FRONTIERS WEBSITES – CONDITIONS FOR WEBSITE USE
© Copyright 2007-2012 Frontiers Media SA.
All rights reserved.
These Conditions for Website Use, which incorporate by this reference all rules, procedures and processes which may be published on Frontiers Websites, constitute a contract between all visitors to and users of Frontiers Websites (as defined below) (“you”) and Frontiers Media SA ("Frontiers"), a Swiss corporation with its principal place of business in Lausanne, Switzerland.
Frontiers operates www.frontiersin.org and certain other websites (collectively "Frontiers Websites"), through which it strives to make the world's research a freely available public resource. By using Frontiers Websites and any services accessed through Frontiers Websites, you agree to be bound by the following Conditions for Website Use. If you do not agree to these Conditions for Website Use, you may not visit or use any of Frontiers Websites, and you are required to leave this website and all Frontiers Websites immediately.
Definitions
In these Conditions for Website Use: Non-Acceptable Forum means any website or other forum of any description which is racist or extremist, or advocates hatred, violence, intolerance or discrimination; which is pornographic or denigrates any portion of society, ethnic or religious group or persons of any given sexual orientation; which exists to advance the arguments or cause of any political party, persuasion or movement; or where any link or express or implied approval may reasonably be considered likely to damage the reputation of Frontiers. Rules means all Frontiers manuals, operating procedures and other Frontiers Conditions, rules, guidelines, regulations and documents posted on Frontiers Websites which in any way regulate or manage content, as amended from time to time. Third-Party Rules means the terms and conditions of any third party which are applicable to any content contributed to any Frontiers Website, including but not limited to any video embedding service provider. You means any registered or unregistered user of or visitor to a Frontiers Website.
Ownership of and Copyright in Content
The copyright in the materials contained on Frontiers Websites, and all trademarks appearing on Frontiers Websites, belong to or are licensed to Frontiers. All intellectual property rights in such content, names, logos and other trademarks are protected under national and international copyright and trademark laws, international conventions and all other laws concerning intellectual property and proprietary rights. All visitors to Frontiers Websites must comply with any notices concerning such materials and with the provisions of these Conditions.
Images and graphics not forming part of user-contributed material are subject to a restricted licence and may not be downloaded or reproduced in any manner without the specific permission of their respective owners.
You benefit from a Creative Commons Attribution Non-Commercial licence in respect of all articles published on Frontiers Websites. For more information please see www.creativecommons.org. Frontiers reserves the right to terminate such licence in the event of non-compliance with any applicable Rules.
Ownership of Websites
Unless otherwise indicated, all Frontiers Websites are the property of Frontiers. The copyright in all code used in Frontiers Websites is either owned by or licensed to Frontiers. You may only use such software and code for the purposes of visiting and using Frontiers Websites in accordance with these Conditions for Website Use, and for no other purpose. You may not attempt to gain access to the source code of any Frontiers software code, nor copy, analyse, reverse-engineer, appropriate or re-use any such software or code.
Privacy
You confirm that you have read and accept our Privacy Policy Statement. You confirm that you consent to the processing of your personal data by Frontiers and/or its contractors in accordance with the Privacy Policy Statement.
General Practices Regarding Use; Acceptable Use Policy
Subject to the other provisions of these conditions and unless otherwise indicated,
- Except as stated in any Rules and/or Third-Party Rules, and subject to any copyright notices, you may download, print, re-publish (but not in a Non-Acceptable Forum) and reuse materials from Frontiers Websites for your own non-commercial use and/or in order to bring it to the attention of others for non-commercial use, subject to your obligation to acknowledge prominently that such materials were first published by Frontiers and to acknowledge prominently (in accordance with established academic practice) the identity of the author or authors, and your obligation to maintain, reproduce and comply with all copyright and other intellectual property rights notices and signs.
- Downloading, reproduction and/or distribution of videos made available via a third-party video embedding service are not permitted unless the Rules, any relevant Third-Party Rules and any specific copyright notices so permit.
- You may not reproduce or republish any material with intent to denigrate or misrepresent Frontiers, any content or any author or contributor, any customer or supplier of Frontiers or any other third party in any manner, or where such effect results.
- No materials submitted to or published by Frontiers may be sent to or reproduced in a Non-Acceptable Forum.
- You may not receive payment for the promulgation or transfer of any such materials unless you are the author or original contributor. If you are the author or original contributor you must prominently cite the original publication by Frontiers.
- You may not download or reproduce any materials where copyright or other notices forbid this. In general you must comply with all copyright and other notices and, where reproduction is not prohibited, you must ensure that any copyright notices are complied with and are reproduced with any materials.
You may create links to Frontiers Websites from other respectable websites. You may not create links to Frontiers Websites from any Non-Acceptable Forum or to give a false impression of approval by Frontiers of another website, organisation or enterprise. Frontiers reserves the absolute right to remove any links and/or to require you to remove any link or links to any Frontiers Website, and you undertake to comply immediately with any such requirement.
Registration with Frontiers
Registration with Frontiers is subject to acceptance of the relevant conditions, which will be brought to your attention when registering. You may visit Frontiers Websites without having an account. By doing so you agree to these Conditions for Website Use, all relevant Rules and Third-Party Rules, and to the processing and transfer of your personal data in accordance with Frontiers’ Privacy Policy Statement.
Uploading of Videos and Other Content
Uploading of videos and other content is subject to all relevant Rules and Third-Party Rules.
Prohibited Uses
As a condition to your use of Frontiers Websites, you agree not to:
· upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, racist, extremist or offensive; that advocates violence; or that infringes another's rights, including any intellectual property rights; or otherwise fails to comply with Frontiers’ content standards (see below);
· use any Frontiers Website:
o for any fraudulent purpose or to any fraudulent effect
o for the purpose of harming or attempting to harm any person in any way
o knowingly or negligently to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware, “phishing” programs or any other harmful programs or similar computer code designed to affect adversely the operation of any computer software or hardware;
· reproduce, duplicate, copy or re-sell any part of any Frontiers Website in contravention of the provisions of these Conditions for Website Use;
· use any materials in any Frontiers Websites to denigrate or misrepresent Frontiers in any way;
· obtain, collect, store or modify personal information about other users;
· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
· modify, adapt or hack Frontiers Websites or falsely or misleadingly imply that any other Website is associated with Frontiers Websites or with Frontiers, or that Frontiers has approved or endorsed any other person, product, service, enterprise, activity or website;
· access without authority, interfere with, damage or disrupt:
o any part of any Frontiers Website,
o any equipment or network on or through which any Frontiers Website is hosted,
o any software used in the provision of any Frontiers Website and/or services, or
o any equipment or network or software owned or used by any third party; or
· use any Frontiers Website for any illegal or unauthorised purpose in any relevant jurisdiction.
Participation in Chat and Other Interactive Forums
You may, if registered with Frontiers, participate in chat and other similar forums on Frontiers Websites, subject to compliance with these Conditions for Website Use and all other applicable Rules. In particular all comments and contributions must remain relevant, respectful and tolerant of other views. Frontiers reserves the right to remove comments.
If you wish to delete a comment posted by you, Frontiers reserves the right to insert a place holder indicating that a comment has been deleted, in order to preserve the logical flow of the discussion.
Comments deleted may be retained by Frontiers in its database.
Academic and Internet Behavioural Norms
You agree to comply in letter and in spirit with all generally-accepted academic behavioural norms, including but not limited to citation of any sources. You similarly agree to comply in letter and in spirit with accepted Internet behavioural norms; and in particular to remain polite and courteous, particularly where disagreeing with another person, and to be respectful of views which do not accord with your own. In the event that you discover any disrespectful, discourteous, racist, extremist or violence-advocating contributions, please immediately inform Frontiers at editorial.office@frontiersin.org.
Breach of these Conditions for Website Use
Frontiers reserves the right to investigate and prosecute breaches of any of these Conditions for Website Use to the fullest extent of the law. You consent to Frontiers disclosing your identity and personal information to relevant authorities to the extent considered desirable in the investigation of any actual or suspected criminal offences. Frontiers may involve and cooperate with law enforcement authorities in prosecuting users who violate the Conditions for Website Use. You acknowledge that Frontiers has no obligation to pre-screen or monitor your access to or use of Frontiers Websites or any information, materials or other content provided or made available through Frontiers Websites, but has the right to do so.
Comments
In the course of using Frontiers Websites, you may provide Frontiers with comments, including but not limited to suggestions and observations concerning errors, problems and defects, as well as any other issues, regarding Frontiers Websites (collectively "Comments"). You hereby grant Frontiers a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable and sub-licensable right to use, implement, copy, modify, distribute, display, translate, perform, create derivative works from, sub-license and otherwise exploit all such Comments.
Availability of and Modifications to Frontiers Websites and Conditions for Website Use
Frontiers reserves the right to modify or discontinue, temporarily or permanently, Frontiers Websites (or any part thereof), or your access to all or any part of Frontiers Websites, with or without notice at any time. You agree that Frontiers shall not be liable to you or to any third party for any modification, suspension or discontinuance of Frontiers Websites. Frontiers reserves the right to change these Conditions for Website Use, including the making of access to Frontiers Websites subject to conditions. Any new version of these Conditions for Website Use, or of any other Rules, placed onto the Frontiers Websites shall be binding on all users and visitors from the date of their posting. By using Frontiers Websites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Conditions for Website Use to which you are bound.
Links
Frontiers Websites may provide or permit links to other websites or resources. Because Frontiers has no control over such websites and resources, you acknowledge and agree that Frontiers is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Your business dealings with any third parties through Frontiers Websites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Frontiers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify claims@frontiersin.org
Disclaimer of Warranties
YOUR USE OF THE FRONTIERS WEBSITES OR ANY WEBSITE TO WHICH THEY ARE LINKED IS AT YOUR SOLE RISK. THE FRONTIERS WEBSITES AND THEIR CONTENT ARE PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRONTIERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FRONTIERS WEBSITES, THEIR AVAILABILITY OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE FRONTIERS WEBSITES, THEIR CONTENT OR ANY WEBSITE TO WHICH THEY ARE LINKED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRONTIERS OR THROUGH OR FROM FRONTIERS WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE CONDITIONS FOR WEBSITE USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRONTIERS STRONGLY RECOMMENDS THAT YOU INDEPENDENTLY VERIFY ANY INFORMATION UPON WHICH YOU CHOOSE TO RELY.
Indemnification
You agree to indemnify and hold Frontiers its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Frontiers Websites, your connection to Frontiers Websites, your breach of these Conditions for Website Use, your violation of any rights of another, or any breach of your representations, warranties and covenants set out in these Conditions for Website Use. The user is responsible for his or her actions when using Frontiers Websites and for the actions of others whom the user may permit to use his or her account. Frontiers reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify it, and you agree to cooperate fully in all respects with Frontiers’ defence of such claims.
Limitation of Liability
IN NO EVENT SHALL FRONTIERS OR ITS LICENSEES, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FRONTIERS WEBSITES, THEIR CONTENT OR ANY WEBSITE WITH WHICH THEY ARE LINKED.
Nothing in these Conditions for Website Use shall limit or exclude, or be interpreted as intending to limit or exclude, Frontiers’ liability for gross negligence (as defined under Swiss law) or for deliberate wrongdoing, or for any other matter for which, under any applicable law, liability can not be limited or excluded.
Special Considerations for International Use
Recognising the global nature of the Internet, you agree to comply with all applicable rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of personal data and/or technical information and data exported from the country in which you reside or in which that data was created or where its owner is situated.
General Terms
These Conditions for Website Use, including all Rules, constitute the entire agreement between you as an unregistered visitor or registered user, and Frontiers, and govern your use in that capacity of Frontiers Websites, superseding any prior agreements between you and Frontiers (including, but not limited to, any prior versions of the Conditions for Website Use) and any prior representations by Frontiers. These Conditions for Website Use shall apply in addition to all other conditions which may apply to you as a registered user, author or in any other capacity. These CONDITIONS FOR WEBSITE Use shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflicts of law principles. You and Frontiers submit to the exclusive jurisdiction of the courts of the Canton de Vaud, Switzerland, for any disputes arising out of or in connection with your use of any Frontiers Website. You consent to the granting to Frontiers of a stay of proceedings in any other jurisdiction. The failure of Frontiers to exercise or enforce any right or provision of the Conditions for Website Use shall not constitute a waiver of such right or provision. If any provision of the Conditions for Website Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall be requested by both parties to endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions for Website Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Frontiers and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of Frontiers Websites or the Conditions for Website Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Conditions for Website Use are for convenience only and have no legal or contractual effect.