Terms of Use

Revised: January 17, 2021

The following Terms of Use govern use by all Users of Atypon Systems LLC’s (with its parent and affiliates, “Atypon”) collaborative authoring tool and open research publishing platform (“Authorea”) and any products, applications, or services available through Authorea (together with Authorea, the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Use, as updated from time to time in accordance with Section 12 below.

There may be instances when we offer additional terms specific to a product, application, or service, which are incorporated by reference into these Terms of Use. To the extent such additional terms conflict with these Terms of Use, the additional terms associated with the product, application, or service, with respect to your use of the product, application or service, will prevail.

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

The Services are available only to persons who can form legally binding contracts under applicable law. You may only use the Services if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older). If you are under the minimum legal age, you must ask your parent or legal guardian for permission to use the Services. If you are not the minimum legal age, do not have consent of a legal guardian or parent, or are not willing to be bound by these Terms of Use, you may not access or otherwise use any portion of the Services.

Your Account

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.

User-provided Content

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:

  • Provide, post, upload, input, or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms, and forums, Your Content. Remember that all information that is disclosed in blog, message board, comment, or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content;
  • Use the Services as modified with Your Content; and/or
  • Arrange for third parties to have access to Your Content subject to these Terms of Use.

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:

  • You own or otherwise control all of the rights to Your Content, including, without limitation, all the rights necessary for granting the rights and license set out in these Terms of Use (including, without limitation, if co-authors contributed to Your Content, all co-authors have authorized its submission to the Services and any other use in connection with the Services);
  • Your Content is accurate to your best knowledge, not confidential, and does not infringe on or violate any contractual restrictions or other third-party rights.

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.

User Conduct

In using the Services, you shall not:

  • Access the Services by any means other than instructions provided by Atypon;
  • Use the Services for any illegal or unauthorized purpose;
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  • Disrupt, damage, disable, alter, tamper, delete or interfere with the Services;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
  • Share with any third party any access codes or Account information, including without limitation your username and password that you may create or Atypon may provide in connection with the Services; or
  • Provide, post, upload, input, or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms, or forums, or facilitate any of the foregoing, any content that:
    • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, obscene, sexually oriented, or tortious;
    • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    • Is inconsistent with the Core Practices and associated guidelines set forth by the Committee on Publication Ethics or violates Wiley’s ethical guidelines or other generally accepted standards of publication ethics;
    • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
    • Constitutes the selling or trading of any merchandise;
    • Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting, or participating in chain letters or marketing/pyramid schemes;
    • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • Contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or
    • Impersonates any person or entity.

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.

2. OWNERSHIP

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.

No title to or ownership of any portion of the Services, the Atypon Content, or any other products or services manufactured, sold and/or distributed or otherwise made available by Atypon, or any proprietary rights related to those products or services, is or will be transferred pursuant to or by virtue of these Terms of Use. Atypon and its licensors reserve all rights not granted in these Terms of Use. There is no implied license granted under these Terms of Use.

3. FEEDBACK

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

These Terms of Use remain in full force and effect while you use our Services. We reserve the right, in our sole discretion, to modify, suspend, or terminate your Account and/or access to all or part of the Services, with or without notice. You understand that any termination of your Account may involve deletion of Your Content associated with your Account from our live databases. Atypon will not have any liability whatsoever to you or any third party for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of Your Content. 

Termination of your account includes removal of access to all offerings within the Services and may also bar you from further use of the Services. Upon termination, all rights granted to you in these Terms of Use will immediately cease.

Any provision of these Terms of Use that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Use will survive.

6. INDEMNIFICATION

A. To the extent permitted by applicable law, you will defend, indemnify and hold harmless Atypon, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “Atypon Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Atypon Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party; (ii) in connection with your violation of these Terms of Use; or (iii) your violation of applicable laws or regulations.

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.

7. DISCLAIMER

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.

8. CORRECTIONS

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.

11. PRIVACY POLICY & CONSENTS

These Terms expressly include and incorporate the License selected by you when Providing Your Content (as defined above) and Atypon’s Privacy Policy located here. Atypon will process and store profile information that you provide to Atypon (name and email) in accordance with this policy. Atypon may also send you service announcements, administrative messages, and other information in connection with your use of the Services. You may opt out of particular communications.   

12. ADDITIONAL TERMS

We make no representation that the Services are appropriate or available for use in your location, and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Use represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Use. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that by using the Services, you agree that you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Use, and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules. The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:

UNITED STATES (and all other countries not expressly stated herein)

  • Applicable Law—State of New York
  • Agreed Jurisdiction—New York, NY

UNITED KINGDOM & EMEA (excluding Germany)

  • Applicable Law—England and Wales
  • Agreed Jurisdiction—England and Wales

CANADA

  • Applicable Law—Ontario
  • Agreed Jurisdiction—Province of Ontario

GERMANY

  • Applicable Law—Federal Republic of Germany
  • Agreed Jurisdiction—Weinheim

AUSTRALIA

  • Applicable Law—State of Victoria
  • Agreed Jurisdiction—Melbourne

SINGAPORE

  • Applicable Law—Singapore
  • Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.

ALL ASIA PACIFIC (excluding Australia and Singapore)

  • Applicable Law—Singapore
  • Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.

13. LEGAL NOTICE FOR NEW JERSEY RESIDENTS

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Use shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.

Please report violations of these Terms of Use to hi@authorea.com.