These Terms of Service ("Terms") govern your
access to and use of the services, including our various websites, APIs, email
notifications, applications, buttons, and widgets, (the "Services" or
“The Press”), and any information, text, graphics, photos or other materials
uploaded, downloaded or appearing on the Services (collectively referred to as
"Content"). Your access to and use of the Services are conditioned on
your acceptance of and compliance with these Terms. By accessing or using the
Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any
Content you post to the Services, and for any consequences thereof. The Content
you submit, post, or display will be able to be viewed by other users of the
Services and through third party services and websites. You should only provide
Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract
with Aberdeen University Press and its platform service provider, Ubiquity
Press (from now on referred to together as “The Press”) and are not a person
barred from receiving services under the laws of the United Kingdom or other
applicable jurisdiction. If you are accepting these Terms and using the
Services on behalf of a company, organization, government, or other legal
entity, you represent and warrant that you are authorized to do so. You may use
the Services only in compliance with these Terms and all applicable local,
state, national, and international laws, rules and regulations.
The Services that The Press provides are always evolving and
the form and nature of the Services that The Press provides may change from
time to time without prior notice to you. In addition, The Press may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally and may not be able to provide you with
prior notice. We also retain the right to create limits on use and storage at
our sole discretion at any time without prior notice to you. The Services may
include advertisements, which may be targeted to the Content or information on
the Services, queries made through the Services, or other information. The
types and extent of advertising by The Press on the Services are subject to
change. In consideration for The Press granting you access to and use of the
Services, you agree that The Press and its third party providers and partners
may place such advertising on the Services or in connection with the display of
Content or information from the Services whether submitted by you or others.
2. Privacy
Any information that you provide to The Press is subject to
Privacy Policy, which governs our collection and
use of your information. You understand that through your use of the Services
you consent to the collection and use (as set forth in the Privacy Policy) of
this information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by The Press. As
part of providing you the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages.
These communications are considered part of the Services and your account with
The Press, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password that you
use to access the Services and for any activities or actions under your
password. We encourage you to use "strong" passwords (passwords that
use a combination of upper and lower case letters, numbers and symbols) with
your account. The Press cannot and will not be liable for any loss or damage
arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such
Content. We may not monitor or control the Content posted via the Services and,
we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed via
the Services. You understand that by using the Services, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. Under no circumstances will The Press be liable in any way
for any Content, including, but not limited to, any errors or omissions in any
Content, or 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
Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or
display on or through the Services. By submitting, posting or displaying
Content on or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such Content
in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for The Press
to provide, promote, and improve the Services and to make Content submitted to
or through the Services available to other companies, organizations or
individuals who partner with The Press for the syndication, broadcast,
distribution or publication of such Content on other media and services,
subject to our terms and conditions for such Content use.
Such additional uses by The Press, or other companies,
organizations or individuals who partner with The Press, may be made with no
compensation paid to you with respect to the Content that you submit, post,
transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit,
display or distribute it over computer networks and in various media and/or
make changes to your Content as are necessary to conform and adapt that Content
to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any
Content you provide, and for any consequences thereof, including the use of
your Content by other users and our third party partners. You understand that
your Content may be syndicated, broadcast, distributed, or published by our
partners and if you do not have the right to submit Content for such use, it
may subject you to liability. The Press will not be responsible or liable for
any use of your Content by The Press in accordance with these Terms. You
represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
The Press gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software that is provided
to you by The Press as part of the Services. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as
provided by The Press, in the manner permitted by these Terms.
7. The Press Rights
All right, title, and interest in and to the Services
(excluding Content provided by users) are and will remain the exclusive
property of The Press and its licensors. The Services are protected by
copyright, trademark, and other laws of both the United Kingdom and foreign
countries. Nothing in the Terms gives you a right to use the The Press name or
any of the The Press trademarks, logos, domain names, and other distinctive
brand features. Any feedback, comments, or suggestions you may provide
regarding The Press, or the Services is entirely voluntary and we will be free
to use such feedback, comments or suggestions as we see fit and without any
obligation to you.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any Content on the Services, to
suspend or terminate users, and to reclaim usernames without liability to you.
We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of The Press,
its users and the public.
You may not do any of the following while accessing or using
the Services: (i) access, tamper with, or use non-public areas of the Services,
The Press’s computer systems, or the technical delivery systems of The Press’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access
or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by The Press (and only pursuant to those terms and
conditions), unless you have been specifically allowed to do so in a separate
agreement with The Press (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping the
Services without the prior consent of The Press is expressly prohibited); (iv)
forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or
false source-identifying information; or (v) interfere with, or disrupt, (or
attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
9. Copyright Policy
The Press respects the intellectual property rights of
others and expects users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable law and
are properly provided to us. If you believe that your Content has been copied
in a way that constitutes copyright infringement, please provide us with the
following information: (i) a physical or electronic signature of the copyright
owner or a person authorized to act on their behalf; (ii) identification of the
copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv)
your contact information, including your address, telephone number, and an
email address; (v) a statement by you 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 (vi) 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 copyright owner. We reserve the
right to remove Content alleged to be infringing without prior notice, at our
sole discretion, and without liability to you. In appropriate circumstances,
The Press will also terminate a user’s account if the user is determined to be
a repeat infringer. To notify us of alleged copyright infringement appearing on
the Services please contact: support@ubiquitypress.com
10. Ending These Terms
The Terms will continue to apply until terminated by either
you or The Press as follows. You may end your legal agreement with The Press at
any time for any reason by deactivating your accounts and discontinuing your
use of the Services. You do not need to specifically inform The Press when you
stop using the Services. If you stop using the Services without deactivating your
accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing
you with all or part of the Services at any time for any reason, including, but
not limited to, if we reasonably believe: (i) you have violated these Terms,
(ii) you create risk or possible legal exposure for us; or (iii) our provision
of the Services to you is no longer commercially viable. We will make
reasonable efforts to notify you by the email address associated with your
account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including,
without limitation, your license to use the Services, except that the following
sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this
section shall affect The Press’s rights to change, limit or stop the provision
of the Services without prior notice, as provided above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the
liability of The Press and its parents, subsidiaries, affiliates, related
companies, officers, directors, employees, agents, representatives, partners,
and licensors (collectively, the “The Press Entities”). Each of the subsections
below only applies up to the maximum extent permitted under applicable law.
Some jurisdictions do not allow the disclaimer of implied warranties or the
limitation of liability in contracts, and as a result the contents of this
section may not apply to you. Nothing in this section is intended to limit any
rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at
your own risk. You understand and agree that the Services are provided to you
on an "AS IS" and "AS AVAILABLE" basis. Without limiting
the foregoing, to the maximum extent permitted under applicable law, THE PRESS
ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Press Entities make no warranty and disclaim all
responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any Content; (ii) any
harm to your computer system, loss of data, or other harm that results from
your access to or use of the Services or any Content; (iii) the deletion of, or
the failure to store or to transmit, any Content and other communications
maintained by the Services; and (iv) whether the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from the The Press
Entities or through the Services, will create any warranty not expressly made
herein.
B. Links
The Services may contain links to third-party websites or
resources. You acknowledge and agree that the The Press Entities are not
responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement by the The Press Entities of such websites or resources or the
content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRESS
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PRESS ENTITIES EXCEED THE
GREATER OF ONE HUNDRED BRITISH POUNDS (GBP £100.00) OR THE AMOUNT YOU PAID THE
PRESS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE
CLAIM.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE THE PRESS ENTITIES HAVE BEEN
INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of The Press to enforce any right or provision
of these Terms will not be deemed a waiver of such right or provision. In the
event that any provision of these Terms is held to be invalid or unenforceable,
then that provision will be limited or eliminated to the minimum extent
necessary, and the remaining provisions of these Terms will remain in full
force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed
by the laws of the United Kingdom without regard to or application of its
conflict of law provisions or your state or country of residence. All claims,
legal proceedings or litigation arising in connection with the Services will be
brought solely in the courts located in the United Kingdom, and you consent to
the jurisdiction of and venue in such courts and waive any objection as to
inconvenient forum.
If you are a federal, state, or local government entity in
the United States using the Services in your official capacity and legally
unable to accept the controlling law, jurisdiction or venue clauses above, then
those clauses do not apply to you. For such U.S. federal government entities,
these Terms and any action related thereto will be governed by the laws of the
United States of America (without reference to conflict of laws) and, in the
absence of federal law and to the extent permitted under federal law, the laws
of the State of California (excluding choice of law).
C. Entire Agreement
These Terms and our Privacy Policy are the entire and
exclusive agreement between The Press and you regarding the Services (excluding
any services for which you have a separate agreement with The Press that is
explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between The Press and you regarding the
Services. Other than members of the group of companies of which The Press Ltd.
is the parent, no other person or company will be third party beneficiaries to
the Terms.
We may revise these Terms from time to time, the most current
version will always be displayed on our website. If the revision, in our sole
discretion, is material we will notify you via e-mail to the email associated
with your account. By continuing to access or use the Services after those
revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Aberdeen
University Press in conjunction with Ubiquity Press, Unit 3.22, East London
Works, 65-75 Whitechapel Road, E1 1DU, United Kingdom. If you have any questions
about these Terms, please contact us.