to ensure that your equipment is enabled with appropriate up-to-date virus checking software before you access or use any EBI feed or any content.


5.2 Whilst we will endeavor to ensure that that content is accurate, we cannot make any commitment to you that the content will be accurate or suitable for your use.


5.3 We will exercise reasonable skill and care in providing information to you. However, we cannot give any commitment that EBI feeds or content will be available uninterrupted or error free, that defects will be corrected, or that EBI feeds, their supporting systems or any content are free of viruses or bugs.


5.4 EBI can accept no liability to you for any of the following types of loss which you may suffer as a result of your use of EBI feeds and/or content:


    1. loss which was not foreseeable to you and EBI when you first downloaded any EBI feed (even if that loss results from EBI's failure to comply with these terms or its negligence);


    2. any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default); loss which you suffer other than as a result of our failure to comply with these terms or our negligence or breach of statutory duty.


5.5 EBI can accept no liability to you if it fails, or is interrupted or delayed in the performance of any obligation because of:

 

    1. the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party;

 

    2. any other event not reasonably within EBI's control.


5.6 Nothing in these terms will limit EBI's liability for death or personal injury arising from its negligence.


6 EBI's remedies


6.1 EBI reserves the right at any time and for any reason to temporarily or permanently suspend your right to download any EBI feed or use any content. You must destroy any copies of the EBI feeds and cease to use or display any content if you receive a request to do so from EBI.


6.2 EBI may terminate the agreement made with you on these terms at any time without notice if you breach any of the terms. You may terminate this agreement at any time by destroying any copies of the EBI feeds and ceasing to display any content.


6.3 Following termination of this agreement, you shall cease to be entitled to download any EBI feed.


7 General


7.1 You may not assign or transfer this agreement or any rights under it to any third party. We may assign or transfer this agreement or our rights in it to any third party.


7.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable then the remaining terms shall remain in full force and effect.


7.3 If we do not exercise any right under these terms then that shall not constitute a waiver of that right.


7.4 All terms pertaining to the EBI content shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding those laws mandating application of the laws of another jurisdiction; with respect to all terms pertaining to EBI, we and you shall bring any court proceedings in the courts of the State of Illinois.


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