In these General Terms & Conditions, "QMUL" means Queen Mary University of London, a body registered in England under number RC000710 of principal address Mile End Road, London E1 4NS.
On submitting an entry to the QMUL LSI Image Awards (the "Competition") you are agreeing to the General Terms and Conditions set out herein including the licence terms and conditions for copyright of your submitted image attached as Appendix 1.
- Entry forms which are not properly completed will not be accepted.
- Submissions must not portray nudity or illegal activities. QMUL reserves the right to reject images which are deemed inappropriate or unsuitable for publication.
- QMUL's decision is final and no correspondence will be entered into.
- By entering the Competition, the entrant agrees to take part in any publicity arising from the Competition and authorises QMUL's inclusion in any third party publicity.
- QMUL will only use the personal details supplied for the administration of the Competition and for no other purpose, unless it has consent.
- Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations (expressed or implied by law) of QMUL are hereby excluded. To the fullest extent permitted by law, QMUL hereby excludes and shall not have any liability to any entrant in connection with or arising out of this Competition howsoever caused, including for any costs, expenses, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude the QMUL's liability for personal injury or death caused by its negligence.
- A failure by QMUL to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant, nor shall it be deemed to be a waiver of any of QMUL's rights in relation to the same.
- In the event that any provision of these General Terms and Conditions including the license terms and conditions set out in Appendix 1 or any other terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
- QMUL may vary the terms of, or terminate the Competition at any time where it has reasonable grounds to do so at its absolute discretion without liability to any entrant or other person.
- For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition is QMUL's sole property and QMUL may exploit the same at its absolute discretion.
- The Competition, these General Terms & Conditions including the license terms and conditions set out in Appendix 1 are governed by the laws of England and participants submit to the exclusive jurisdiction of the English courts.
External or Barts Health Trust applicants
Where you are submitting an entry to the QMUL LSI Image Awards as a member of the public (i.e. non-QMUL staff or student), you hereby confirm and agree:
- that you are the sole creator of and/or the sole owner of the copyright of the image
- that you have obtained, as appropriate, the consent of the subject of the image (person or place) to its publication
- that the subject matter of the image is not prohibited from being published for any reason (e.g. confidentiality restrictions)
- to license the photograph/ image to QMUL for marketing and promotional purposes in any context whatsoever on the terms of the licence set out in Appendix 1 which are based on the standard Creative Commons Attribution 4.0 International Public License (Attribution CC BY) ("Creative Commons Licence")
QMUL employees or students
Where you are submitting an entry to the QMUL LSI Image Awards as a QMUL employee or a QMUL student, you hereby confirm and agree:
- that the ownership of the intellectual property in the entry/ image you submit will be determined in accordance with QMUL's IP policy (as amended from time to time)
- where you are the copyright owner of the image/ entry, (in addition to any rights that QMUL may have to the image/ entry under the QMUL IP Policy), you agree in consideration for having your photograph/ image accepted for entry to the QMUL - LSI Image Awards to license the photograph/ image to QMUL for marketing and promotional purposes in any context whatsoever without further permission or compensation and on the license terms and conditions set out in Appendix 1. To the extent that the license terms and conditions set out in Appendix 1 conflict with QMUL's IP policy, QMUL's IP policy will prevail
- that you have obtained, as appropriate, the consent of the subject of the image (person or place) to its publication
- that the subject of the image is not prohibited from being published for any reason (e.g. confidentiality restrictions)
By your agreement to the terms of the license in Appendix 1 which is based on a Creative Commons Licence, QMUL is irrevocably free to:
Share — copy and redistribute the material/ image in any medium or format
Adapt — remix, transform, and build upon the material/ image for any purpose, even commercially.
Credit will be given where the image is reproduced.
By submitting this form you are agreeing to the above terms and conditions of entry.
APPENDIX 1 – Licence for copyright of image submitted to QMUL LSI Image Awards
By submitting an entry to the QMUL – LSI Image Awards, all participants will be deemed to have accepted and will be bound by the QMUL LSI Image Awards General Terms and Conditions (General Terms & Conditions) including the licence set out in this Appendix 1 to the General Terms & Conditions which is based on the Creative Commons Attribution 4.0 International Public License (Attribution CC BY).
To the extent this Public License (subsequently defined) may be interpreted as a contract, QMUL is granted the Licensed Rights (defined below) in consideration of its acceptance of these license terms and conditions, and the Licensor (defined below) grants QMUL such rights in consideration of benefits the Licensor receives from making the Licensed Material (defined below) available under these license terms and conditions. In granting the Licensed Rights under this licence, the Licensor agrees to be bound by the terms and conditions of this license (Public License) which is based on the Creative Commons Attribution 4.0 International Public License.
To the extent that this Appendix 1 conflicts with the General Terms & Conditions set out in the main body of the Entry form, the General Terms & Conditions set out in the main body of the Entry form will prevail.
Section 1 – Definitions.
- Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
- Adapter's License means the license QMUL applies to its Copyright and Similar Rights in its contributions to Adapted Material in accordance with the terms and conditions of this Public License.
- Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
- Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
- Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to QMUL's use of the Licensed Material.
- Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License. In this case, the Licensed Material includes the image which is submitted by the Licensor to QMUL for the QMUL LSI Image Awards.
- Licensed Rights means the rights granted to QMUL subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to QMUL's use of the Licensed Material and that the Licensor has authority to license.
- Licensor means the individual(s) or entity(ies) participating in the QMUL LSI Image Awards who/which are granting rights to QMUL under this Public License.
- Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
- Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
- "QMUL" means Queen Mary University of London, a body registered in England under number RC000710 of principal address Mile End Road, London E1 4NS which is the entity exercising the Licensed Rights under this Public License.
Section 2 – Scope.
a. License grant.
- Subject to the terms and conditions of this Public License, the Licensor hereby grants QMUL a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
- reproduce and Share the Licensed Material, in whole or in part; and
- produce, reproduce, and Share Adapted Material.
- Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to QMUL's use, this Public License does not apply, and QMUL does not need to comply with its terms and conditions.
- Term. The term of this Public License is specified in Section 6(a).
- Media and formats; technical modifications allowed. The Licensor authorizes QMUL to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid QMUL from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
- Downstream recipients.
- Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
- No downstream restrictions. QMUL may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
- No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that QMUL is, or that QMUL's use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
b. Other rights.
- Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow QMUL to exercise the Licensed Rights, but not otherwise.
- Patent and trademark rights are not licensed under this Public License.
- To the extent possible, the Licensor waives any right to collect royalties from QMUL for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 – License Conditions.
QMUL's exercise of the Licensed Rights is expressly made subject to the following conditions.
- If QMUL Shares the Licensed Material (including in modified form), it must:
- retain the following if it is supplied by the Licensor with the Licensed Material:
- i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent QMUL considers reasonably practicable;
- indicate if QMUL modified the Licensed Material and retain an indication of any previous modifications; and
- indicate the Licensed Material is licensed under this Public License, and, where reasonably practicable, include the text of, or the URI or hyperlink to, this Public License.
- QMUL may satisfy the conditions in Section 3 paragraph (a)(1) in any reasonable manner based on the medium, means, and context in which it Shares the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
- If reasonably requested by the Licensor, QMUL must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
- If QMUL Shares Adapted Material it produces, the Adapter's License QMUL applies must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to QMUL's use of the Licensed Material:
- for the avoidance of doubt, Section 2(a)(1) grants QMUL the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
- if QMUL includes all or a substantial portion of the database contents in a database in which QMUL has Sui Generis Database Rights, then the database in which QMUL has Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
- QMUL will comply with the conditions in Section 3(a) if it Shares all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace QMUL's obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Section 5 – Disclaimer of Warranties and Limitation of Liability.
- Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to QMUL.
- To the extent possible, in no event will the Licensor be liable to QMUL on any legal theory or otherwise for any special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to QMUL.
- The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
- This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if QMUL fails to comply with this Public License, then its rights under this Public License terminate automatically.
- Where QMUL's right to use the Licensed Material has terminated under Section 6(a), it reinstates:
- automatically as of the date the violation is cured, provided it is cured within 30 days of QMUL's discovery of the violation; or
- upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for QMUL's violations of this Public License.
- For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 – Other Terms and Conditions.
- The Licensor shall be bound by these license terms and conditions.
- Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 – Interpretation.
- For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
- To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
- No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
- Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or QMUL, including from the legal processes of any jurisdiction or authority.