Terms of Use

Nov 5th, 2015

The following Terms of Use1 represent a contract between you and Sciencematters, AG (hereafter referred to as Sciencematters). Your use of Sciencematters websites, codes, their functionalities, and any derivatives thereof means that you agree to the following terms. If you do not agree to these Terms of Use, do not use or visit the Sciencematters web sites or its contents.

 

I.              Ownership

All Sciencematters websites (Matters, Mattersselect, Mattersarchive, Mattersconsilience, Mattersjunior, Matterspublic, or any other sites that Sciencematters generates in the future) are the property of Sciencematters. All proprietary and confidential information contained within Sciencematters sites is protected by all applicable laws pertaining to common property, proprietary rights, and intellectual property. By visiting or using any Sciencematters sites you agree that the entire content of the sites, including but not limited to their design, programming interfaces, or other functionalities, are owned by Sciencematters, may only be used for their intended uses, and may not be reproduced in part or in whole in any form without prior written consent of Sciencematters, except for personal non-commercial purposes. You accept that your use of this site, and any software used to access these sites, contains proprietary and confidential information that is protected under the law.

 

II.             Submissions

By submitting an observation to Sciencematters, either for publication or posting on the Sciencematters web sites, you agree (a) to these Terms of Use, (b) that your submission does NOT include any component of scientific misconduct (for definitions, see section XVI below) (c) that your submission does not contain any copyrighted material (d) that any submission involving human or protected animal subjects was performed under approval by appropriate administrative and legal authorities and conformed to the conditions of said approval, (d) that you will provide Sciencematters with any additional information, including all raw data, upon request by Sciencematters, and (e) to application of the Creative Commons Application license to your submission. Submitting authors are personally responsible for all content submitted to Sciencematters.

 

III.            License

The observations and associated materials published or posted by Sciencematters are licensed by the authors for use and distribution in accord with the Creative Commons Attribution license.

 

IV.           Responsibility

Sciencematters shall not be held responsible for the content submitted by authors or reviewers for posting or publication on its websites. Should an author inappropriately submit content owned by others to Sciencematters, Sciencematters will hold the author or authors liable for any damages Sciencematters may incur as a result, including legal fees and opportunity costs.

 

V.            General use

Sciencematters encourages use of its sites by all interested parties. However, Sciencematters reserves the right to limit, suspend or terminate your access to Sciencematters websites at any time without notice.

 

VI.           Privacy

Sciencematters believes that privacy matters, and is committed to protecting the personal information of everyone who visits or uses our sites. Sciencematters may however, from time to time, request personal information from you, such as your name, title, email address, affiliations, or telephone number. The only reason we will ask you for this information is to customize our websites or to facilitate one-on-one interactions with you. Accessing our sites will not divulge any of your personal information and we will not voluntarily share any of your personal information with any third party, unless specifically allowed by you or required by law. Sciencematters also automatically collects domain information to determine who visits our site and how it is used. We use this information to improve our web sites and our business.

We will not disclose your personal information to third parties without your express written permission or required by law.

Some of our pages use “cookies” that are placed on your drive and allow us to identify you. They cannot read data off your drives. Your browser may notify you when you receive a cookie and give you choice whether to accept it or not. If you do not accept our cookies you may not be able to access certain information on our sites.

Sciencematters may change its privacy policies with or without notice, and it is your responsibility to understand our policies be reviewing this page when you use this site. If you have any questions about our privacy policies please contact us.

VII.         Forbidden Acts

Your use of Sciencematters sites means that you agree to NOT:

a.             Submit any information or observation that contains any element of fabrication, falsification or plagiarism. These forbidden acts include all aspects of scientific misconduct (for definitions, see section XVI below).

         b.             Impersonate any person or entity, make any false statement of professional or personal affiliations, or provide any deliberately misleading information.

         c.             Submit any content that infringes on another’s rights, including copyrights or any other intellectual property rights.

         d.             Modify Sciencematters websites or codes in any way; hack or in any way interfere with the operation of Sciencematters web sites; reproduce or use any reproduction of Sciencematters websites, codes, pages, or designs, except for personal non-commercial purposes; or falsely state, infer, or generate any real or perceived affiliation with Sciencematters or its web sites.

         e.             Use the Sciencematters websites or contents to violate any laws or relevant administrative guidelines, either in Switzerland or in the jurisdiction in which you reside to use Sciencematters websites or materials.

         f.              Upload or transmit in any way any form of solicitation, including junk mail, spam, chain letters, pyramid schemes or any other form of unsolicited or unauthorized advertising.

         g.             Upload or transmit in any way any content that is illegal, discriminatory, abusive, threatening, obscene, or otherwise deemed inappropriate by Sciencematters.

         h.             Use an excessive amount of Sciencematters bandwidth or burden Sciencematters’ servers, as determined solely at the discretion of Sciencematters.

 

VIII.           Violations

Sciencematters is not liable for violations of its Terms of Use. Sciencematters is not obligated to validate in any way your or any other party’s use of its sites, including any content you or any other users submit for publication or posting on Sciencematters sites. Sciencematters may, at its sole discretion, eliminate any content that violates these Terms of Use or that it otherwise deems inappropriate. Sciencematters will refer all suspected instances of scientific misconduct to the appropriate institutional and governmental authorities.

 

IX.            Modifications

Sciencematters reserves the right to temporarily or permanently alter or discontinue its sites with or without notice at any time. Sciencematters shall not be liable to any party for any alteration, interruption or elimination of its websites, their data or their services. Sciencematters reserves the right to change these Terms of Use by notification on this page of its websites. Each time you use Sciencematters websites you are bound by the Terms of Use posted on this page at the time you used Sciencematters sites.

 

X.           Infringements

If you believe that any material that infringes on your intellectual property rights has been posted to  Sciencematters, please notify us immediately at info@sciencematters.io.

 

XI.          Links and Advertisements

Sciencematters shall not be responsibility for the content or availability of any links to external sites, and neither endorses nor guarantees any of the content carried on any such websites, whether commercial or non-commercial in nature. Sciencematters will not be held responsible for any interactions you engage in with any third parties you interact with via Sciencematters sites. Sciencematters makes no express or implied warranty to the validity or utility of products or services offered by such third parties, and is not responsible for any damage or loss potentially caused by use of such content, goods or services available via Sciencematters web sites.

 

XII.         Disclaimer

YOUR USE OF SCIENCEMATTERS WEBSITES, CONTENT, AND LINKS IS AT YOUR OWN RISK. SCIENCEMATTERS SITES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NO WARRANTY OR GUARANTEE SHALL BE CREATED BY ANY INFORMATION THAT YOU OBTAIN FROM SCIENCEMATTERS WHETHER VERBALLY, IN WRITING OR THROUGH ITS WEBSITES OR THEIR CONTENT, EXCEPT AS EXPRESSLY STATED IN THE TERMS OF USE. SCIENCEMATTERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SCIENCEMATTERS SITES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE SCIENCEMATTERS SITES, THEIR CONTENT, OR ANY WEB SITE TO WHICH THEY ARE LINKED.

 

XIII.         Indemnification and Limitation of Liability

Use of Sciencematters websites and associated content means that you agree to indemnify and hold Sciencematters and 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 the Sciencematters websites, your violation of these Terms of Use, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. You are solely responsible for your actions when using the Sciencematters sites, including, but not limited to, costs incurred for Internet access. Sciencematters reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

IN NO EVENT SHALL SCIENCEMATTERS OR ITS 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 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 SCIENCEMATTERS SITES, THEIR CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.

 

XIV.          International Use

Your use of Sciencematters commits you to comply with all local laws regarding online content, behavior, and the transmission of technical data from Switzerland or your country or residence or operation.

 

XV.         General Conditions

Your use of Sciencematters sites and content is governed by these Terms of Use, which supersede any prior agreements between you and Sciencematters, as well as any prior representations by Sciencematters. These Terms of Use shall be governed by the laws of Switzerland without regard to conflicts of law principles. Failure of Sciencematters to enforce or exercise any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. All claims against Sciencematters and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of Sciencematters sites or Terms of Use must in all cases be filed in the courts of Switzerland and must be brought within one (1) year after such claim or cause of action arose or be forever barred. Section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

 

XVI.        Definition of Scientific Misconduct

As stated by the US Department of Health and Human Services, Office of Research Integrity (http://ori.hhs.gov/definition-misconduct), research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results:

(a)        Fabrication is making up data or results and recording or reporting them.

(b)         Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.

(c)         Plagiarism is the appropriation of another person's ideas, processes, results, or words without giving appropriate credit. Plagiarism does not include usage of content that is donated by the original author for the use in Sciencematters (e.g Donated methods).

(d)         Research misconduct does not include honest error or differences of opinion. 

 

XVII.         Citation

1.             The text of our Terms of Use’ draws heavily from the ‘Terms of Use’ (https://www.plos.org/about/terms-use/) of the Public Library of Science (PLOS), as available on 3 November 2015. The text of the Sciencematters ‘Terms of Use’ is a modified version of the PLOS ‘Terms of Use’, though in some places it is a direct reproduction of entire sentences, phrases, and paragraphs, and in others it is unrelated. We thank PLOS for making this content available for public use under the Creative Commons Attribution (CC BY) license and we make this content public, too (CC BY).