- About Deepdyve
- Why Deepdyve
- Publishers
- News & Events
- Take a Tour
- Contact Us
- Privacy Policy
- Terms of Service
- Site Map
- © 2008 DeepDyve. All rights reserved.
Terms of Service
BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SERVICE, YOU OR THE ENTITY THAT YOU REPRESENT (“You”) AGREE TO BE BOUND BY THIS AGREEMENT.
DeepDyve, Inc. (“DeepDyve”) operates the website with a homepage at www.deepdyve.com and all features, content, and application services (including content indexing, searching, and display) offered from time to time thereon (collectively "Service").
IF A SEPARATE WRITTEN OR ONLINE AGREEMENT (E.G. A TERMS OF SERVICE GOVERNING A SUB-AREA OF THE SITE) WITH RESPECT TO THE SERVICE EXISTS BETWEEN YOU AND DeepDyve, THE TERMS OF THAT WRITTEN OR ONLINE AGREEMENT (EXCLUDING THE PRE-PRINTED TERMS OF ANY PURCHASE ORDER, CONFIRMATION OR SIMILAR DOCUMENT, WHICH WILL HAVE NO EFFECT AND WILL NOT BE CONSIDERED AGREED TO BY DeepDyve) SHALL TAKE PRECEDENCE OVER THIS AGREEMENT TO THE EXTENT IT IS APPLICABLE AND IS IN CONFLICT WITH THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THAT WRITTEN OR ONLINE AGREEMENT. UNLESS OTHERWISE AGREED BETWEEN DeepDyve AND USER, THIS AGREEMENT APPLIES TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO MAY ALSO CONTRIBUTE CONTENT, INFORMATION, AND OTHER MATERIALS ON THE SERVICE.
PROVISION OF THE SERVICE IS CONDITIONED ON, AND YOUR USE OF THE SERVICE SHALL CONSTITUTE, YOUR ASSENT TO THE TERMS OF THIS AGREEMENT (INCLUDING, FOR PURPOSES OF THIS AGREEMENT, THE TERMS OF ANY EXISTING SEPARATE WRITTEN AGREEMENT REFERRED TO ABOVE) TO THE EXCLUSION OF ALL OTHER TERMS. DeepDyve'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DeepDyve, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
By using the Service, You represent and warrant that:
(a) You have the legal capacity and authority to agree to this Agreement;
and if You are an entity rather than an individual, the individual
using the service has the authority to bind the entity;
(b) all registration information You submit is accurate and truthful;
(c) You will maintain the accuracy of such information; and
(d) your use of the Service does not violate any applicable law or
regulation.
your profile and all associated Content may be deleted and your membership
may be terminated without warning if DeepDyve believes that You are
in breach of any of the foregoing representations and warranties.
DeepDyve reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Service, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification and use of the Service by You following such posting or notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You agree to review this Agreement regularly to ensure that You are updated as to any changes. This Agreement, together with DeepDyve Privacy Policy constitute the entire agreement between You and DeepDyve concerning your use of the Service.
4.11 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, DeepDyve hereby grants You permission to use the Service only as set forth in this Agreement, and provided that:
(a) You will not copy or distribute any part of the Service in any medium
without DeepDyve's prior written authorization;
(b) You will not alter or modify any part of the Service other than
as expressly authorized and then only for such express purpose;
(c) You will not reverse engineer any part of the Service, provided
that restrictions on reverse engineering do not apply to the extent prohibited
by law;
(d) You will not circumvent, disable, violate or attempt to violate,
or otherwise interfere with the security or integrity of the Service, the
proper operation of the Service, the features that prevent or restrict
use or copying of any Content (as the term is defined below) or enforce
limitations on use of the Service or the Content therein, or interfere
with any activity being conducted on the Service;
(e) You will not link to the Service without DeepDyve's prior written
consent;
(f) You will not post content or items in an inappropriate category
or areas on the Site;
(g) You will not violate any laws, third party rights, or our policies;
(h) You will deliver payment for items purchased by You;
(i) You understand that DeepDyve may, in its sole discretion, discontinue
the posting, indexing or searching of any Content in the Service at any
time;
(j) You will pay all fees that You accept and You will not circumvent
or manipulate our fee structure, the billing process, or fees owed to DeepDyve;
(k) You will not post false, inaccurate, misleading, defamatory,
or libelous content (including search or content descriptions and personal
information);
(l) You will not distribute or post spam, chain letters, pyramid
schemes, viruses or any other technologies that may harm DeepDyve, or the
interests or property of DeepDyve users;
(m) You will not harvest or otherwise collect information about Content
or users, including email addresses, without their consent.
4.2 In order to access some features of the Service, You will have
to create or use an existing account. You may never use another's account,
username or password without permission. When creating your account, You
must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and You must keep your account
password secure. You must notify DeepDyve immediately of any breach of
security or unauthorized use of your account. You may be required to expressly
accept or reject these Terms of Service when You register; You agree that
any requirement that You do so does not in any way vitiate your assent
to comply with the Terms of Service. Although DeepDyve will not be liable
for your losses caused by any unauthorized use of your account, You may
be liable for the losses of DeepDyve or others due to such unauthorized
use.
4.3 You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Service in any manner. You agree
not to collect or harvest any personally identifiable information, including
account names, from the Service, nor to use the communication systems provided
by the Service for any commercial solicitation purposes. You agree that
your User Submissions both will not contain restricted or password only
access pages or hidden pages or images. DeepDyve reserves the right in
its sole discretion to block access or discontinue services to offenders,
and to investigate and take appropriate legal action against anyone who,
in DeepDyve's sole discretion, violates this provision, including without
limitation, reporting You to law enforcement authorities.
The content on the Service, except any and all User Submissions, including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DeepDyve, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DeepDyve reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, third party User Submissions, or other proprietary rights not owned by You, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If You download or print a copy of the Content for personal use,You must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while You use the Service. You may terminate your use of the Service or your membership at any time by following the instructions on the Service. DeepDyve may terminate your access to any or all of the Service or your membership at any time, for any reason, and without warning and DeepDyve reserves the right to discontinue any aspect of the Service at any time.
You acknowledge that DeepDyve reserves the right to charge fees for use of the Service and to change its fees from time to time, in its sole discretion.
8.1 The Service may permit the submission of text,
images, recordings, videos or other communications submitted by You
and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User
Submissions are published, DeepDyve does not guarantee any confidentiality
with respect to any such submissions.
8.2 You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. You agree that
DeepDyve has no liability with respect to any User Submissions, including,
without limitation, your own submissions, and You hereby irrevocably
release DeepDyve and its officers and directors, employees, agents, representatives
and affiliates, from any and all liability arising out of or relating
to User Submissions or any part thereof.
8.3 In connection with your User Submissions, You affirm, represent,
and warrant that You can and will demonstrate to DeepDyve's full
satisfaction upon its request that: (i) You own or have the necessary licenses,
rights, consents, and permissions to use and authorize DeepDyve to use
each image and sound or other content contained in each such User Submission
and to enable inclusion and use of such User Submissions in the manner
contemplated by the Service and this Agreement; (ii) specifically, You
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by
the Service and this Agreement; and (iii) specifically, the posting of
your User Submission on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights, or any other rights
of any person or entity. You agree to pay all royalties, fees, and other
monies owing any person or entity by reason of any content posted by You
to or through the Service.
8.4 By submitting the User Submissions to DeepDyve, or displaying,
publishing, or otherwise posting any content on or through the Service,
You hereby do and shall grant DeepDyve a worldwide, non-exclusive,
royalty-free, fully paid, sublicenseable and transferable license to use,
modify, reproduce, distribute, prepare derivative works of, display, perform,
and otherwise fully exploit the User Submissions in connection with the
Service and DeepDyve's (and its successors and assigns) business, including
without limitation for promoting and redistributing part or all of the
Service (and derivative works thereof) in any media formats and through
any media channels. You also hereby do and shall grant each user of the
Service a non-exclusive license to access your User Submissions through
the Service, and to use, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through
the functionality of the Service. For clarity, the foregoing license grant
to DeepDyve does not affect your other ownership or license rights in your
User Submission(s), including the right to grant additional licenses to
the material in your User Submission(s).
8.5 In connection with User Submissions, You further agree that You
will not: (i) publish falsehoods or misrepresentations that could
damage DeepDyve or any third party; (ii) submit material that is unlawful,
obscene, lewd, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, excessively violent, or encourages
conduct that would be considered a criminal offense, gives rise to civil
liability, violates any law, or is otherwise inappropriate or objectionable;
(iii) post advertisements or solicitations of business; (iv) impersonate
another person; (v) submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights, including
privacy and publicity right, unless You are the owner of such rights or
have permission from their rightful owner to post the material and to grant
DeepDyve all of the license rights granted herein; or (vi) submit material
that is unsuitable for minors in any country. DeepDyve does not endorse
any User Submission or any opinion, recommendation, or advice expressed
therein, and DeepDyve expressly disclaims any and all responsibility or
liability in connection with User Submissions.
8.6 DeepDyve reserves the right to decide whether Content or a User
Submission is inappropriate or violates this Agreement, including
but not limited to copyright infringement, violations of intellectual property
law, pornography, obscene or defamatory material, or excessive length.
DeepDyve also reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages and User
Submissions) by You, or to restrict, suspend or terminate your access to
all or any part of the Service at any time, for any or no reason, with
or without prior notice. Notwithstanding the foregoing, DeepDyve assumes
no responsibility for monitoring the Service, Content, or User Submissions
for inappropriate conduct, or modifying or removing such conduct, Content
or User Submissions from the Service.
If You are a copyright owner or an agent thereof and believe that anything on the Service infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider
to contact You, such as an address, telephone number, and, if available,
an electronic mail address;
(e) A statement that You have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate,
and under penalty of perjury, that You are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
DeepDyve's designated Copyright Agent to receive notifications of
claimed infringement is: Joan Cummings (). You acknowledge
that if You fail to comply with all of the requirements of this Section,
your DMCA notice may not be valid.
You hereby agree that You shall not assert any claim against DeepDyve
or its officers or directors with respect to such content unless and until:
(1) You have fully completed the process set forth above; and (2) DeepDyve
has failed to remove the offending content within thirty (30) days after
such notification without a reasonable explanation for its failure to do
so.
It is DeepDyve's policy to (1) block access to or remove Content
that it believes in good faith to be copyrighted material that has been
illegally copied, displayed or distributed by any of our advertisers, affiliates,
content providers, members or users; and (2) remove and discontinue services
to repeat offenders.
The Service may contain links to third party websites that are not owned or controlled by DeepDyve. When You access third party websites, You do so at your own risk. DeepDyve encourages You to be aware when You leave the Service and to read the terms and conditions and privacy policy of each third party website that You visit. DeepDyve has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party website. In addition, DeepDyve will not and cannot monitor, verify, censor or edit the content of any third party website. By using the Service, You expressly relieve DeepDyve from any and all liability arising from your use of any third party website.
DeepDyve has no special relationship with or fiduciary duty to You. You acknowledge that DeepDyve has no control over, and no duty to take any action regarding: which users gain access to the Service; what content You access via the Service and its affiliated services; what effects the content may have on You; how You may interpret or use the content; or what actions You may take as a result of having been exposed to the content. You release DeepDyve from all liability for You having acquired or not acquired content through the Service. The Service may contain, or direct You to sites containing information that some people may find offensive or inappropriate. DeepDyve makes no representations concerning any content contained in or accessed through the Service, and DeepDyve will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, DeepDyve, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER DeepDyve NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DeepDyve DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DeepDyve WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY DeepDyve IN THE UNITED STATES OF AMERICA. DeepDyve MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless DeepDyve, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service, including Content, and any User Submissions that You post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
IN NO EVENT SHALL DeepDyve, ITS SUPPLIERS',
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT DeepDyve IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING,
DeepDyve'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO DeepDyve FOR DeepDyve SERVICES IN CONNECTION WITH
THE SERVICE DURING THE TERM THAT YOUR ACCOUNT IS ACTIVATED.
YOU SPECIFICALLY ACKNOWLEDGE THAT DeepDyve SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS SOLELY AND ENTIRELY WITH YOU.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without DeepDyve's prior written consent. DeepDyve may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind DeepDyve in any respect whatsoever. If there is any dispute about or involving the Service, You agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DeepDyve's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND DeepDyve AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.