Terms and Conditions of Use for ScholarOne Abstract Central

To use the ScholarOne Abstract CentralTM site, you must agree to abide by this Agreement. This Agreement gives each of us certain rights and responsibilities. You will be assuming full and sole responsibility for your use of the Site.

If you are a new User, you will be required to accept this Agreement in order to complete the registration process. You will be binding yourself or your organization to this Agreement. You represent that you have the authority to bind your company, if done on behalf of a company, to this Agreement.

  1. Registration, Users and Affiliated Users
    1. We currently provide access to and use of our online content submission and tracking management service and other services described herein that we may offer from time to time ("Services") to those entities, whether individuals or companies or nonprofit organizations, which are registered by us to access and use the Services as Account holders ("Users"). In order to access and use the Services, you must obtain access to the Internet, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
    2. You become a User by providing all of the information requested or prompted by the registration form ("Registration Information"). The Registration Information includes your Personal ID and Password (collectively, "Login Information"), which have been selected by you. We will make every effort to assign to you the Login Information that you select; however, we may not be able to honor your selection or, after the Login Information has been assigned to you, we may terminate your use of such Login Information if it is found to be deceptive, misleading or fraudulent. You shall notify us immediately of any known or suspected unauthorized use or disclosure of Login Information or any other breach of security. In addition, if you provide Registration Information that is inaccurate or not true, we may terminate your membership and the Login Information assigned to you.
  2. Services: Access, Use, Modification, Content and Ownership
    1. You need to create an Account using the tools and information that we provide at our Web site. Subject to the terms and conditions of this Agreement, we grant to you a limited, personal, nonexclusive, non-sublicensable, nontransferable right to use the proprietary software that is a part of the Services for evaluation purposes only, in object code form only, and only in conjunction with the Services and in accordance with this Agreement. You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code for the operation of the Services or any Information or Content, or creating derivative works based on the Services or any part of the Services. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Services or Content to determine its source code, structure, organization, internal design, algorithms or encryption devices, and "Information" shall mean all data, material, text, photographs, music, video, software, sound, graphics, other information or materials or portions thereof.
    2. We may, from time to time, change the Services that we provide. The changes that we make may be either temporary or permanent and may include updating, upgrading, limiting, suspending or ending some or all of the Services.
    3. We will consider any information that you store, post or transmit through the Services ("Account Information") to be the property of you or any third party with rights therein unless we are presented with credible, contrary evidence. All Information published, distributed, transmitted or presented by or through us, as part of the Services or Linked Sites (collectively, the "Content"), the Services and all rights and interest therein, including intellectual property rights, are the sole property of either us or the party credited as the owner, and are protected by various laws.
    4. Except as is expressly authorized by us in this Agreement, you shall not use or disclose any of the Content or Services without our prior written consent. You shall access the Services and your Account only by means of the interface that we provide to you. You shall not provide access to the Service or Content to any other individual or entity except as expressly authorized in this Agreement. You shall not develop, create, implement, provide, sell, rent, resell, or offer to do any of the foregoing, any product or service within the United States and Canada that competes with the Services provided hereunder while you are a User and for a period of two (2) years following your most recent use of the Services.
    5. ScholarOne.com, ScholarOne, the ScholarOne logo, and product and service names are trademarks of ScholarOne.com, Inc. (the "ScholarOne Marks"). Without our prior permission, you shall not display or use in any manner the ScholarOne Marks. All trademarks, service marks and logos used in this Web site are the property of their respective owners. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to President, ScholarOne.com, Inc., 375 Greenbrier Drive, Suite 200, Charlottesville, VA 22901.
  3. Your Conduct
    1. You are responsible for all activity relating to or arising from your Account or occurring under your Team ID; this includes the activities of your Personal Page Users.
    2. You agree not to:
      1. upload, store, post, e-mail or otherwise transmit, distribute, publish or disseminate any Information that (or the transmission, distribution, publication or dissemination of which):
        1. is unlawful; harmful; threatening; abusive; harassing; torturous; defamatory; vulgar; obscene; or libelous or promotes such activity;
        2. infringes any proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
        3. violates any contractual or fiduciary relationships;
        4. is any unsolicited or duplicative correspondence, advertising, survey, or promotional materials (commercial or otherwise);
        5. contains: software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices; or, any other harmful or disruptive program.
      2. provide inaccurate, incomplete, outdated or misleading Registration Information; create a false identity or manipulate identifiers to mislead others to disguise the origin of any Information stored on the Account or transmitted through the Services; impersonate any person or entity; or, otherwise misrepresent any affiliation with a person or entity;
      3. interfere with or disrupt: any "banner ads" provided through the Services; the Services, or servers or networks connected to the Services (or violate the regulations, policies or procedures of such servers or networks); or another User's access to and use of the Services;
      4. attempt to gain unauthorized access to the Services, other Members' Accounts or Account Information, or other computer systems, servers or networks connected to the Services or any portion thereof; or
      5. violate (intentionally or unintentionally) any applicable local, state, national or international law or regulation.
    3. Online Submission and Site Use Policy
      1. You are solely responsible for the content of your online submissions. In addition to the prohibitions of Section C above, you shall not use our name, the Services, or any portion of either to (i) promote any business, product or service, through the sending of unsolicited e-mail; or (ii) send the same or substantially similar unsolicited e-mail message, whether commercial or not, to a large number of recipients; or (iii) harass others by sending more than ten (10) similar submissions to the same ScholarOne Web site or upload more than 10 MB of data to a ScholarOne Web site without prior permission of ScholarOne.
      2. We will determine in either our collective or our individual sole discretion whether any of the submissions you send violate this Agreement. We may remove the offending Account and Account Information - without the time periods required under the "Termination" section hereof - and immediately terminate the rights of you and Affiliated Users if we become aware of any violation of this Site Use Policy by you or Affiliated Users. We and our Service Partner reserve the right to take legal and technical remedies to prevent you using e-mail in violation of this Agreement.
      3. You agree not to resell or make any commercial use of your ScholarOne Services and you agree to be fully liable for the use of our Services, including any unauthorized use by a third party. You agree to notify us immediately if you become aware of any unauthorized use of our Services.
    4. No Warranty, Limitation and Disclaimer of Damages and Limitation of Remedies THE SERVICES AND ANYTHING, WHETHER TANGIBLE OR OTHERWISE, ARISING FROM OR RELATING TO THE SERVICES OR OTHERWISE PROVIDED OR FACILITATED BY US (COLLECTIVELY, THE "MATERIALS"), ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
      ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES THAT ARE PROVIDED BY ANY OF OUR SPONSORS, ADVERTISERS, LINKED SITES, CONTENT PROVIDERS OR PARTNERS (COLLECTIVELY, "OUR RELATED PARTIES") ARE PROVIDED SOLELY BY SUCH ENTITY OR THE MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY US.
      YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE MATERIALS OR ANY OF THEM IS TO STOP USING THE MATERIALS, INCLUDING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE SERVICES PROVIDED HEREUNDER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
      1. ALL WARRANTIES REQUIRED BY LAW EXTEND FOR ONLY SUCH PERIOD AS REQUIRED BY LAW OR 30 DAYS FROM YOUR INITIAL ACCEPTANCE OF THESE TERMS; AND
      2. IN NO EVENT SHALL WE OR OUR RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF WHATEVER KIND OR NATURE IN EXCESS OF ANY FEES PAID BY YOU TO US HEREUNDER.
      THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.
    5. Indemnity By You You shall indemnify and hold us, our parent, subsidiary, and/or affiliated companies (collectively, "we" or "our" for purposes of this provision), our directors, officers and employees, and our related parties harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of the
      1. use of or connection to, or the inability to use or connect to the Services;
      2. Account Information or other Information transmitted or stored through or on the Services;
      3. acts or omissions in connection with either (a) or (b) above; or
      4. breach of this Agreement or violation of the rights of any other party, by (i) you; or (ii) an Affiliated User.
    6. Termination
      1. If you wish to terminate your access to and use of the Services, you must discontinue the use of the Services and notify us immediately.
      2. We may terminate access to and use of the Services, or any portion thereof, by you, Affiliated Users if you or an Affiliated User breach or threaten to breach any of the provisions of this Agreement. We may terminate access to and use of the Services by you and/or Affiliated Users if you elect not to subscribe to our Services. Any such termination shall be effective immediately, may be made with or without notice, and shall be done without any liability to you or any third party.
      3. We may also terminate access to and use of the Services, or any portion thereof, by you and/or Affiliated Users, in the event that your Account is not accessed for a period of three (3) months. In such case, we will attempt to notify you, through the e-mail address provided in the Registration Information, that the Account has become dormant, and that if the Account continues to be dormant for a period of forty-five (45) days following such notice, we may terminate your and Account. If the Account continues to be dormant for a total period of at least fifteen (15) days following the attempted notification given by us, then we reserve the right to terminate the Account immediately, without further notice and without obligation.
      4. In the event of termination, Account Information, Registration Information and other Information stored through the Services will be removed.
    7. Miscellaneous For purposes of this Agreement, unless otherwise defined elsewhere in this Agreement, "you" and "your" shall mean and refer to User, Affiliated User or potential User, whether an individual or other entity; and "we," "us," and "our" shall mean and refer to ScholarOne, Inc.
      1. This Agreement and the relationship among you, other Users, Affiliated Users, and us are governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States of America without regard to conflict of law provisions. You hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Albemarle County, Virginia, USA, in all disputes arising out of or relating to this Agreement, or the Services or any portion thereof and waive any jurisdictional, venue or inconvenient forum objections to such courts.
      2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ScholarOne as a result of this Agreement or use of or access to the Services.
      3. If any part of this Agreement is determined by a court to be invalid, unenforceable or contrary to applicable law, then such provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. All other provisions of this Agreement shall remain unchanged and in force and effect.
      4. This Agreement incorporates by reference all notices and policies contained on our Web site (www.ScholarOne.com), and constitutes the entire agreement between you and us. This Agreement supersedes all prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and us with respect to this Web site and the Services.
      5. You and ScholarOne agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must commence within sixty (60) days after the cause of action arises; otherwise, such cause of action is permanently barred. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. To be enforceable, a waiver must be in writing and signed by us. Any waiver is not to be considered a waiver of any other or future breach by you or right that we have.
      6. Notices hereunder shall be sufficient if sent by electronic mail to the address specified by you in the Registration Information and the address specified by us on our Web site.
      7. The section titles in this Agreement are used solely for the convenience of the parties and have no legal or contractual effect. The use of the singular shall also mean the plural; the use of the plural shall also mean the singular. The use of "including" shall be by way of illustration and shall mean "including without limitation." All defined terms shall have the defined meaning whether used before or after such term is defined. All days shall be calendar days. All time calculations shall be based on calendar days.

      Any rights not expressly granted herein are reserved.

    Copyright © 2006 ScholarOne.com, Inc.