General Terms of Use for the Image Database of the German Biobank Network
The German Biobank Network (hereinafter referred to as "GBN" or service provider ) provides an image database (hereinafter referred to as "database") at www.netzwerk-universitaetsmedizin.de, through which users are provided with image data on request.
These General Terms of Use govern the provision of the services by the Service Provider and the use of these services by the User.
A. Regulation of use
§ 1 Service provided
a.) Users shall be provided with copyright-protected works (photographs, illustrations, images or other graphic works) upon request and authorisation.
b.) The work will be made available on request, stating the full name, the institution on whose behalf the work is requested, the contact details and the intended use via the form provided.
c.) If the service provider agrees to the stated purpose of use, it shall send the user the high-resolution image data for use within the permitted scope of our terms of use.
§ 2 Rights and obligations as a user; scope of use
a.) If the service provider approves the purpose of use specified by the user in the enquiry process, the user shall receive a right of use to the image data (details under c.) in accordance with the aforementioned purpose of use.
b.) The image data provided must be labelled with a copyright notice in the following form: © German Biobank Network. They may only be used and copied for the stated purpose, whereby it must be ensured that the image data are not modified and that copyright notices or other intellectual property information are always indicated. Modification or editing of the material or any other utilisation is not permitted. The same applies to the transfer of utilisation rights to third parties, which the user of the service offered here is generally not permitted to do.
c.) The user receives a perpetual, non-exclusive, worldwide, non-sublicensable and non-transferable licence to use the work for advertising purposes as well as for training and further education in the listed channels: Websites, blogs, social networks, printed materials, press materials, posters and greeting cards, displays, catalogues, presentations, films and videos.
d.) Individual deviations from the rights of use and copyrights and special conditions must be agreed in writing.
§ 3 Protection of content
a.) The contents available in the database are protected by copyright or other industrial property rights and are the property of the service provider who makes the respective contents available.
b.) The compilation of the content as such may be protected as a database or database work within the meaning of Sections 4 (2), 87 (1) and 87 (2) of the German Copyright Act. §§ 4 para. 2, 87a para. 1 UrhG. The user may only use this content in accordance with these terms of use.
B General provisions
§ 4 Scope of application
a.) The image database is provided subject to the following terms of use. These terms of use contain the conditions applicable between the service provider and the users for the services offered by the service provider.
b.) Provisions deviating from these Terms of Use shall only apply if they are confirmed in writing by the Service Provider. The user recognises these terms of use when submitting an enquiry. The Service Provider shall only make the database available in business dealings with entrepreneurs; there are no cancellation rights for consumers.
c.) As personal data is collected and processed when the image database is made available, the information on data protection is an integral part of these terms of use. The information on data protection is regulated in the data protection provisions, which are provided as part of the enquiry and must be acknowledged by the user.
§ 5 Amendment of the terms of use
a.) The Service Provider may amend these Terms of Use or supplementary terms and conditions in a reasonable manner, e.g. to take account of changes to the legal framework or changes to the database. The Service Provider shall send the amended terms and conditions by e-mail at least one month before they come into force, provided that the Service Provider has received a valid e-mail address. If the amendment is not objected to within two weeks of receipt of the e-mail, the new terms of use shall be deemed to have been agreed. The service provider shall point out the significance of the two-week period accordingly.
b.) Amendments to the terms of use or supplementary provisions shall take effect at the earliest 14 days after their publication. However, changes relating to a new function or changes for legal reasons shall take effect immediately.
§ 6 Liability
a.) The user shall indemnify the service provider against all third-party claims against the latter which may result from the user infringing the rights of third parties or third-party rights of use by using the image data for purposes other than those for which they were intended.
b.) Should the user incur damage through the use of image data that was made available free of charge, the service provider shall only be liable insofar as the damage has arisen due to the use within the scope of these terms of use and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider.
§ 7 Data protection
Data processing (e.g. collection, processing and storage) is carried out exclusively in accordance with the relevant data protection regulations. The user data required for the enquiry will be stored by GBN and processed for the purpose of checking and providing the image data to the extent necessary. Further information can be found in the general privacy policy of the website.
§ 8 Final provisions
a.) Should any provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
b.) These Terms of Use are subject to German law.
c.) German law shall apply to disputes arising from these Terms of Use. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Berlin.