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The following Terms of Use govern use by all users of Atypon Systems LLC’s and its affiliates and subsidiaries (“Atypon”) identity management service (“Connect”). By using or accessing Connect, you agree to be bound by these Terms of Use, as updated from time to time in accordance with Section 8 below. There may be instances when we offer additional terms specific to a product, application or service, which are incorporated by reference into these Terms of Use. To the extent such additional terms conflict with these Terms of Use, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean Atypon.
Using Connect
To use Connect, you register for an account with Connect as prompted by the account registration form (“Account”) either by: (a) using existing account information (such as through a third-party identity manager like Google, Twitter or Orcid); or (b) by providing your information, such as name and email address.
You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by accessing your profile page after logging in to Connect.
Connect provides sign-in technology to Account holders (“User” or “Users”) who wish to access the products, services and/or applications offered by Atypon or by third parties without managing additional usernames and passwords (the third-party services are referred to in these Terms of Use as “Third-Party Services”). Connect facilitates your access to applicable Atypon products and services seamlessly. In addition, should you wish to use Connect to access Third-Party Services, you will be prompted to authorize Atypon to share your log-in information (which may include the User’s name, email address, institutional affiliation(s), country/state, and/or image (the “Log-In Information”)), to the extent required by Third-Party Services, as well as any other information in your Connect profile that you have enabled for sharing.
Atypon retains a record of the authentication transaction for accessing Third-Party Services as long as necessary to support your use of Connect.
Atypon is not responsible for the information, content or material that Users provide directly to Third-Party Services, or for the products, services and/or applications that Third-Party Services provide to the User. Atypon is not affiliated with Third-Party Services, so you should only use Connect to access Third-Party Services you trust.
You are solely responsible for your Log-In Information. You assume all risks associated with use of your Log-In Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Log-In Information through Connect.
In using Connect, you shall not:
- Access Connect by any means other than instructions provided by Atypon;
- Use Connect for any illegal or unauthorized purpose;
- Disrupt, damage, disable, alter, tamper, delete or interfere with Connect or the data contained therein;
- Share with any third party any access codes or Account information, including without limitation your username and password that you may create or Atypon may provide in connection with Connect;
- Attempt to gain unauthorized access to Connect or its related systems or networks;
- Access Connect in order to: (1) build a competitive product or service, or (2) copy any ideas, features, functions, or graphics of the Services; or
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Provide, post, upload, input or submit on or through Connect, including blog pages, message boards, comment or discussion features, chat rooms or forums, or facilitate any of the foregoing, any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
- Constitutes the selling or trading of any merchandise;
- Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
- Contains software viruses worms, time bombs, Trojan horses or any other harmful or malicious code, files, scripts, agents, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or
- Impersonates any person or entity.
You are responsible for all activity that occurs under your Account and you are solely responsible for maintaining the confidentiality of your access codes and Account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or Account information.
Ownership
All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in Connect and the content contained therein (collectively, “Atypon Services and Content”) are and will remain the sole and exclusive property of Atypon and/or its licensors. No title to or ownership of any portion of Connect, the Atypon Services and Content or any other products or services manufactured, sold and/or distributed or otherwise made available by Atypon, or any proprietary rights related to those products or services, is or will be transferred pursuant to or by virtue of these Terms of Use. Atypon and its licensors reserve all rights not granted in these Terms of Use. There is no implied license granted under these Terms of Use.
By providing, posting, uploading, inputting or submitting (“Providing”) your Log-In Information to Connect, you hereby grant Atypon the right to share your Log-In Information with Third-Party Services. You acknowledge that use of Connect is for your personal use only. You warrant and represent that you own or otherwise control all of the rights to your Log-In Information, including, without limitation, all the rights necessary for granting Atypon the right to share that information with Third-Party Services as described in these Terms of Use.
Term and Termination
These Terms of Use remain in full force and effect while you use Connect. We reserve the right, in our sole discretion, to suspend or terminate your Account and/or access to all or part of Connect, with or without notice. You understand that any termination of your Account may involve deletion of your Log-In Information associated with your Account from our live databases. Atypon will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of your Log-In Information.
Upon termination, all rights granted to you in these Terms of Use will immediately cease.
Any provision of these Terms of Use that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Use will survive.
Indemnification
A. To the extent permitted by applicable law, you will defend, indemnify and hold harmless Atypon, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “Atypon Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Atypon Indemnitee (i) claiming that your Log-In Information infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party; (ii) in connection with your violation of these Terms of Use; or (iii) your violation of applicable laws or regulations.
B. In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) sole control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.
Disclaimer
Connect and all materials contained therein are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. The use of Connect and all materials contained therein is at your own risk. Access to Connect may be interrupted and may not be error free. Neither Atypon nor anyone else involved in creating Connect or the material contained therein will be liable to you for any direct indirect, incidental, special, consequential or punitive damages arising out of your use of or inability to use Connect and all materials contained therein, even if Atypon has been advised of the possibility of such damages. The terms of this Section 5 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
Injunctive Relief
You agree that any breach of your obligations with respect to Atypon's proprietary or intellectual property rights will result in irreparable injury to Atypon for which money damages are inadequate, and you therefore agree that Atypon shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
DMCA and Content Protection
DMCA Notification Policy
Atypon respects the intellectual property rights of others, and is compliant with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you believe your copyright-protected work was posted on a Atypon site without authorization, you should submit a DMCA Notice to Atypon's Designated Agent at [email protected] with the following elements:
- Your full name, mailing address, telephone number, and email address;
- A description of the copyrighted work that is claimed to be infringed;
- A description of where the allegedly infringing material is located on the Atypon site (i.e. a specific URL link or links);
- A statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
- A signed (either physical or electronic) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying Atypon that copyrighted material has been posted on a Atypon site without authorization.
Service Provider’s Address:
Atypon Systems, LLC 5201 Great America Parkway Suite 510 Santa Clara, CA 95054 Phone: 2017486446 Email: [email protected]Designated DMCA Agent:
Designated Agent John Wiley & Sons, Inc. 111 River Street Hoboken, NJ 07030 Phone: 2017486446 Email: [email protected]Reporting Piracy and Brand Abuse of Atypon Content
To report incidents of online piracy of Atypon content or brand abuse (misuse of Atypon logos or wordmarks) in any format, please contact [email protected]. When contacting [email protected], please include links to all infringing content or postings you have observed. Our Content Protection team will investigate the information you submit and may send takedown notices or take legal action to protect its authors, brands and copyrighted content. Thank you for reporting suspected infringements. Due to the volume of e-mails, we may not always be able to send an individual reply to your message. You may come across infringing links that you have reported even after you have notified us. This may occur because the link does not actually lead to an infringement (i.e. in case of scam or phishing sites) or due to non-compliance with takedown notices on the side of the infringing platform.
Thank you for your collaboration and understanding.
Privacy Policy & Consents
Atypon will process and store information that you provide to Atypon, such as Log-In Information, in accordance with Atypon’s privacy policy. Atypon may also send you service announcements, administrative messages and other information in connection with your use of Connect. You may opt out of particular communications.
Additional Terms
We make no representation that Connect is appropriate or available for use in your location. If you choose to access Connect, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Use represent the entire agreement between us and supersede any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Use. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of Connect following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that by using Connect, you agree that you are entering into a legally binding agreement (even if you are using Connect on behalf of a company). You acknowledge that you have read these Terms of Use, and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules. The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:
UNITED STATES (and all other countries not expressly stated herein)
- Applicable Law — State of New York
- Agreed Jurisdiction — New York, NY
UNITED KINGDOM & EMEA (excluding Germany)
- Applicable Law — England and Wales
- Agreed Jurisdiction — England and Wales
CANADA
- Applicable Law — Ontario
- Agreed Jurisdiction — Province of Ontario
GERMANY
- Applicable Law — Federal Republic of Germany
- Agreed Jurisdiction — Weinheim
AUSTRALIA
- Applicable Law — State of Victoria
- Agreed Jurisdiction — Melbourne
SINGAPORE
- Applicable Law — Singapore
- Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.
ALL ASIA PACIFIC (excluding Australia and Singapore)
- Applicable Law — Singapore
- Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.
Legal notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Use shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.