1. Introduction
1.1. The BIR Sharing Platform (the 'Platform') is part of the British Institute of Radiology ('BIR', with 'we' and 'our' being construed accordingly) commitment to support professionals and managers working together in imaging and oncology to improve medicine, health and patient care.
1.2. Sharing expertise and resources can save valuable time, which enables more time to be spent diagnosing, treating, and caring for patients.
1.3. We feel lucky to work within a professional community where multi-disciplinary collaboration and sharing is part of the culture. This is a Platform which provides a convenient space for professionals to share resources with each other.
- 2. Accessing the Platform and the Role of the BIR
2.1. These BIR Sharing Platform terms and conditions and the documents referred to in them ('Terms') explain how you may use the Platform. You should read these Terms carefully before using the Platform.
2.2. By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms.
2.3. The Platform is provided by the BIR for use by its registered members. It can be accessed using access details provided to members to use the BIR website. These access details should be kept confidential and not shared with any third party.
2.4. We are not the publisher of materials which are uploaded by the BIR members who use the Platform (the 'Materials') and we do not moderate them, scrutinise them for accuracy or endorse them in any way.
2.5. For the avoidance of doubt, 'Materials’ include the descriptions and tags you provide when you upload your file, as these may also be visible to users of the Platform, along with information and metadata within the file itself that might be hidden in tags or hidden fields, or the notes attached to presentation slides.
2.6. Any views expressed in the Materials by other users of the Platform do not represent our views or values.
2.7. You must not impersonate any person or entity, or misrepresent your affiliation with a person or entity.
2.8. Your privacy and personal information are important to us. Any personal information that you provide to us when using the Platform will be dealt with in line with our privacy policy, which is available here.
- 3. Ownership of the Platform
3.1. The Platform and all intellectual property rights in it, not including the Materials, is owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms.
3.2. Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to access the Platform.
- 4. Accuracy of Materials and availability of the Platform
4.1. We cannot and do not take legal responsibility for the Materials or vouch for their accuracy, quality or currency. Any reliance that you may place on the Materials is at your own risk.
4.2. You must use your own professional judgement about the quality of the Materials you upload and download, and use those Materials lawfully and in line with these Terms.
4.3. We cannot promise that the Platform or any of the Materials will be fit or suitable for any purpose.
4.4. While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times nor do we promise the uninterrupted use by you of the Platform.
4.5. We may suspend or terminate operation of the Platform at any time as we see fit.
- 5. Uploading Materials
5.1. By using this Platform you acknowledge and agree that the BIR does not take legal responsibility for the actions or omissions of anyone who downloads and uses your Material in any way, and that the BIR will not be party to any legal action brought by you arising from the Materials or their use, and you will not seek to involve the BIR in any such legal action. This does not restrict the BIR’s rights to take legal action on its own behalf.
5.2. You acknowledge and agree that you are responsible for maintaining safe backups and copies of any Materials you upload to the Platform.
5.3. You are responsible for ensuring that you only upload Materials to this Platform that are lawful, that are in line with these Terms and that you are entitled to share and permit BIR to make available to other users in accordance with the Creative Commons Attribution 4.0 International Licence.
- 6. Standard of Materials you upload
6.1. All Materials you upload to the Platform must adhere to common norms and standards of professionalism.
6.2. In particular, any Material uploaded must:
- not infringe the intellectual property rights of any third party (including rights in text, images, symbols, designs, plans, ideas, trade secrets, video or audio recordings);
- include appropriate credit and source referencing;
- not contain anything that is confidential to your organisation, any other organisation, any patient, or any other person;
- must not contain any personal data (as defined in the General Data Protection Regulation);
- be provided with any necessary permission of third party or third parties (where applicable);
- not include anything that constitutes defamation, harassment, hate, threat, obscenity, unlawful discrimination, or anything that breaks the law or encourages legal, regulatory, professional, or workplace rules to be broken;
- not include anything that contains any software virus or any other code, file or program that interrupts, damages, or limits the performance of any computer software or hardware or telecommunications equipment or negatively affects access and use of the Platform;
- not represent or suggest that we endorse any other organisation, product or service unless we have separately agreed to do so in writing.
6.3. The standards must be complied with in spirit as well as to the letter. The standards apply to each part of any combination as well as to the whole.
6.4. You must have the right to upload Material and make it available for use in accordance with these Terms.
6.5. Please check to make sure that nothing is hidden in the Materials you upload that might breach the standards set out in these Terms.
6.6. The BIR will determine, in its absolute discretion, whether a contribution breaches the standards.
- 7. Use of your Material
7.1. You agree that by uploading content to the Platform you grant us a non-exclusive, sub-licensable, worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, modify, publish, edit, distribute and display the Materials (in whole or in part) on the Platform, in order to enable us to store and host Material you upload, make it available to other users in accordance with the terms of the Creative Commons Attribution 4.0 International Licence, in line with the scope and functionality of the Platform and in accordance with these Terms.
7.2. You acknowledge and agree that no monies will be payable by us to you in respect of this licence.
7.3. Please note that BIR members and partners reside in all parts of the world, and materials may be accessed and downloaded anywhere that people have access to this Platform.
7.4. If you would like us to remove any Material you have uploaded from the Platform, please email us at membership@bir.org.uk using your correct name and your usual email address. We may ask for further information to ensure we are in contact with the correct person. We aim to respond within two working days. Please note that our offices are closed between Christmas Day and New Year’s Day each year.
- 8. Monitoring and removal of Material
As above, we do not pre-screen Material uploaded by users but we have the right to monitor this content if we wish. If we determine that any such Material is inappropriate or otherwise breaches these Terms, we may remove such Material from the Platform without any liability to you or to a third party, or take any action we consider necessary to remedy the breach.
- 9. Use of Materials downloaded
9.1. By downloading Materials from the Platform you acknowledge that your use of such Materials will be governed by the Creative Commons Attribution 4.0 International Licence, and agree to comply with its terms.
9.2. By using this Platform you acknowledge that all Material uploaded by users is the sole responsibility of the person or organisation from which such Material originated. As above, we accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of this Material.
- 10. Limit on our responsibility to you
10.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible under or in connection with these Terms for:
- losses that:
- were not foreseeable to you and us when the contract was formed; or
- that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
- 11. Reporting problems
11.1. If you think there is a problem with anything on the Platform or think something should be removed, please email us at membership@bir.org.uk using your correct name and your usual email address). We do not respond to anonymous complaints.
11.2. We aim to respond within two working days. Please note that our offices are closed between Christmas Day and New Year’s Day each year.
11.3. We will investigate the problem and inform you of the result. We will aim to resolve problems as quickly as our resources allow, and will aim to resolve problems within two weeks, though the time it takes to resolve the problem will depend on the complexity of the problem.
- 12. Changes to these Terms
These terms may be updated by us from time to time. Your continued use of the Platform after any such changes have been made constitutes your acceptance of the Terms. If you do not agree to these changes, and want us to remove your Materials, please email us at membership@bir.org.uk and do not use or access (or continue to use or access) the Platform.
- 13. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
- 14. Additional documents
Before using the Platform also read the Creative Commons Attribution 4.0 International Licence.
- 15. Governing law and jurisdiction
15.1. By using this Platform you agree that any legal disputes will be governed by the laws of England and Wales.
15.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims).
- 16. About the British Institute of Radiology
The British Institute of Radiology is a charity based at 48-50 St John Street, London, EC1M 4DG. Registered Charity Number: 215869.
- 17. Date of last update
These Terms were last updated on 22 October 2019.
