For online access to the Darswin platform by individuals
This document sets out the terms and conditions on which Darswin Publishing LLC ("Darswin") will make access to its Darswin Scientific platform available via its World Wide Web server ("the Server") to an individual accessing a particular Darswin service (the "Service"). Please read these terms and conditions carefully. By accessing the Service, you will be deemed to be giving your confirmation that you have read and agree to be bound by all these terms and conditions.
Scope of License
Darswin permits you to access the service via a user name and password ("User Details"). User Details includes those details provided through secure username and authentication methods. User Details must not be divulged to any person nor used to facilitate any other person getting access to the Service in any way. Darswin reserves the right to deny you access to the Service if it believes that other people are accessing the Service through your User Details.
Access extends only to you individually and may not be transferred or extended to others.
You may access, download, store, search and print hard copy of text. Copying must be limited to making a single printed copy or electronic copies of a reasonable number of individual articles or other similar items. No text accessed via the Service may be made available to a third party, either for commercial reward or free of charge, except that for inter-library loan purposes a single paper copy of an electronic original may be made and sent non-digitally to a library in the same country as you under fair dealing/use exemptions. In addition, for inter-library loan purposes, you may make a single paper copy of an electronic original available to a library in the same country by secure transmission whereby that electronic file is deleted immediately after printing. Such supply must be for the purpose of research or private study and not for commercial use or onward transmission or distribution. In the USA, such copies may only be made in compliance with Section 108 of the Copyright Act of the USA and within CONTU guidelines.
If you are accessing the Service in a commercial context then you may only access it for internal research, testing or training purposes or for personal use in accordance with these terms and conditions.
If you are accessing the Service in a personal or educational context then you may only access it for private study or research for a non-commercial purpose. You may make brief quotations from the content of journals, with the customary acknowledgement of the source, and copy and transmit content from individual online articles in "person-to-person" and non-systematic scholarly exchanges of information.
You may only use this online access in a way that does not breach the laws of the country in which you are accessing the Service.
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, supplying, publishing or republishing (beyond the brief quotations permitted above) of any journal text, output, search results or other information from any part of the Service, including, without limitation, copyright, proprietary or other legal notices, in any form or medium is prohibited. Downloading an entire issue of a journal, systematic downloading, service bureau redistribution services, printing for a for-fee-service purpose, document delivery services and/or the systematic making of print or electronic copies for transmission to third parties (beyond that permitted above) are prohibited.
This agreement between you and Darswin set out in these terms and conditions shall become effective on acceptance by Darswin. This agreement shall be for any initial term we agree with you in writing and shall then continue on an annual rolling basis on condition that you comply with all the terms and conditions and continue to pay Darswin any applicable fee. Access to the Service shall terminate (a) immediately if these terms and conditions are materially breached by you and such breach is not remedied within 30 days of your receiving a written request to remedy such breach; or (b) following not less than 30 days’ prior written notice by Darswin to you. This agreement will also terminate if you rejects a change to these terms and conditions notified to you by Darswin. In the absence of any rejection within 30 days of notification, any new terms and conditions will apply.
On termination of this agreement, where Darswin has expressly agreed with you in writing to provide continued access to journals post termination as part of your access to the Service, you will be entitled to have continued access to the issues of those journals which were published in the calendar year in which your access to them commenced and, where our agreement remains in force for subsequent full calendar years, continued access to issues of those journals which were published in those full calendar years (the "Available Content"). All other access shall terminate. The Available Content will be made accessible by Darswin giving you a disk containing that content. If you wish to continue to access the Available Content via a web site then you shall pay Darswin an annual maintenance fee. The content will be made available via a web site for so long as that annual maintenance fee is paid and for so long as Darswin provides electronic access to that content via a web site. If access via a web site is no longer available, Darswin will make the Available Content available to you on disk. If, at any time, Darswin ceases to publish or distribute any of the Available Content then it will use its reasonable endeavors to negotiate the right for you to continue to access it in accordance with these terms and conditions.
Darswin's journals and their content, including abstracts, are either owned by Darswin or Darswin has the right to make them available and are subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of USA and other countries. You shall claim no ownership by reason of your use of or access to the Service. ALL RIGHTS RESERVED.
Any fees payable by you for the Service shall be those agreed in writing and shall be payable by you within 30 days of the date of any invoice. Where fees are being paid by your authorized subscription agent, you shall remain primarily responsible for payment of such fees.
Where this agreement continues for more than one calendar year, Darswin will notify you, in writing and in advance, with details of any fees payable for subsequent years. You acknowledge that, even where fees for any initial term are fixed, unless the fees for subsequent years have been agreed with Darswin in writing, they shall be subject to price increases and alterations. Where the Service is Darswin Scientific extra, should Darswin acquire or launch a new publication, such publication shall be added to the journals and you shall pay the appropriate additional fee to reflect this.
All sums payable by you are exclusive of sales taxes (where applicable), which shall be paid by you on presentation of an appropriate tax invoice or other appropriate claims document.
Withdrawal of the Journals
Darswin reserves the right at any time to withdraw any of the journal(s) (or part) from the Service if it no longer retains the right to publish or ceases, for whatever reason, to publish or to distribute such journal(s) or if, in its sole discretion, it believes that such journal(s) contains any material which infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
If any journal(s) is withdrawn, Darswin will reduce any fee for that calendar year by a sum equivalent to the contribution of the withdrawn content to the total fee, pro-rated. Darswin shall be entitled to off-set any reduction owing to you against any amounts you owe to Darswin under any agreement between the parties.
Availability of the Service
Darswin will use its reasonable endeavors to make the Service available on a 24 hour basis, subject to Darswin's right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused by circumstances beyond Darswin's reasonable control including, but not limited to, downtime relating to telecommunications lines or any Internet nodes or facilities. If access is suspended or interrupted, or fault or defect occurs which prevents access, Darswin's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. Darswin shall have no other liability in this respect. Darswin shall not be liable for any delay, downtime, transmission error, software or equipment incompatibility, force majeure or any failure of performance beyond its reasonable control.
Darswin reserves the right to suspend access to the Service on detecting a breach of these terms and conditions but will not do so without notifying you in advance.
Disclaimer of Warranties
Darswin WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENCES IN THIS AGREEMENT. Darswin WILL TAKE REASONABLE CARE TO ENSURE THAT ITS JOURNALS ARE COMPLETE, ACCURATE AND ERROR FREE BUT Darswin DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT WARRANT THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY YOUR REQUIREMENTS.
OTHER THAN AS SET OUT ABOVE, Darswin MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Darswin SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Darswin FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO Darswin FOR THE SERVICE DURING THE YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF Darswin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF ACTION AROSE.
YOU ASSUME THE SOLE RESPONSIBILITY FOR ALL USE OF THE SERVICE THROUGH YOUR USER DETAILS AND INDEMNIFY AND AGREE TO HOLD Darswin INDEMNIFIED FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM SUCH USE.
Darswin USES ITS REASONABLE ENDEAVOURS TO INCLUDE ALL RESEARCH MATERIAL FORMING PART OF THE SERVICE BUT DUE TO THE AGE, RARITY AND UNAVAILABILITY OF CERTAIN MATERIAL, Darswin ACCEPTS NO RESPONSIBILITY FOR THE COMPLETENESS OF THE JOURNALS AND MAKES NO REPRESENTATION OR WARRANTY IN THIS REGARD.
Darswin CONDUCTS REASONABLE QUALITY CHECKING AS PART OF THE PRODUCTION PROCESS OF THE SERVICE. THIS CHECKING ENCOMPASSES ACCURACY AND COMPLETENESS. NO CHECKING ABOVE AND BEYOND THE CHECKING WHICH FORMS PART OF THE PRODUCTION PROCESS HAS BEEN CARRIED OUT. CONSEQUENTLY Darswin ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE JOURNALS AND MAKES NO WARRANTY OR REPRESENTATION IN THIS REGARD.
This Agreement and access to the Service may not be assigned or transferred by you to any other institution, organization or person.
Failure to enforce any provision on any one occasion shall not affect Darswin’s right to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between Darswin and you for the Service, which is in force on the date that this agreement comes into force, constitutes the entire agreement between us relating to the Service and supersedes any prior communication between you with respect to the Service. This is not intended to exclude any liability that either of us may have for fraud. Where there is any conflict between this agreement and any other existing agreement between us relating to the Service then the latter shall prevail.
Any amendments to these terms and conditions must be in writing and signed by both parties or by an electronic communication initiated by Darswin which you do not reject within 30 days.
You confirm that Darswin shall be entitled to contact you for the purposes of keeping you updated with information about the Service and for promoting other goods and services of Darswin from time to time.
This agreement will be governed by and construed in accordance with the laws of USA and we both submit irrevocably to the jurisdiction of the USA Courts. You shall not be bound by this paragraph to the extent that compliance would violate any existing law, regulation, by-laws or articles of incorporation or other governing instrument.