References to “us,” “we,” and “our” mean Atypon. References to “you” and “user” are used to mean anyone who is using or accessing the Services.
Section titles are displayed for convenience only and have no legal effect.
1. USING THE SERVICES
To use certain Services, you must register for an account with Authorea as prompted by the account registration form (“Account”) either by: (a) using existing account information (such as through a third-party identity manager like Google or ORCID); or (b) by providing your name and email address.
You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by accessing your profile page.
You acknowledge that use of the Services is for your personal use only, unless you are opening an Account for or in the name of any entity, including a journal, publisher, institution, university, or any other organization.
Additional terms for group, publisher, enterprise, or other organization accounts
If you are opening an Account for or in the name of any entity, including a journal, publisher, institution, university, or any other organization, you represent and warrant that: (a) you are duly authorized to act for and on behalf of the entity with respect to the Account; and (b) all information provided by you with respect to the entity and the Account will be true and accurate. You agree that you will not use the entity account for any purposes other than representation of the entity.
Consent to Use Names and Logos
If you are opening an Account for or in the name of any entity, including a journal, publisher, institution, university, or any other organization, you authorize Atypon to use your organization’s name and logo in connection with the Services.
Further, in the use of certain Services, you may provide, post, upload, input, or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms, and forums information, content or other material (“Your Content”). You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
Some Services may allow you to:
Each time you provide Your Content to the Services, you warrant and represent, on behalf of yourself and all co-authors, that you have the right to provide Your Content, which means that:
Providing Content and License to Authorea
By providing, posting, uploading, inputting, or submitting (“Providing”) Your Content to the Services, you hereby grant Atypon a worldwide, irrevocable, unlimited, assignable, royalty-free, perpetual, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, prepare derivative works of, and/or incorporate into a collective work, edit, translate, perform, display, publish, post, reformat, index, archive, make available, link to, print, allow others to print, and otherwise use Your Content in all forms and media (whether now known or later developed), whether for non-commercial or commercial purposes, in connection with the Services and Atypon’s business, including without limitation for promoting the Services. By Providing Your Content you explicitly consent to allow text and data mining of Your Content.
Additional rights may be granted to Atypon and users if you grant an additional license (such as CC-BY or CC-0) when Providing Your Content to the Services. The terms of such license which will be displayed on the publication record and users agree to abide by such license.
Subject to the foregoing, you will retain ownership of any intellectual property rights that you hold in Your Content.
In using the Services, you shall not:
We generally do not pre-screen, monitor, or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
Publications that have been preprinted on the Services are assigned a DOI and become part of the permanent, citable scholarly literature. You cannot delete a publication once you have published on the Services.
You are responsible for all activity that occurs under your Account and you are solely responsible for maintaining the confidentiality of your access codes and Account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.
Text & Data Mining
You may access and download content from the Services for the purpose of text and data mining (“TDM”) without requesting any additional consent from Atypon, provided that such TDM is consistent with any license applied to such content such as an article-level license (e.g., a Creative Commons license). You may not reproduce any illustrations, including photographs, figures and line drawings in the output of any TDM activity without the consent of the rights holder (unless permitted under the article-level license). Atypon may throttle or deny any user’s access to the Services or the content therein via robots, spiders, crawlers or other automated downloading programs if such activities disrupt or otherwise harm the working of the Services.
All rights (including without limitation, copyrights, trademarks, patents, and trade secrets) in the Services and the content contained therein (except for Your Content), and data concerning your use of the Services (“Atypon Content”) are and will remain the sole and exclusive property of Atypon and/or its licensors.
You may from time to time provide Atypon with suggestions, ideas, or other feedback regarding the Services (“Feedback”). Both parties agree that Atypon shall own such Feedback and is entitled, but not obligated, to use, develop, and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
4. THIRD-PARTY LINKS & ADS; OTHER USERS
A. Third-Party Links & Ads. Our websites may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Atypon, and Atypon is not responsible for any Third-Party Links & Ads. Atypon provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Subject to these Terms (including without limitation the restrictions on the use of Atypon Content set forth in Section 2), Authorea welcomes you to link to the Services, provided also that the link does not state or imply Atypon’s sponsorship or endorsement of any site, company, product, or service.
B. Other Users. Your interactions with other users through our Services are solely between you and such users. You agree that Atypon will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
5. TERM AND TERMINATION
B. In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) sole control over the defense and settlement of such claim; and (iii) proper and full information and assistance to settle or defend any such claim.
The Services and all materials contained therein are provided "as is", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. The use of the Services and all materials contained therein is at your own risk. Access to this Website and the Services may be interrupted and may not be error free. Neither Atypon nor anyone else involved in creating the Services or the material contained therein will be liable to you for any direct indirect, incidental, special, consequential or punitive damages arising out of your use of or inability to use the Services and all materials contained therein, even if Atypon has been advised of the possibility of such damages. The terms of this Section 7 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
The Services may contain errors or inaccuracies and may not be complete or current. Atypon, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
9. INJUNCTIVE RELIEF
You agree that any breach of your obligations with respect to Atypon's proprietary or intellectual property rights will result in irreparable injury to Atypon for which money damages are inadequate, and you therefore agree that Atypon shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
10. DMCA COMPLIANCE STATEMENT
If you believe your copyright-protected work was posted on an Atypon site without authorization, please see our DMCA Notification Policy found here.
12. ADDITIONAL TERMS
UNITED STATES (and all other countries not expressly stated herein)
UNITED KINGDOM & EMEA (excluding Germany)
ALL ASIA PACIFIC (excluding Australia and Singapore)
13. LEGAL NOTICE FOR NEW JERSEY RESIDENTS