September 08, 2009
Welcome to the JournalFire website (the “Site”) (we refer to the Site and the services provided through the Site as the “JournalFire Features”). These Terms of Service (“Terms of Service”) set forth an agreement between you and JournalFire (“JournalFire”) governing your use of the Site.
JournalFire.com is a social networking site created by JournalFire and designed to improve scientific communication between researchers. Users can create groups, organize citations, post comments, and take advantage of other JournalFire Features available through the Site. The Site is intended for personal use and organizations, companies or businesses are not permitted to use the Site.
By using the Site you agree to adhere to these Terms of Service. JournalFire reserves the right to modify these Terms of Service without notice. If you do not agree to these Terms of Service, you cannot use the Site. JournalFire may, from time to time revise or update these Terms of Service without notice. The most recent Terms of Service are located at http://journalfire.com/terms You should revisit this page occasionally to review the terms and conditions.
There may also be new JournalFire products and services introduced from time to time that have posted additional rules and regulations. These rules and regulations, when they appear, should be considered to be part of these Terms of Service.
To use certain JournalFire Features, you will be directed to register with the Site and create an account or otherwise provide JournalFire with certain information about yourself. By submitting your information through the Site, you grant JournalFire a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with JournalFire’s operation of the Site and/or performance of the JournalFire Features for you and others you may designate. As part of the registration process, you will be asked to submit your name, email address and/or similar information and to select a password. You agree that all information you provide to JournalFire for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
You shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password except as set forth herein. Accounts are for personal use and organizations, companies or business are not permitted to create an account.
You agree to immediately notify JournalFire of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. JournalFire is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, artwork, graphics, images, buttons, screen shots, music, videos, digitally downloadable files, other content, and any compilation of the foregoing ("JournalFire Intellectual Property") are the property of JournalFire, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of JournalFire.
The Site may also contain articles, citations or links to articles and advertising or other references to other company brand and product names. These articles, citations, links, company brand and product names are used for identification purposes only and may be the intellectual property of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of JournalFire, or used with permission. JournalFire may be, but is not necessarily sponsored by or affiliated with any of owners of the other company brand and product names appearing on the Site, and makes no representations about them, their owners, their products or services.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, interfaces, designs, layouts or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Site you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on Site. You agree not to display or use any JournalFire Intellectual Property or third party content located on the Site in any publications, or for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JournalFire, or its licensors, that dilutes the strength of JournalFire or its licensor’s property, or that otherwise infringes JournalFire or any of its licensor’s intellectual property rights.
JournalFire may cancel your account and delete all content associated with your account at any time, and without notice, if we deem or suspect that you have violated any of these Terms of Service. JournalFire assumes no liability for any information removed from the Site.
You may also cancel your account at any time. This cancellation will take effect immediately. JournalFire reserves the right to permanently restrict access to the Site to users who have had their accounts cancelled.
JournalFire does not claim ownership of content you create, upload, transmit or make available in any way on the Site (the “Content”). By posting content on the Site you grant JournalFire an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store, and reproduce the Content for the purposes of displaying, publishing, distributing, publicly performing, brand enhancing and transmitting the Content, in whole or in part through any means of transmission or delivery system on the Site and affiliated sites. Third parties may be entitled to use any Content you publically post on the Site pursuant to the Creative Commons Attribution-Share Alike 3.0 Unported License located at http://creativecommons.org/licenses/by-sa/3.0/. Notwithstanding the foregoing, you understand and acknowledge that JournalFire owns or leases the servers on which your Content resides, and you own no protectable rights in and to those servers, your user account, or any data JournalFire stores on its servers. Should your account be terminated, you may not be given back any Content you uploaded to the Site, nor given access to those materials.
You acknowledge and agree that JournalFire may review and delete any Content that in its sole judgment violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm or threaten the safety of other users of the Site or the JournalFire Features. You agree that you will not post any Content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, display, publicly perform, modify, broadcast, or sell any content published on the Site that was not created by you.Further, you agree to not do any of the following:
Create, upload, transmit or make available in any way any material that harms children in any way.
Solicit personal information from any member.
Create, upload, transmit or make available in any way any text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy (including, but not limited to, posting pictures, full names, email addresses, addresses, or phone numbers).
Use the Site to transmit junk mail, chain letters, unsolicited mass email, spam, spim, or comment spam.
Post information that you know is false, misleading, or that promotes illegal activity.
Use the Site to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind
Impersonate any person or misrepresent yourself or your association with any person or group.
Create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement.
Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services.
Interfere, disrupt, or create an undue burden on any network services provided by JournalFire.
We reserve the right to remove any material or cancel the account of any person we determine violates any of these Terms of Service or which might be offensive, inappropriate, illegal, or that might violate the rights, harm or threaten the safety of other users of the Site or the JournalFire Features. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on the Site that we deem may be in violation of these Terms of Service or any applicable law.
If you believe that content on the Site infringes upon your intellectual property rights, please contact our designated agent at email@example.com. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on the Site that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to JournalFire is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. JournalFire agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
NOT WITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOURNALFIRE SHALL NOT BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOURNALFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE JOURNALFIRE FEATURES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE JOURNALFIRE FEATURES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE JOURNALFIRE FEATURES.
You agree to defend, indemnify and hold JournalFire and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your Content, your use of the Site or the JournalFire Features, your connection to the Site or the JournalFire Features, your violation of the Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the JournalFire Features, including, but not limited to, costs incurred for Internet access.
THE MATERIALS ON THE SITE AND THROUGH THE JOURNALFIRE FEATURES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE JOURNALFIRE FEATURES OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH JOURNALFIRE FEATURES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree to comply with all local law regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
These Terms of Service, and any other agreement regarding the Site and the JournalFire Features between you and JournalFire, constitute the entire agreement between you and JournalFire with respect to your access and use of the Site and the JournalFire Features and supersede all prior and contemporaneous agreements between you and JournalFire. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. JournalFire’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, that you and JournalFire will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
If you have any questions about these Terms of Service, or wish to report violators of these terms, contact JournalFire at firstname.lastname@example.org.