Terms of Use

SPRINGERIMAGES

TERMS OF USE

CAREFULLY READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THIS WEBSITE AND ANY RELATED OR LINKED WEBSITE.

These terms of use ("Terms of Use") govern your (“you” or the “User”) use of this website, www.springerimages.com (the "Website" or “Site”), operated by Springer Science+Business Media (“Springer,” “we” or “us”), and your access to it and from it to any related or linked website. It is important that you read these Terms of Use and the privacy policy that governs the Website (the "Privacy Policy") before you use the Website or supply any personal data through it. In the event that the Website shall, now or in the future, permit the purchase or license by you of goods or services, you must also read any additional terms of purchase or licensure that we may post on the Website.

YOUR USE OF THE WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL BE MANAGED IN ACCORDANCE WITH OUR PRIVACY POLICY.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE. PLEASE EXIT THE WEBSITE AT THIS TIME.

These Terms of Use were last updated in June 2009.

1. User Eligibility

The Website is available worldwide. We may from time to time provide different versions of the Website, in different languages, intended for use in different countries and territories. The Website may be operated from various locations both within and outside the United States. The Website may only be accessed and used by those individuals (each a "User") who agree to be bound by these Terms of Use, and who are accessing and using the Website from locations in which that access and use, and any features, functions, services or products discussed, referenced, provided or offered through or on the Website (the "Available Features") are not prohibited by applicable law. Access to the Website and Available Features may be inappropriate, prohibited or restricted in countries outside the United States. If you access or use the Website from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of the country or territory from which you access or use the Website. Age restrictions also apply, as set forth below.

2. Changes to the Terms of Use and Privacy Policy

We reserve the right, in our sole discretion, to revise, change or modify these Terms of Use at any time by posting the revision on the Website and by indicating the date of the most recent revision. Your continued use of the Website following any such revision will signify your acceptance of that revision.

3. Content and Ownership

The content of the Website includes, without limitation, all images, graphics, tables, drawings, text, available features, visual representation, trademarks, music, artwork, computer code, look and feel, trade dress, technical information and advertisements appearing on the Website or otherwise making up the Website (collectively, the "Content").

Except for materials in the public domain, we own and/or have all necessary utilization rights to the Content. The Content is protected under the laws of the United States and other countries and by international treaties. Any unauthorized use by you of any Content may subject you to civil or criminal penalties. The ownership of each item of Content is retained at all times by its respective owner.

4. Access to Content

a. General

You may browse the Website and view thumbnails of all Content that is available without registering on the Website (“Free Content”). You may also bookmark the Free Content.

b. Registered Users

If you want to have access to more Content and download it, you can register on the Website and set up a personal account (“Account”) without subscribing to the Content (“Registered User”). In such circumstances, you may view the Website but you will still have limited access to the Content.

You may register on the Website if you are eighteen years old. If you are aged thirteen to seventeen, you may also register, but only if permitted to do so by a parent or guardian. You will be required to provide your name, contact information and other personal and general information required by the subscription or registration feature from time to time. You may also be required to submit a valid credit card number, billing address and related billing information. If you so register, you must provide accurate and truthful information, including, if applicable, billing information, and must update that information from time to time, as necessary to keep that information current and accurate. By establishing a registration, you represent and warrant that you have the right to provide, and are authorized to provide, the information that you give to us.

You agree that upon receiving your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. Do not provide anyone else with the login information associated with any subscription or registration related to this Website. If you suspect someone is accessing or using your subscription or registration without your permission, you shall immediately change your password. You further agree to defend and indemnify and hold harmless Springer of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential user ID and Password information. Choice of counsel remains exclusively that of Springer.

c. Subscribed Users

In order to have full access to the Content or to any packages thereof you must subscribe to the Content via a separate license agreement (collectively, “Subscribed Users”). If you are an individual we will enter into an End User License Agreement, and if you are an institution, we will enter into an Institutional License Agreement. You will be granted access to the Content or any packages thereof that you licensed according to your license agreement.

You may contact any institution by whom you are employed and/or with which you are affiliated to determine if such institution is a Subscribed User.

5. Scope of Use of Content

a. Permitted Use of Content

If you are a Registered and a Subscribed User, you may

  • Access, browse, copy, collate, display, search, bookmark, retrieve, display and use the Content for educational, personal, scientific, or research purposes, including illustration, explanation, example, comment, criticism, teaching, research or analysis in accordance with these Terms of Use.
  • Add keywords to Content and save prior searches of the Content on your Account, and you may use the Content to tailor your Account in accordance with these Terms of Use.
  • Download or create printouts of certain Content under certain restrictions and conditions. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Content shall be for your own internal, personal or scholarly use.
  • You may provide to a third party colleague minimal, insubstantial amounts of the Content for personal use or scholarly, educational or scientific research use in hard copy or electronically, provided that in no case any such sharing is done in a manner or magnitude as to act as a replacement for the recipient's or recipient institution's own subscription to either the Content.
  • May use the trademarks, logos, service marks or any other mark appearing on the Website and/or the Content in connection with the uses permitted under these Terms of Use, including in connection with scholarly purposes and giving presentations using the Content.
  • All rights to the Content not expressly granted in these Terms of Use are retained by us and our licensors.

b. Prohibited Use of Content

  • You shall not download the Content or any parts thereof in a systematic or regular manner or so as to create a collection of materials comprising all or a material part of the Content whether such collection is in electronic or print form.
  • Except as otherwise permitted pursuant to these Terms of Use, you shall not use any trademarks, logos, service marks or any other mark appearing on the Website and/or the Content. You shall not update, change, revise, adapt, modify, translate, transform or create any derivative work of the Content. You shall not use routines designed to continuously and automatically search and index the Content, such as web-crawling or spider programs. You also shall not use the Content in any trademark form, and otherwise shall not use the Content in any other manner restricted by these Terms of Use.
  • You shall not remove, obscure or otherwise deface proprietary notices appearing on any item of Content, including copyright, trademark and other intellectual-property notices, and you shall not do anything that might infringe Springer’s rights in and to the Content.
  • You shall not use the Content for commercial purposes, i.e., for the purposes of monetary reward by means of the sale, resale, loan, transfer, hire or other similar form of exploitation of the Content, direct or indirect, including the placement or upload of the Licensed Content on a commercial entity’s internet website.
  • You shall not access or use another person's subscription or registration.

6. Information You Provide and Submissions

Our Privacy Policy, which is incorporated into these Terms of Use by reference, governs the collection and use of information gathered on or through the Website, including, without limitation, the personal information provided by Users.

You are entirely responsible for any Content that you provide to or otherwise make available on or through the Website (your "Submissions"). Examples of Submissions include but are not limited to "chat" text and blog text, if chat and blogging functions are allowed by the Website, and any text added to images or other accessible content through the Website. By making a Submission to the Website, you thereby grant us a worldwide, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute and otherwise use your Submission, with or without attribution to you or any other party (the "Submission License"). You acknowledge and agree that your Submissions shall not be considered confidential, proprietary or personal to you or anyone else and may be disseminated or used by use for any purpose, without compensation to you or anyone else or acknowledgement of the source. Accordingly, please do not send us any ideas, materials, suggestions or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation.

By making a Submission, you represent and warrant that, (a) you own all right, title and interest in your Submission, or you have the necessary approvals and permissions to grant us a Submission License, (b) your Submission, and the exercise by us of our rights under the Submission License for it, does not violate any applicable law, contract rights or other rights of others, including, without limitation, any trade secret, copyright, publicity or privacy right, and (c) your Submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam or other damaging, disruptive or unauthorized programming.

In addition, a Submission shall not do any of the following or provide a link or reference to Content that does any of the following:

  • Promote hatred, racism, bigotry, physical violence or emotional abuse against any individual or group.
  • Contain unlawful, threatening, defamatory, obscene, libelous or otherwise offensive material.
  • Misrepresent your identity or affiliation or connection with a person or entity seeking to disguise the origin of any Submission.
  • Imply or state that we or any party linking through the Website endorse the Submission or is in any way associated with it.
  • Contain any false, misleading, deceptive, sexually suggestive, abusive or harassing Content.
  • Contain photographs or words depicting objectionable subject matter, Including, without limitation, excessive violence, obscenity or harassing Content.
  • Contain any Information or computer code that is intended to, or likely to, damage, interfere with, alter, Intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines.
  • Contain advertising or solicitation of any kind other than as expressly permitted by these Terms of Use.

We do not guarantee your Submissions will not be lost or damaged or that you will be able to retrieve your Submissions or recover any other data transmitted to us by our through the Website or any site linked to it. We reserve the right, but do not have the responsibility, to monitor and remove any Submission, at any time and without notice, in our sole discretion and without notice.

7. Using the Website

At all times while visiting the Website and participating in, accessing and using any Available Features, you must conduct yourself in a polite, courteous and respectful manner. You must also comply with all applicable laws, and must always comply with these Terms of Use, in particular, you may not

  • Inhibit, disrupt or otherwise prevent anyone from using or accessing the Website or any linked site or interrupt any User's experience on the Website or any linked site, including, without limitation, acting in any manner that disrupts Users' real-time exchanges or hacking or defacing any portion of the Website or any linked site.
  • Interfere with or disrupt the Website or any linked site or servers or network connections to any of them.
  • Disobey any requirements, procedures, policies or regulations of networks connected to the Website or any linked site.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or any linked site.
  • Attempt to gain unauthorized access to the Website or any linked site or any portion of them, any available features, any other systems or networks connected to the Website, any linked site or any server related to them.
  • Use the Website intentionally or unintentionally to violate any applicable local, state, national or international law or regulation.
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
  • Provide your account login or subscription details to any other user.
  • Request, attempt to obtain or store, personal information, passwords or other information of other Users.
  • Alter, modify, frame or "mirror" any Content not supplied by you.

8. Content on the Website

We do not independently verify any Submissions or any Content provided by third parties (collectively, "Content Providers") having an agreement with us to provide Content to the Website. We do not guarantee or warrant any Content is accurate, complete, truthful, or non-objectionable. We do not endorse any Submissions made by Users or Content provided by Content Providers, and all opinions expressed in any such Submissions and Content are exclusively those of the respective supplier.

We reserve the right, at any time and in our sole discretion, to remove any Content from the Website without notice.

Please keep in mind when using the Website that it is possible that other users may remain largely anonymous when using the Website, be other than who or what they claim they are, and have dishonest, deceitful or harmful intentions. In the event that the Website or linked site should at any time include an Available Feature permitting communication between other Users and you, you should exercise discretion and skepticism when evaluating Content and interacting with those Users. You should never provide personal or sensitive information about yourself or any other person except as specifically requested by us as the use of any Available Feature.

9. System Requirements and Accuracy

The speed of information transmission, the accuracy of shape, color and sound reproduction and the quality and legibility of graphics and text are highly dependent on equipment and systems technology. Your ability to use Content will therefore depend, in part, on technical capabilities such as the speed of Internet access and the hardware and software accessing the Content. Consequently, we do not guarantee that any item of Content will remain accurate or accurately depicted to you.

Please note that we may, at any time, change Content, which could alter systems requirements and affect accuracy-depending on your hardware, systems configuration and means of access, among other technical factors. We do not guarantee that you will have access, at any time, to the Website, to any linked site or any available features. Any products or services depicted or referenced on the Website or linked sites are available only while supplies last or the offer remains in effect, as the case may be; the timing of any discontinuance of any such offer and the supply of products may be beyond our control, or we may elect, without notice, for any reason, to discontinue the offer or the supply. We also reserve the right to discontinue any available features at any time, without notice. You agree that the technical information, opinions, recommendations and other information made available to you on the Website or any linked site are provided for your convenience only and shall not be relied upon as substitutes for thorough consultation with appropriately trained professionals.

10. General Practices Regarding Use and Storage

We reserve the right to establish general practices and limits concerning use of, and storage space on, our servers and those of hosting parties and others associated with the Website and any linked sites.

11. Disclaimer

THE WEBSITE, ITS CONTENT AND THE CONTENT OF ANY LINKED SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITE SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE OR ANY LINKED SITE.

WITHOUT LIMITATION TO ANY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE; (B) THE WEBSITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUEST TO THE WEBSITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) CONTENT ON THE WEBSITE IS LAWFUL, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; OR (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION.

YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE OR CONTENT WITH WHICH YOU ARE DISSATISFIED.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL SPRINGER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS SPRINGER’S LIABILITY OR YOUR REMEDIES.

13. Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Springer. Springer neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized Springer employees acting in their official capacities.

14. Links

The Website may contain links to other web sites or resources. You acknowledge and agree that Springer is not responsible or liable for (1) the availability, accuracy, resources and/or content located on such web sites; or (2) the content, advertising, resources, or products on or available on such web sites. The inclusion of any link on the Website does not imply that Springer endorses, sponsors, and/or is affiliated with the linked site.

15. Indemnity

You agree to fully defend and indemnify and hold harmless Springer of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Website or any portion thereof. Choice of counsel remains exclusively that of Springer.

16. Termination

We may, in our sole discretion, at any time and without prior notice, terminate your use of the Website or terminate your rights under these Terms of Use for any or no reason. In our sole discretion, and at any time, we may also discontinue providing the Website or any one or part of it, with or without notice.

We reserve the right to terminate or suspend access to anyone for any reason at any time for any or no reason. Without limitation to the foregoing, we reserve the right to deny any User access to the Website and to terminate any subscription or registration and delete the profile corresponding to that subscription and registration (and any accompanying Content), at any time, if we believe that the Subscriber or Registrant is less than thirteen years of age or the Subscriber or Registrant otherwise fails to abide by these Terms of Use or applicable law.

17. Miscellaneous

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including, without limitation, the Website, will be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law principles. We shall not be liable to you or any third party for any of the foregoing. Sections 5, 6, 11, 12, 13, 15 and 18 shall survive the expiration or termination of these Terms of Use. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action shall arise. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Websites, shall be subject to the exclusive jurisdiction of state or federal courts located in Manhattan, and you hereby consent and submit to the personal jurisdiction of those courts. You may not use or export or re-export the materials at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and us relating to your use of the Website, superseding any other agreement between you and us with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

18. Contact Us

For making a claim of copyright infringement, please use the contact information set forth below.

For all other issues or questions please use the following contact information:

In the Americas
Springer Science+Business Media
Attention: SpringerImages Product Management
233 Spring St. | New York, NY 10013-1578
Telephone: 212-460-1657
E-mail: springerimages@springer.com

All Other Countries
Springer Science+Business Media B.V.
Attention: SpringerImages Product Management
van Godewijckstraat 30
3311 GX Dordrecht
The Netherlands
Telephone: +31(78)6576410
E-mail: springerimages@springer.com

19. Reporting Violations of these Terms of Use

If you became aware of activities or Content that violates these Terms of Use, please immediately notify by using the “Contact us page”. We will take reasonable efforts to respond in a fair and timely manner to reported violations.

20. Reporting Violations of Copyrights

It is Springer's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any content hosted by Springer infringes your copyrights, you may contact us and use the infringement notice (http://www.springerimages.com/report-copyright.aspx or located at the bottom of every image details page). We will immediately take steps to end the alleged infringement. You may also submit a notification pursuant to the relevant requirements Digital Millennium Copyright Act ("DMCA").