Open Science Journal is part of Start a nonprofit initiative for the very best in science and science communication. In furtherance of our mission, Open Science Journal operates websites, including the websites at osjournal.org, and other Open Science Journal websites (the “Open Science Journal Sites”). We offer use of the Open Science Journal content free of charge to the public through the Open Science Journal Sites. Access to and use of the Open Science Journal Sites is provided by Open Science Journal subject to the following Terms and Conditions, which are a contract between Open Science Journal and you. Use of the Open Science 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 Open Science Journal Sites and should cease doing so immediately.
The Open Science Journal Sites, the software (“Open Science Journal Software”), application programming interfaces (“Open Science Journal APIs”), content and trademarks used on or in connection with the Open Science Journal Sites are owned by Open Science 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 Open Science 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 Content
Unless otherwise indicated, the articles and journal content published by Open Science Journal on the Open Science 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.
You agree to use the Open Science 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 Open Science 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 Open Science Journal Sites, you agree not to:
upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or offensive; or that infringes another's rights, including any intellectual property rights;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store, or modify personal information about other users;
upload, post, e-mail, transmit, or otherwise make available to any user of the Open Science Journal Sites any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
modify, adapt, or hack the Open Science Journal Sites or falsely imply that some other site is associated with the Open Science Journal Sites or Open Science Journal; or
use the Open Science Journal Sites for any illegal or unauthorized purpose. You must not, in the use of the Open Science Journal Sites, violate any Serbia laws or laws in your jurisdiction (including but not limited to copyright laws).
Suspension of Use / Violation of these Terms and Conditions
Open Science Journal reserves the right to limit, suspend, or terminate your access and use of the Open Science Journal Sites at any time without notice. Open Science Journal reserves the right to investigate and prosecute violations of any of these Terms and Conditions to the fullest extent of the law. Open Science Journal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that Open Science Journal has no obligation to pre-screen or monitor your access to or use of the Open Science Journal Sites, but has the right to do so. You hereby agree that Open Science Journal may, in the exercise of Open Science 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 Warranty
The Open Science Journal Sites, including, without limitation, the Open Science Journal Software, the Open Science Journal APIs and the content on the Open Science Journal Sites (e.g., the articles, information, data, names, images, pictures, logos and icons), whether belonging to Open Science 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 Open Science Journal Sites is intended to be medical or health advice and Open Science Journal strongly recommends that you independently verify any medical or health advice or treatment information on which you chose to rely. Open Science Journal, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS and FUNDERS (COLLECTIVELY, the “Open Science Journal PARTIES”), its software vendors, developers or other consultants working on the Open Science Journal Sites do not warrant that the Open Science Journal Sites, the Open Science Journal Software, the Open Science Journal APIs, and the content on the Open Science Journal Sites will be uninterrupted or error free, that defects will be corrected, or that the Open Science 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 Liability
To the fullest extent permitted by law, in no event will the Open Science Journal Parties, the software vendors, developers or other consultants working on the Open Science 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 Open Science Journal Sites, the Open Science Journal Software, the Open Science Journal APIs, or any content on the Open Science Journal Sites or linked sources, whether in action of contract, negligence or otherwise. In no event shall the liability of the Open Science Journal Parties, the software vendors, developers, or other consultants exceed the amount paid by you to Open Science Journal hereunder in the proceeding twelve months (other than any indemnity payment). IN ALL CASES, THE Open Science Journal PARTIES, THE SOFTWARE VENDORS, DEVELOPERS OR OTHER CONSULTANTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.
You are solely responsible for your actions in connection with the Open Science Journal Sites and any internet costs incurred in accessing the sites. You agree to indemnify and hold harmless, and at Open Science Journal’s option defend, the Open Science Journal Parties, the software vendors, developers, consultants or other persons working on the Open Science Journal Sites from and against any liability, damage, loss, cost or expenses (including reasonable attorneys’ fees) in connection with your use of the Open Science Journal Sites, including, without limitation, the Open Science Journal Software, the Open Science Journal APIs, and content on the Open Science 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:
your failure to comply with any of these Terms and Conditions;
unlawful disclosure or alteration of or interference of whatsoever nature by any person with the content of any transmission by you or on your behalf by means of a public telecommunication system or of information concerning such transmission or the use made of such system by any person; and
any act or omission by you constituting breach of copyright, infringement of trademark rights, or breach of any other intellectual property rights of whatsoever nature, or rights similar thereto anywhere in the world, belonging to any other person, or any allegation of any of the foregoing.
In the course of using the Open Science Journal Sites, you may provide Open Science Journal with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Open Science Journal Sites (collectively "Feedback") as well as comments on journal content (“Comments”). You hereby grant Open Science 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.
If 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 Resources
The Open Science Journal Sites may provide links to other websites or resources. Because Open Science Journal has no control over such sites and resources, you acknowledge and agree that Open Science 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 Open Science 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 Open Science Journal Site and Terms and Conditions
Open Science Journal reserves the right to modify or discontinue, temporarily or permanently, any of the Open Science Journal Sites (or any part thereof) with or without notice at any time. Open Science 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 Open Science Journal Sites after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
Additional Terms for Certain Features
Certain parts of the Open Science 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 Open Science 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 Open Science Journal immediately of any known or suspected unauthorized use of your account or password and take reasonable steps to stop such use.
Any forbearance or indulgence by Open Science Journal in enforcing any provision in these Terms and Conditions shall not affect Open Science 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 Open Science Journal Sites relating to specific material then the latter shall prevail.
Questions and Comments
If you have any questions or comments about these Terms and Conditions, please contact firstname.lastname@example.org
First published January 15, 2016.
This Terms And Conditions Of Use is based on the one developed by eLife.