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Website Terms of Use

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Last updated: 19 March 2019
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1.            GENERAL

This website is owned and operated by Abcam plc (company number 03509322), whose registered office is at Discovery Drive, Cambridge Biomedical Campus, Cambridge, CB2 0AX, UK. It provides information to our customers on the products and services that We offer, as well as the ability to purchase our Products online.

For the purposes of these Terms of Use: “Abcam”?, “We”, “Our” and “Us” refers to Abcam plc and its affiliates; “You” and “Yours” refers to any person(s) accessing this website (including any person(s) who access(es) this website on behalf of someone else); “Our Websites” means www.abcam.com, www.abcam.jp, www.zm522.com, careers.abcam.com, www.abcamplc.com, go.myabcam.com, and tipbox.abcam.com (in each case, including any underlying computer programs  (e.g. APIs), domain names, URLs, databases, Our mobile app(s) and any webpage and/or data that passes through Our web domains); and “Content” includes any data or information made available on any of Our Websites.

Contact us here.
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Jump ahead to:
?2. Use of Our Website
3. Scope of These Terms of Use
4. Prohibitions on Use of Our Websites
5. Permitted Use of Content
6. Limitation of Liability
7. Indemnification
8. Links to Other Websites
9. Linking to Our Websites
10. Intellectual Property
11. Contributions by third party users
12. Our remedies for Breach of these Terms of Use
?13. Applicable law and jurisdiction


2.            USE OF OUR WEBSITES

Please review these Terms of Use before using any of Our Websites or Content. Each use by You of any of Our Websites or Content, either directly or through a third party, indicates that You agree to be legally bound by these Terms of Use and to use any of Our Websites or Content in accordance with them. In particular, You agree not to do any of the acts prohibited under the Prohibition on Website Use and Permitted Use of Content sections, and to indemnify us against your breach of these Terms of Use as set out in the Indemnification section.

If You do not agree to these Terms of Use, You may not, and agree not to, access or use any of Our Websites or Content.

We may change these Terms of Use at any time, and any such change will take effect as soon as the amended Terms of Use are posted on this website. Your use of any of our Websites or Content following any such change indicates Your acceptance of those revised terms (as set out above). 

We cannot guarantee that Our Websites or Content will always be available or that Your access to them will be uninterrupted. We may remove, suspend or change all or any part of any of Our Websites or Content at any time without notice.


3.            SCOPE OF THESE TERMS OF USE

These Terms of Use only apply to Your use of any of Our Websites or Content and incorporate the following additional terms:

·    Our Privacy Policy, which sets out how We process any personal data You supply to us, including when You use any of Our Websites; and 

·    Our Cookie Policy, which provides information about the use of cookies on Our Websites.

·    Our Terms and Conditions of Sale will apply to any purchase You make of Our products on any of Our Websites. If We enter into any other agreement with You in relation to Our products or services, those terms will also apply (as applicable).

If any provision of these Terms of Use is found to be or becomes invalid or unenforceable, then that provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable (or, where that is not possible, that provision will be removed from these Terms of Use), in each case, without affecting the validity or enforceability of any other provision.


4.            PROHIBITIONS ON USE OF OUR WEBSITES

Unless We agree otherwise, You must not (and must not engage a third party to):

·    conduct any automated activities or manual process on any of Our Websites (including, without limitation, the use of any automated system, software, algorithm, device, method, mechanism or tool (e.g. screen scrapers, bots, spiders or web crawlers)) to access, monitor, extract, collect, store, reorganize or summarize any Content (including, without limitation, Our product catalogue and prices), except: (i) for the sole purpose of search engine indexing; or (ii) where, and only to the extent, You have Our prior written agreement to do so;

·    use any of Our Websites or Content (including, without limitation, our unique product identifiers) for any commercial purpose;

·    reproduce, duplicate, copy or re-sell any part of any of Our Websites in breach of these Terms of Use;

·    decompile, disassemble or reverse engineer any of Our Websites;

·    access without authority, interfere or attempt to interfere with, damage or disrupt:

  •      any part of any of Our Websites;
  •      any equipment or network on which any of Our Websites is stored; or
  •     any software used in connection with the provision of any of Our Websites;

·    use any Our Websites in any way that breaches any applicable local, national or international law or regulation, or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·    use any of Our Websites to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;

·    use any of Our Websites to disclose the confidential information of any person or entity, including, without limitation, Our confidential information;

·    use any of Our Websites to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (e.g. spam);

·    use any of Our Websites to knowingly transmit any data or send or upload any material that contains viruses, trojans, logic bombs, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or computer code designed to adversely affect the operation of any computer software, hardware or infrastructure; or

·    attempt to interfere with the operation or functionality of, or gain unauthorised access to, any of Our Websites, their underlying infrastructure or any connected hardware, including by knowingly introducing any virus, trojan, logic bomb or other harmful or malicious material. You also agree not to attack any of Our Websites via a denial-of-service attack or a distributed denial-of service attack, or do anything else that is intended to impose an unreasonably large load on any of Our Websites or their underlying infrastructure. By breaching this provision, You may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement and regulatory authorities and will co-operate with them, including by disclosing Your identity to them.

As set out in the Remedies for Breach (HYPERLINK TO REMEDIES FOR BREACH BELOW) section, We reserve the right to take such action as We consider appropriate, including issuing legal proceedings without further notice, in relation to any breach of these restrictions or any other unauthorized of any of Our Websites or Content.


5.            PERMITTED USE OF CONTENT

You may print off a copy, and may download extracts, of any page(s) from Our Websites for Your personal use only, provided that You retain on them any references to Abcam or any notices regarding Our copyright or other proprietary rights. You may draw the attention of others within Your organisation to any Content, in each case, provided that any subsequent use of that Content complies with these Terms of Use.

You must not modify the paper or digital copies of any Content You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text (unless You have Our written agreement to do so).

Our status (and that of any identified contributors) as the authors of any Content must always be acknowledged.

Other than as expressly permitted under these Terms of Use, you must not use any  Content for commercial purposes without obtaining Our prior written authorisation to do so.   

You must not contact any individuals listed on our website (for example, our conference speakers) for marketing purposes unless You have their prior consent to do so.

You may refer to Abcam, Our products and Our unique product identifiers in academic publications. If You would like to use an image or any other Content for academic purposes, please contact us.

Notwithstanding the above, You may use any Content that is related to products and services that You have purchased from, or that have been provided by, Us or Our authorized distributors for the sole purpose of using those products or services in accordance with Our Terms and Conditions of Sale (or any other relevant written agreement (as applicable)).


6.            LIMITATION OF LIABILITY

The content on Our Websites is provided for general information only.

Although we make reasonable efforts to update the information on Our Websites, we make no representations or warranties, whether express or implied, that the content on Our Websites is accurate, complete or up to date.

We be not be liable for any losses or damages of any kind (including, without limitation, direct, indirect, special, punitive, exemplary, incidental or consequential damages) arising out of access to, or use of, any of Our Websites or Content (or of any websites or content that are linked to on any of Our Websites), in each case, whether in contract, tort (including negligence) or otherwise.

See our Terms and Conditions of Sale for our Return and Replacement Policy in the event a product does not perform in accordance with its datasheet. 


7.            INDEMNIFICATION

You agree to indemnify Us on demand from any liability, loss, damage or expense (including reasonable legal fees) that We incur in connection with Your breach of these Terms of Use (including, without limitation, any breach by person(s) acting on Your behalf).

For clarity, this means You will be responsible for any loss or damage We suffer because of Your breach.


8.            LINKS TO OTHER WEBSITES

Our Websites may contain links to other websites and resources provided by third parties. These links are provided for Your information only and are not Our endorsement or approval of those linked websites or any data or information You may obtain from them.

We have no control over, and are not responsible for, the contents of those sites or resources. If You choose to access and use any such link, You do so entirely at your own risk.


9.            LINKING TO OUR WEBSITES

You may provide a hyperlink to any of Our Websites, provided:

·    you do so in a way that is fair and legal and does not damage Our reputation or seek to take advantage of it;

·    the hyperlink does not suggest any form of association, approval or endorsement between Us and You where none exists;

·    the content of the website in which the hyperlink is inserted complies with the Content Standards; and

·    no part of any Our Websites is framed on any other site unless You have Our written agreement to do so.

If You wish to link to any of Our Websites other than as set out above, please contact us. We reserve the right to withdraw Our consent to any linking at any time without notice.


10.            INTELLECTUAL PROPERTY

Our Websites, including their layout, design (e.g. color scheme) and graphics, and any Content (including any data, information or material provided on this site by Abcam, or by third parties (e.g. by way of submission of an Abreview?)), may be subject to copyright, patents, trademarks, know-how, design rights, database rights and/or other unregistered or registered intellectual property rights that are owned by Us or Our licensors.

You may only use Our Websites and any Content as permitted by these Terms of Use (or as We otherwise agree). Any use and/or activity not in accordance with these Terms of Use (or as We have otherwise agreed) is strictly prohibited, will constitute a breach of these Terms of Use and may infringe Our licensors’ intellectual property rights.


11.            CONTRIBUTIONS BY THIRD PARTY USERS

Some Content may be uploaded by independent third-party users of Our Websites (each a “Contribution”). Unless clearly stated otherwise, We do not verify or approve Contributions. Any views expressed by a third party on any of Our Websites, including contributors on tipbox or any Abreview, are the views of that third party and do not represent Our views or values.

Content Standards

Each Contribution must comply with the following standards:

·    be accurate (where it states any facts);

·    be genuinely held (where it states any opinion); and

·    comply with any applicable local, national or international law or regulation.

A Contribution must not:

·    be defamatory;

·    be obscene, offensive, hateful or inflammatory;

·    promote sexually explicit material or violence;

·    promote any type of discrimination, including based on race, sex, religion, nationality, disability, sexual orientation or age;

·    infringe any third party’s rights;

·    be likely to deceive;

·    breach any legal duty owed to a third party, including, without limitation, any contractual duty or duty of confidence;

·    promote or assist any illegal or unlawful activity, including, without limitation, copyright infringement or computer misuse;

·    contain a statement which You know or believe, or have reasonable grounds to believe, would be understood as a direct or indirect inducement to commit, prepare or instigate acts of terrorism; and

·    contain any advertising or promote any services or products offered by third parties, including via a link to a third party’s website.

In addition, each submission of an Abreview must also comply with Our terms and conditions for such Abreview submission.

We reserve the right to remove without notice any Contribution that We determine, at our discretion, fails to meet the standards set out in this section. Furthermore, You warrant to us that any Contribution You make will comply with these standards.

We may disclose Your identity to any third party that claims that a Contribution posted or uploaded by You to any of Our Websites constitutes an infringement or violation of their rights.

If you would like to complain about any Contribution, please contact us.

Rights in Contributions

You will retain ownership of your rights in any Contribution that you submit. By submitting a Contribution to any Our Websites, You grant us a sole licence to use, store, copy, distribute and make the Contribution available to third parties. 

In addition, the Terms and Conditions will apply to any Abreview submissions.


12.            OUR REMEDIES FOR BREACH OF THESE TERMS OF USE

If We consider that a breach of these Terms of Use has occurred or is likely to occur, We may take any such action as We deem appropriate, including (without prejudice to any of Our other rights):

·    immediately withdrawing (temporarily or permanently) Your right to use and/or denying You further access to Our Websites and/or Content;

·    immediately removing (temporarily or permanently) any Contribution provided by You;

·    bringing legal proceedings against you; or

·    disclosing information relating to that breach to law enforcement and/or regulatory authorities, in each case, as We reasonably feel is necessary or as required by law.


13.            APPLICABLE LAW AND JURISDICTION

Your use of our Websites or any Content and these Terms of Use, including any dispute arising out of any of them, their subject matter or their formation (including any non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law. You agree to submit to the exclusive jurisdiction of the English courts.

Where these Terms of Use are translated into any language other than English, the English language version shall prevail in the event of any conflict.

You acknowledge that damages alone are unlikely to be an adequate remedy for any breach of these Terms of Use, and that We shall be entitled to receive an injunction, specific performance or any other equitable relief in connection with any actual or threatened breach.

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