BioRender - User Content Terms
User Content Terms
1. Overview
Our Services provide you with a robust platform to use BioRender Content, combined with content you develop on your own or license from a third-party (“User Content”), to create final illustrations, images, figures, drawings and graphics (“Completed Graphics”). For purposes of these terms (“User Content Terms”), User Content shall include any data or other content or information provided by you or on your behalf to BioRender as well as your Completed Graphics. Please keep in mind that to the extent that you include BioRender Content in your Completed Graphics, we place limitations on the use of such Completed Graphics under our Terms of Service.
BioRender has the right to refuse to accept any User Content for any reason or no reason. BioRender has the right to remove any User Content from our Service at any time for any reason (including but not limited to our belief that your submission would or does subject us to legal action or if your User Content violates the terms of our Agreement with you). You have the right to remove any of your User Content from our Service at any time for any reason.
These User Content Terms form an integral part of our Terms of Service and are incorporated by reference therein. Capitalized terms that are not defined in these User Content Terms have the meaning given them in our Terms of Service.
2. Ownership, Permitted Content
Except as specifically set forth in this Agreement, nothing in this Agreement assigns or grants to BioRender any right, title or interest including any Intellectual Property Rights in or to User Content and you retain all ownership and Intellectual Property Rights in and to the User Content. However, please note that if you are a Permitted User of an Organizational Customer, any Intellectual Property Rights you have in User Content may be subject to the rights of such Organizational Customer. For avoidance of doubt, by using our Services, you waive any and all Intellectual Property in a Completed Graphic to the extent to which it interferes with our own Intellectual Property Rights in BioRender Content or any Modifications to BioRender Content which are granted to us under our Content License Terms. Since a Completed Graphic is comprised of both BioRender Content (including any Modifications) and your User Content, the license you provide to us in this User Content Terms is also intended to extend to the Completed Graphics that are prepared.
You agree that you are solely responsible for all User Content that you make available on or through the Service. You represent and warrant that (i) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated in this User Content Terms; (ii) if your User Content contains any Personal Information that you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by Applicable Law, to enable BioRender to provide the Services (including any Software Services) to you, including with respect to the collection, storage, access, use, disclosure and transmission of such Personal Information, and (iii) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Service will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation. Any and all User Content submitted to our Services must be your own original work or work that you obtain under license from the original author. You are responsible for obtaining the permission from any previous publisher or Copyright holder of your User Content if you are re-using any content published elsewhere, or that is copyrighted.
3. License Grant.
By submitting User Content to the Service, including any Completed Graphics containing such User Content, you grant to BioRender and its Affiliates a nonexclusive, fully paid-up right to translate, modify (for technical purposes including to ensure content is viewable on different platforms), reproduce, process, host, store, maintain and transmit User Content and Completed Graphics created with your User-Account to:
- operate improve and enhance the Services and its other offerings, enforcement of our rights or for any purpose you agree in writing or through your User-Account,
- produce data, information or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”) in which case BioRender may use, process, store, disclose and transmit the Aggregated Data for any purpose and without restriction or obligation to any Customer of BioRender (or such Customer’s Permitted Users). You agree that the licenses you grant are non-exclusive royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when your User-Account is deleted, we will stop displaying your User Content and Completed Graphics to other users except (i) to the relevant Organizational Customer who established your User-Account if you are a Permitted User, and (ii) if you authorized and granted public access to such content for a Public Gallery (as defined below) it will remain available to other Users. You understand and agree that it may not be possible to completely delete any content from our computer servers, and that your User Content and Completed Graphics may remain viewable elsewhere to the extent that they were available to be copied or stored by other users of our Services as permitted herein.
4. Community Galleries
By submitting any User Content for public use in our community galleries (“Public Gallery”), you hereby grant BioRender, a worldwide, non-exclusive right and license to copy, reproduce, create derivative works, publicly display, market, sublicense and sell any such User Content and Completed Graphics uploaded by you and accepted by BioRender to its Public Galleries, subject to these User Content Terms and the requirement that you are provided appropriate credit for such User Content and/or Completed Graphics. If you elect to provide and publicly display your User Content in our Public Galleries, BioRender shall have the right, but not the obligation, to license all such User Content to its Users in accordance with BioRender’s Terms of Service. The specific terms that will govern specific User Content will be determined by the license under which a particular User downloads such User Content. By posting User Content and/or Completed Graphics to our Public Galleries, you acknowledge and agree that you are also granting Bio-Render and third-parties the right to use and reproduce any Intellectual Property including themes or ideas you create using our Services that may be embedded in your User Content and/or Completed Graphics and you will not be entitled to any consideration therefor.