Terms of Online Submission and Copyright Assignment and Licensing Agreement

Terms of Online Submission and Copyright Assignment and Licensing Agreement

The Global Library of Scientific Images (“GLSI” or “the site”), part of Huntington Scientific, LLC (“Huntington Scientific” and “we,” “us,” and “our”), is an online scientific journal that works with submitters to publish high quality medical and scientific imagery and associated information, with the goal of advancing scientific knowledge and information sharing.

The GLSI editorial review process emphasizes the scientific, technical, and ethical validity of content submissions. Medical and other scientific images dealing with scientific and clinical subject matter will be considered for publication provided they meet these Terms of Online Submission and Copyright Assignment and Licensing Agreement (as used herein, the “Terms of Online Submission”) and satisfy GLSI’s editorial review process. We pride ourselves on the quality of our online journal, including users’ and submitters’ interactions with us and the nature of our content. To that end, we also reserve the right to consider submissions for future publication consistent with the development of the site and the achievement of its aims.

Huntington Scientific reserves the exclusive right to decline to publish any material submitted to it for any reason and makes no guarantee that any submission will be published (at the time of submission or in the future). Huntington Scientific does commit itself to complete and honest review of all legitimate scientific images submitted consistent with these Terms of Online Submission. In general, refunds of any fees of submission will not be offered; we charge these fees to help ensure the integrity of the submission process, the quality of material submitted for possible publication, and to fund our operations.

Huntington Scientific only accepts submissions for publication on the GLSI site from Registered Users and only through the GLSI site, as further described herein and on the site. Huntington Scientific does not, as a matter of course, review or accept submissions in any other form and makes no commitment to view or consider images or information provided in any other way. To become a Registered User, click here.

Terms of Online Submission: last updated September 19, 2018

I. Website Terms and Conditions

The use of the GLSI site is governed generally by GLSI’s Website Terms of Use. You should review the Website Terms of Use along with these Terms of Online Submission. By submitting content for publication on the GLSI site, you agree to the Website Terms of Use. In the event of any inconsistency between the GLSI’s Website Terms of Use and these Terms of Online Submission, these Terms of Online Submission will govern. 

II. Privacy

Huntington Scientific is committed to protecting your privacy. We also use information you provide to publish the material submitted to us for publication and for other purposes, including to improve our operations and the services we provide. Our Privacy Notice describes our policies regarding your personal information, including information on how we collect, use, protect, and disclose personal information. By submitting content for publication on the GLSI site, you agree to our privacy practices as described in our Privacy Notice .

III. Image Form and Minimum Quality Standards

Images and videos submitted to Huntington Scientific for publication must have a minimum resolution of 300px by 300px and a maximum resolution of 3500px by 3500px.  Every image submission must be accompanied by a textual description, which should conform to the following format:

No textual description can be longer than 800 characters.

Your submission, if published, will be identified with the information in your Registered User account and entered on the submission form at the time of publication. You should ensure that all information entered is as you want it to appear in the publication.

IV. Copyright Right Assignment and License

By submitting images and text to Huntington Scientific through this online submission form, you are agreeing that Huntington Scientific can publish the submitted materials on the GLSI site and to the other Terms of Online Submission. Importantly, you are further agreeing, through your indication below, to these Terms of Online Submission. This agreement affects your rights to and use of the material you are submitting, as well as Huntington Scientific’s rights to and use of that material.

Please read the terms of this Copyright and Licensing Agreement (“this Agreement”) carefully:

    1. Assignment. Effective upon Huntington Scientific’s Acceptance (as used herein, “Acceptance” includes Huntington Scientific’s determination that the Works meet these Terms of Online Submission) of the Works, you irrevocably convey, transfer, and assign to Huntington Scientific, and Huntington Scientific accepts, all of your right, title, and interest in and to the following (collectively, the “Works”):
      1. all works of authorship and derivative works thereof created by you and submitted through this Online Submission webpage, arising under any applicable law of any jurisdiction throughout the world or any treaty or other international convention, including but not limited to the right to create and distribute derivative works, any registrations and applications for registrations of copyright rights in the Works, and any issuances, extensions, and renewals of such Works (collectively the “Acquired Rights”);
      2. all future corrections of errors or faults and other future modifications and derivative works of which you obtain copyright ownership relating to the Works;
      3. any and all royalties, fees, income, payments, and other proceeds now or hereafter due or payable with respect to any and all of the foregoing; and
      4. any and all claims and causes of action with respect to any of the foregoing, whether accruing before, on, or after the date hereof, including all rights to and claims for damages, restitution, and injunctive and other legal and equitable relief for past, present, and future infringement, misappropriation, violation, misuse, breach, or default, with the right but not the obligation to sue for such legal and equitable relief and to collect, or otherwise recover, any such damages and restitution.
    2. Consideration. As consideration for the conveyance, assignment, and transfer of all of the Acquired Rights, you agree to pay to Huntington Scientific the non-refundable payment of as set forth in these Terms of Online Submission by transferring the non-refundable payment as provided by Huntington Scientific, upon Huntington Scientific’s Acceptance of the Acquired Rights.
    3. Definitions.
      1. Acceptance. Defined as used in Paragraph 2 of this Agreement.
      2. Acquired rights. Defined as used in Paragraph 1 of this Agreement.
      3. Affiliates. Defined as used in Paragraph 8(b) of this Agreement.
      4. Authorized Use(s). Defined as used in Paragraph 4(a) of this Agreement.
      5. Huntington Scientific Indemnified Party. Defined as used in Paragraph 8(b) of this Agreement.
      6. Educational Use. Defined as used in Paragraph 4(a)(i) of this Agreement.
      7. Indemnified Claim. Defined as used in Paragraph 8(b) of this Agreement.
      8. Licenses. Defined as used in Paragraph 4 of this Agreement
      9. Losses. Defined as used in Paragraph 8(b) of this Agreement.
      10. Outstanding Licenses. Defined as used in Paragraph 5(f) of this Agreement.
      11. Patient Identifying Information. Patient Identifying Information includes any and all patient identifying information, including the patients’ images, names, addresses, initials, birthdate, hospital number, or other information by which the identity of a patient can be determined with reasonable accuracy or by reference to other publicly available information.
      12. Permitted Use(s). Defined as used in Paragraph 4(a)(i)-(ii) of this Agreement.
      13. Third-party Claim. Defined as used in Paragraph 8(b) of this Agreement.
      14. Works. Definition as used in Paragraph 1(a) of this Agreement.
    4. License Grant.
      1. License Terms and Authorized Use. In further consideration and subject to and conditioned upon your performance of its obligations and conditions under this Agreement, Huntington Scientific grants to you a royalty-free, non-exclusive, non-sublicensable, non-transferable, limited license to use the Works, effective upon Huntington Scientific’s Acceptance of the Works, without alteration solely in accordance with Paragraphs 4(a)(i)-(ii), below.
        1. You may use the Works for EDUCTIONAL USE ONLY as Permitted Uses. Such educational use is limited to: (A) noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions; (B) planned noncommercial study or investigations directed towards making a contribution to a field of knowledge; and (C) presentation of research findings at noncommercial peer conferences, workshops, or seminars. For clarity, the you may not use the Works in products for resale, license or any other distribution. Any use of the Works that is not an Educational Use shall constitute a copyright infringement.
        2. Any additional Permitted Use(s) must be approved in writing by Huntington Scientific, LLC. If there is any doubt that a proposed use is a Permitted Use, you should contact Huntington Scientific, LLC for guidance.
      2. Use Restrictions. You shall not, and shall not permit others to modify, adapt, translate, enhance, or otherwise prepare derivative works or improvements of the Works, including lending, selling, or sublicensing, transferring, assigning, distributing, publishing, or otherwise providing access to the Works to any third-party except for the limited purposes set forth in Paragraph 4(a)(i)-(ii) of this Agreement. Your authorized use of the Works must include the Huntington Scientific, LLC source identification included below, or such other identification of Huntington Scientific as may at a later time be provided to you by us. Any time the Works are used by you, you must include this source identification in accordance with the terms of this Agreement.
    5.  Source Identification. Source identification must follow the format below: “Image provided by Global Library of Scientific Images (https://www.globallibraryofscientificimages.com), [Contributor name], [image number].”
    6.  
      1. Notice and Opportunity to Cure. If you breach your obligations under this Agreement, Huntington Scientific shall give you written notice of such breach, and the opportunity to cure such breach for a period of 30 days after the delivery of the notice of breach.
      2. Termination. Huntington Scientific shall have the right to terminate the License provided for in this Paragraph 4 if you breach any terms of this Agreement without Huntington Scientific’s prior written consent and do not cure such breach as provided in Paragraph 4(c). In the event of any termination of the License pursuant to this Paragraph 4, you shall discontinue any use of the Works within 14 days. Any purported assignment, delegation, or transfer in violation of this Agreement shall be null and void.
    7. Your Representations, Warranties, and Rights.
      1. Your rights. You have the full right, power, and authority to enter into this Agreement and perform its obligations hereunder. You represent and warrant that you have complied with and obtained any necessary permissions to grant to Huntington Scientific the rights set forth in this Agreement by complying with any and all legal terms, policies, or ethical requirements imposed by any intuition or government entity (including, for example, an employer). When executed and delivered by both Parties, this Agreement will constitute a legal obligation, enforceable against you in accordance with its terms and conditions.
      2. Ownership. You warrant that you own all right, title, and interest in and to the Works, free and clear of liens, security interests, or other encumbrances, or you hereby warrant that you will identify through these Terms of Online Submission any and all others known or thought to have rights to the Works.
      3. Validity and Enforceability. You believe the Works are valid, subsisting, and enforceable in all applicable jurisdictions.
      4. Non-infringement. You believe the application, registration, and ownership in the Works, and exercise of the acquired rights to the Works do not and will not infringe, misappropriate, or otherwise violate the rights of any third-party or violate any applicable regulation or law. You believe no person has infringed, misappropriated, or otherwise violated, or is currently infringing, misappropriating, or otherwise violating any rights to the Works.
      5. Waiver of Moral Rights. To the utmost extent legally permitted, you hereby forever waive and agree never to assert any and all Moral Rights (as defined below) that he/she may have in or with respect to any Works. “Moral Rights” mean any rights to claim authorship of a Work, to object to or prevent any modification or destruction of any Work, or to withdraw from circulation or control the publication or distribution of any Work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is denominated or generally referred to as a “moral right.”
      6. Privacy. To the extent that the Works contain Patient Identifying Information, you represent and warrant that you have the Patient’s Informed Consent to use the image and associated information for publication in print and electronic form.
      7. Further Assurances. You shall, at the request of Huntington Scientific, perform (or procure the performance of) all further acts and things, and execute and deliver (or procure the execution or delivery of) all further documents which Huntington Scientific reasonably considers necessary to give full effect to this Agreement or to vest in Huntington Scientific the full benefit of the Acquired Rights including assignment of the Acquired Rights.
    8. Representations, Warranties, and Rights of Huntington Scientific.
      1. Rights of Huntington Scientific. Huntington Scientific has the full right, power, and authority to enter into this Agreement and perform its obligations hereunder. The execution and delivery of this Agreement by Huntington Scientific has been duly authorized by all necessary organizational action of Huntington Scientific.
      2. Right of Identification. Huntington Scientific has the express authority to identify you as the source and/or author of the Works and as a contributor to any content of the Works on Huntington Scientific’s website and in any of Huntington Scientific’s reproduced and derivative materials.
    9. Recordation and Further Actions. Following the date hereof, and upon reasonable request of Huntington Scientific, and at your expense, You shall take such steps and actions, and provide cooperation and assistance to Huntington Scientific and its successors, assigns, and legal representatives, including the execution and delivery of any affidavits, declarations, oaths, exhibits, assignments, powers of attorney, or other documents, as may be necessary to effect, evidence, or perfect the assignment of the assigned copyright rights in the Works and the copyright rights in future works to Huntington Scientific, or any assignee or successor.
    10. Indemnification.
      1. Survival. The representations, warranties, covenants and agreements set forth in this Agreement shall be unconditional and remain in effect following termination of this Agreement without limitation as to time.
      2. Duty to Defend. You shall defend, indemnify, and hold harmless Huntington Scientific, Huntington Scientific’s assignees, and Huntington Scientific’s affiliates, including respective shareholders, directors, officers, and employees (each, a “Huntington Scientific Indemnified Party”) from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, fees, costs, or expenses of whatever kind, including attorney’s fees (collectively, “Losses”) arising out of or in connection with any third-party claim, suit, action, or proceeding (each, an “Indemnified Claim”) related to any actual or alleged inaccuracy or in breach or non-fulfillment of any representation, warranty, covenant, agreement, or obligation of You contained in this Agreement or any document to be delivered hereunder.
      3. Procedure. A Huntington Scientific Indemnified Party shall promptly notify you from whom it is seeking indemnification upon becoming aware of a Third-Party Claim with respect to which you are obligated to provide indemnification under this Paragraph 8. You shall promptly assume control of the defense and investigation of the Indemnified Claim, with counsel reasonably acceptable to the Huntington Scientific Indemnified Party, and the Huntington Scientific Indemnified Party shall reasonably cooperate with you in connection therewith, in each case at your sole cost and expense. The Huntington Scientific Indemnified Party may participate in the defense of such Indemnified Claim, with counsel of its own choosing and it its own cost and expense. You shall not settle any Indemnified Claim without Huntington Scientific Indemnified Party’s prior written consent (which consent shall not be unreasonably withheld, conditioned, or delayed). If you fail or refuse to assume control of the defense of such Indemnified Claim, the Huntington Scientific Indemnified Party shall have the right, but not the obligation, to defend against such Indemnified Claim, including settling such Indemnified Claim after giving notice to you in each case in such manner and on such terms as the Huntington Scientific Indemnified Party may deem appropriate. Neither the Huntington Scientific Indemnified Party’s failure to perform any obligation under this Paragraph 8 nor any act or omission of the Huntington Scientific Indemnified Party in the defense or settlement of any Indemnified Claim shall relieve you of your obligations under this Paragraph 8, including with respect to any Losses.
    11. License Terms. Should the Copyright Assignment set forth in Paragraph 1 for any reason be deemed ineffective or unenforceable, you hereby irrevocably grant, in the alternative, a perpetual and fully paid up exclusive license to Huntington Scientific to use the Works, and to otherwise copy, publish, distribute, sell, and make derivative works of the Works, including the right to sublicense and control and enforce the copying, publishing, distribution, sale, licensing, and making of derivative works of the Works.
    12. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect and be enforceable.  The Parties agree to negotiate in good faith for an enforceable substitute provision for any invalid or unenforceable provision that most nearly achieves the intent of such provision.
    13. Successors and Assigns. This Agreement shall be freely assignable and transferable by Huntington Scientific. The rights granted herein this Agreement shall be binding upon and shall inure to the benefit of Huntington Scientific and its respective successors and assigns.
    14. Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by an authorized representative of each party hereto.
    15. Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; and any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    16. Governing Law. This Agreement, and any claim, controversy, dispute, or cause of action (whether in contract, tort, or otherwise) based upon, arising out of, or relating to this Agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the United States and the State of Georgia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
    17. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be delivered by hand or via U.S. Postal Service addressed as follows:
        1. If to You:
          All notices to you will be sent to the physical address associated with your Registered User account. You assume the burden of updating your account information, including your physical address, on a regular basis, and especially when your physical address has changed.
        2. If to Huntington Scientific:
          1. Huntington Scientific, LLC
            267 Huntington Road
            Thomson, GA 30824

V. Further Terms and Conditions of Submission

By submitting content through this site for publication, you agree to these Terms of Online Submission (including the Website Terms of Use and Privacy Notice referenced hereinabove), and you represent and warrant that you are of sufficient legal age to use this site and to create binding legal obligations for any rights granted by you and/or liability you may incur as a result of such use. You agree to be responsible for all content submitted, and all other uses of this website made, by you or under your Registered User account.

VI. Changes to These Terms of Online Submission

GLSI reserves the right to change any of these Terms of Online Submission at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of these submission terms.  Any changes will be effective immediately upon posting on the site for all submissions made after the revised terms are posted. You should always review the current Terms of Online Submission before making a submission to the site.