Terms And Conditions Of Use
Welcome and Consent to TermsESR Journal is part of Association of doctoral candidates and young researchers of Serbia a nonprofit initiative for the very best in science and science communication. In furtherance of our mission, ESR Journal operates websites, including the websites at journal.doktoranti.org, esrjournal.org and other ESR Journal websites (the “ESR Journal Sites”). We offer use of the ESR Journal content free of charge to the public through the ESR Journal Sites. Access to and use of the ESR Journal Sites is provided by ESR Journal subject to the following Terms and Conditions, which are a contract between ESR Journal and you. Use of the ESR Journal Sites constitutes your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions in full, you do not have permission to access and use the ESR Journal Sites and should cease doing so immediately.
OwnershipThe ESR Journal Sites, the software (“ESR Journal Software”), application programming interfaces (“ESR Journal APIs”), content and trademarks used on or in connection with the ESR Journal Sites are owned by ESR Journal or its licensors, and are subject to Serbian and international intellectual property rights and laws. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any trademark, copyright or patent of ESR Journal or any other third party and all rights are reserved, except as explicitly stated in these Terms and Conditions.
License to Use Journal Articles and Related ContentUnless otherwise indicated, the articles and journal content published by ESR Journal on the ESR Journal Sites are licensed under a Creative Commons Attribution license (also known as a CC-BY license). This means that you are free to use, reproduce and distribute the articles and related content (unless otherwise noted), for commercial and noncommercial purposes, subject to citation of the original source in accordance with the CC-BY license.
Impermissible UsesYou agree to use the ESR Journal Sites only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use of the ESR Journal Sites by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website. As a condition to your use of the ESR Journal Sites, you agree not to:
Suspension of Use / Violation of these Terms and ConditionsESR Journal reserves the right to limit, suspend, or terminate your access and use of the ESR Journal Sites at any time without notice. ESR Journal reserves the right to investigate and prosecute violations of any of these Terms and Conditions to the fullest extent of the law. ESR Journal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that ESR Journal has no obligation to pre-screen or monitor your access to or use of the ESR Journal Sites, but has the right to do so. You hereby agree that ESR Journal may, in the exercise of ESR Journal's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms and Conditions or that is otherwise objectionable.
Disclaimer of WarrantyThe ESR Journal Sites, including, without limitation, the ESR Journal Software, the ESR Journal APIs and the content on the ESR Journal Sites (e.g., the articles, information, data, names, images, pictures, logos and icons), whether belonging to ESR Journal or a third party, are provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to ANY implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy. Nothing contained on the ESR Journal Sites is intended to be medical or health advice and ESR Journal strongly recommends that you independently verify any medical or health advice or treatment information on which you chose to rely. ESR Journal, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS and FUNDERS (COLLECTIVELY, the “ESR Journal PARTIES”), its software vendors, developers or other consultants working on the ESR Journal Sites do not warrant that the ESR Journal Sites, the ESR Journal Software, the ESR Journal APIs, and the content on the ESR Journal Sites will be uninterrupted or error free, that defects will be corrected, or that the ESR Journal Sites or the server that makes THEM available are free of viruses or bugs or represents the full functionality, accuracy, AND reliability of the materials.
Limitation of LiabilityTo the fullest extent permitted by law, in no event will the ESR Journal Parties, the software vendors, developers or other consultants working on the ESR Journal Sites be liable for any losses, damages, liabilities, costs or claims including, without limitation, direct, indirect, punative or consequential damages, and loss of use, data or profits, arising out of or in connection with the use of the ESR Journal Sites, the ESR Journal Software, the ESR Journal APIs, or any content on the ESR Journal Sites or linked sources, whether in action of contract, negligence or otherwise. In no event shall the liability of the ESR Journal Parties, the software vendors, developers, or other consultants exceed the amount paid by you to ESR Journal hereunder in the proceeding twelve months (other than any indemnity payment). IN ALL CASES, THE ESR Journal PARTIES, THE SOFTWARE VENDORS, DEVELOPERS OR OTHER CONSULTANTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.
IndemnityYou are solely responsible for your actions in connection with the ESR Journal Sites and any internet costs incurred in accessing the sites. You agree to indemnify and hold harmless, and at ESR Journal’s option defend, the ESR Journal Parties, the software vendors, developers, consultants or other persons working on the ESR Journal Sites from and against any liability, damage, loss, cost or expenses (including reasonable attorneys’ fees) in connection with your use of the ESR Journal Sites, including, without limitation, the ESR Journal Software, the ESR Journal APIs, and content on the ESR Journal Sites, and for the results of any action you may take based on the material contained herein, and from any consequences of the following:
Interactive FeaturesIn the course of using the ESR Journal Sites, you may provide ESR Journal with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the ESR Journal Sites (collectively "Feedback") as well as comments on journal content (“Comments”). You hereby grant ESR Journal a worldwide, irrevocable, perpetual, royalty-free, transferable, and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback and Comments. All such Feedback and Comments shall comply with these Terms and Conditions generally and in particular the restrictions in Impermissible Uses above. In addition, content provided by authors for submission shall be subject to the Author Guide and Policies.
InfringementIf 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 email@example.com.
Links to Other Websites and ResourcesThe ESR Journal Sites may provide links to other websites or resources. Because ESR Journal has no control over such sites and resources, you acknowledge and agree that ESR Journal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any materials on or available from such sites or resources. Your business dealings with any such external sites or resources, including payment and delivery of related goods or services, and any warranties, conditions or other terms associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the ESR Journal Parties 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 content, goods, or services available on or through any such site or resource.
Modifications to ESR Journal Site and Terms and ConditionsESR Journal reserves the right to modify or discontinue, temporarily or permanently, any of the ESR Journal Sites (or any part thereof) with or without notice at any time. ESR Journal reserves the right to change these Terms and Conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of the ESR Journal Sites after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
Additional Terms for Certain FeaturesCertain parts of the ESR Journal Sites may be subject to registration and additional terms and conditions which will be made available for you to read at the time of registration, for example, if you register to use certain features or submit articles. Those terms and conditions are incorporated herein. If there is any conflict between these Terms and Conditions and/or specific terms and conditions appearing elsewhere on the ESR Journal Sites relating to specific material then the latter shall prevail. When registering, you may be required to select a password. You are solely responsible for maintaining the confidentiality of your password, and any activity taken under your password. You are required to notify ESR Journal immediately of any known or suspected unauthorized use of your account or password and take reasonable steps to stop such use.
GeneralAny forbearance or indulgence by ESR Journal in enforcing any provision in these Terms and Conditions shall not affect ESR Journal’s right of enforcement and any waiver of any breach shall not operate as a waiver of any subsequent or continuing breach. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of New York. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the ESR Journal Sites relating to specific material then the latter shall prevail.
Questions and CommentsIf you have any questions or comments about these Terms and Conditions, please contact firstname.lastname@example.org
First published September 27, 2015.
This Terms And Conditions Of Use is based on the one developed by eLife.