**Version replaced on 27.08.2021**
These terms (the "Terms") describe the rights and responsibilities that apply to use of the website at www.figshare.com and associated domains (the "Site"), and the products and services made available in connection with the Site (together with the Site, the "Service" as further defined below). Please read them carefully. By accessing or otherwise using the Site or any other part of the Service, you agree to be bound by these "Terms" as part of a legally binding contract.
The Service is operated by Figshare LLP ("Figshare"), a limited liability partnership registered in England & Wales (No.OC378473). Figshare is part of Digital Science.
If you agree to these Terms as an individual, you must be at least 16 years old and otherwise of legal age to form a binding contract. If you are acting on behalf of an institution, business, organization, agency or other entity (an "Organization"), you must ensure that: (i) you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization, and (ii) any individual or entity to whom you provide access to the Service is made aware of and complies with these Terms. In that case, "you" and "your" in these Terms shall refer to the Organization you represent.
Parts of the Service are used to make research outputs available in a shareable and discoverable way. If you access, via the Service, research objects or other Content deposited by a user or originating from a public third party resource ("Published Content"), you expressly acknowledge that nothing in these Terms transfers or grants you any licence or right in respect of that Published Content, but without prejudice to any licence or right granted to you by the relevant rightsholder ("Published Content Licence").
Details of the Published Content Licence for a particular item of Published Content are typically referenced in the associated metadata and/or listed on the page on which the Published Content is displayed and, for example, may be in the form of a creative commons license. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, or licence terms / restrictions, used in relation to any Published Content.
Figshare does not review the content of any Published Content and specifically excludes (without limitation) any warranty regarding the scientific accuracy, completeness or quality of the information contained in the Published Content. You acknowledge all Published Content is accessed, used and relied upon entirely at your own risk and you will be solely responsible for any loss or liability that may arise from the same.
For purposes of these Terms, the term "Content" includes any data or dataset, text or article, figure, image, software, code, script, graphic or interactive feature, or any other resource, information or content.
You acknowledge that the Service (excluding the Published Content) is owned by or licensed to Figshare and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties ("Proprietary Rights"). In particular, you acknowledge that the Site and other parts of the Service, including its underlying databases, are protected by copyright as collective works and/or compilations pursuant to copyright and database laws.
Nothing in this Agreement shall operate to transfer any Proprietary Rights in any part of the Service or give rise to any implied rights. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to any Content or other part of the Service.
Reference to the "Service" in these Terms includes associated documentation and APIs, and other sites that refer to these terms, operated by or on behalf of Figshare, together with the Content made available on or via any other part of the Service, as the context permits.
Without prejudice to any Published Content Licence or Contract, the Service is provided only for your personal, non-commercial research purposes, at all times subject to these Terms. You shall not otherwise use any part of the Service without the prior and express written agreement of Figshare.
By way of example, and not as a limitation, you shall not, do or assist, encourage or permit any person to do any of the following in respect of any part of the Service:
Additionally, you must not take any action that imposes or may impose (as determined by Figshare in its sole discretion) an unreasonable or disproportionately large load on Figshare (or its third party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of the Service or any activities conducted on the Service. Without limiting that discretion, Figshare may determine unreasonable usage by comparing your activity for any given period against the average for all equivalent users of the relevant part of the Service.
You may browse the Site without registering, but as a condition to using certain parts of the Service, for example to deposit or publish Content, you may be required to register with Figshare and select a password and user name ("User ID"). You must not: (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive or obscene. Figshare reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (i) impersonate or try to impersonate another person; (ii) disclose your password to anyone else; (iii) allow anyone else to use your account; or (iv) use anyone else’s account. You must immediately notify Figshare in writing of any unauthorized use of your account, or other account related security breach of which you become aware.
You represent that all information you provide is accurate and truthful and that you will maintain the accuracy and truthfulness of such information by any feature we make available for that purpose or otherwise by notifying Figshare in writing.
Individuals may register personal accounts at figshare.com ("Personal Accounts") to use for their personal, non-commercial research purposes. If you register a Personal Account, you should only deposit your own research to that account, and only publish Content that you are free to publish, after any embargo period has expired and always in accordance with the requirements of any funding. You must also comply with the "User Submissions" section below.
Figshare operates and supports custom Figshare portals ("Portal") to help organizations make their research outputs available in a citable, shareable and discoverable manner. Portals may be hosted on a subdomain of figshare.com or a separate URL.
If you belong to or are otherwise associated with an Organization ("Portal Owner") that has its own Portal, you may be able to register an account that is linked to that Portal. YOU EXPRESSLY ACKNOWLEDGE THAT THE PORTAL OWNER WILL HAVE CERTAIN ADMIN RIGHTS OVER SUCH AN ACCOUNT AND ACCESS TO / CONTROL OVER THE DATA YOU PROVIDE AS PART OF THE ACCOUNT REGISTRATION PROCESS ("ACCOUNT DATA") AND CONTENT YOU DEPOSIT TO THE PORTAL. For example, the Portal Owner may enable or disable your access to the Portal, track usage, and configure deposit and publication settings. Accordingly, you should review the Portal Owner’s policies before depositing Content and otherwise using a Portal. While such policies do not form part of these Terms, by using any part of a Portal that requires registration, you agree with the Portal Owner to comply with them. You must also ensure that the Portal Owner is authorized and otherwise free to lawfully host and otherwise use any Content you deposit as contemplated. If you have any questions about those policies, you should discuss them with the Portal Owner. In addition to those policies, you must comply with the "User Submissions" section below.
If a Portal Owner chooses to close a Portal, typically you will have the option to transfer your Content to a Personal Account, although this may depend on the terms of Figshare’s contract with the Portal Owner. Notwithstanding, Content that has been published via a Portal may continue to be publicly accessible at figshare.com and other sites on an indefinite basis.
For information on how Figshare collects, processes and uses your personal information, please refer to the privacy policy at figshare.com/privacy which is subject to and forms part of these Terms. The privacy policy will apply to personal information collected in connection with a Personal Account.
In the case of Portals, we will only use or otherwise process Account Data to perform our obligations under the Contract and otherwise in accordance with the instructions of the Portal Owner. Accordingly, you should refer to the privacy policy of the Portal Owner for information about how it collects, processes and uses your personal information.
The security of your private Content is a key priority for Figshare. For a description of the safeguards Figshare aims to keep in place in respect of your private Content, please refer to the Figshare knowledge portal at knowledge.figshare.com. These safeguards will typically include measures to prevent unauthorized access, use, modification, deletion and disclosure of your private Content, while noting they vary or may not apply depending on the part of the Service you are using. For example, the Content on a Portal may be hosted by the Portal Owner, the security of which Figshare has no control. While Figshare makes regular backups of the Content it hosts, you should always keep a local copy of your important files.
The Service may provide you with the ability to deposit, create, store, distribute, publish or otherwise submit ("Submit" or similar) Content on or to the Site or otherwise using the Service (collectively, the "User Submissions"). Without limiting the foregoing, User Submissions may be Submitted when you: (i) upload or import content, (ii) synchronize content such that the Service stores or "mirrors" content, (iii) add comments, edits or annotations, or (iii) share with another person any content, whether by email or other means.
Nothing in these Terms transfers ownership of any Content from you to Figshare, so you must ensure that Figshare is authorized and otherwise free to lawfully host and otherwise use any User Submission as envisaged by these Terms or the relevant Service. You also agree to provide such information as Figshare may request to demonstrate that you own or otherwise control all rights required to make any Submission in accordance with these Terms and to grant the rights envisaged.
For clarity, these Terms do not grant Figshare any rights to Submissions beyond those required to operate, support and otherwise provide the Services, or as otherwise specified. For example, these will include rights to host, reformat and index User Submissions and product improvement, analytical, reporting and research purposes. If you (or in the case of Portals, the Portal Owner) have chosen to make any User Submission publicly available, these will also include rights to process that Content, and associated metadata, to make it more discoverable, and make the same available to others on an indefinite basis, including via Figshare.com. You understand that such User Submissions, and those that you may have chosen to share, will be accessed by individuals or entities that Figshare does not control. The rights and licences granted to Figshare shall extend to its affiliates and trusted third parties (for the purpose of their work for Figshare).
You shall ensure that no part of any User Submission: (i) violates, infringes or makes unauthorised use of any Proprietary Rights (ii) is defamatory, derogatory, discriminatory or violates any rights of privacy (iii) breaches, causes the breach, or promotes or encourages the breach of, any applicable law (iv) contains a virus, malware or other potentially harmful component, information or instructions (v) is indecent, obscene, offensive, abusive, sexually explicit, violent or pornographic (vi) contains educational records, health or other sensitive personal, highly classified or regulated information or personal information of others, or which you are not authorised to upload, publish or share (vii) is fraudulent or known to be false or misleading or (viii) could result in any claim or action against Figshare or affiliates, or damage their goodwill or reputation in any way.
Figshare shall have no obligation to review any User Submissions, whether private or public, which you acknowledge are the sole responsibility of the person(s) that made the Submission. While Figshare is not responsible for any User Submission, it reserves the right, without notice, at its sole discretion and without liability, (i) to alter, delete or block access to content that it deems to be inappropriate or insufficiently protected, and (ii) to restrict or remove User access where it considers that use of Figshare interferes with its operations or violates these Terms of Use or applicable laws (including upon receipt of claims or allegations from third parties or authorities relating to such User Submission or if Figshare is concerned that the Submission otherwise breaches these Terms). In the case of Portals, it may be that Figshare requires the Portal Owner to take this action rather than to intervene itself.
If you are accessing and/or otherwise using the Service pursuant to a separate agreement between Figshare (or one of its affiliates) and the Organization that you belong to or are acting for ("Contract"), your use will also be subject to the Contract, provided to the extent there is any conflict, the terms of the Contract shall prevail. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on any such Organization nor give rise to any claims by it against Figshare (or any of its affiliates), whose relationship with the Organization shall be exclusively governed by the Contract.
Usage restrictions and other additional terms and conditions ("Additional Terms") may apply to certain parts of the Service and shall form part of these Terms. You shall comply with all Additional Terms referenced on any part of the Service you use, including as may be posted to the Site, referenced on the Content or otherwise that you are given notice of, together with any Published Content Licence, and to the extent there is any conflict between the Additional Terms and other parts of these Terms, the Additional Terms shall prevail in respect of the relevant part of the Service.
Figshare reserves the right, at its sole discretion, to change, suspend, or discontinue any part of the Service at any time without notice to you. This may involve the removal of any Content from the Service.
Figshare reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service following the posting of any changes to the Site or otherwise notified to you constitutes acceptance of those changes.
These Terms were last updated in August 2020. Previous versions are available here.
If any part of the Service is made available on or through other websites or other resources on the Internet and or includes links to such resources, or other websites or resources contain links to any part of the Service, this is done for convenience only and any access to, use of and/or reliance upon such resources is done entirely at your own risk and Figshare disclaims all liability arising therefrom.
Figshare may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of information associated with your account, including User Submissions. Upon termination, all rights granted under this Agreement shall terminate and you shall immediately stop using the Service. If you wish to terminate your account, you may do so by following instructions available on the relevant part of the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY, CONDITION OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES OR ERROR-FREE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
US Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): FIGSHARE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY SITE LINKED TO THE SERVICE. Figshare will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Figshare’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You shall defend, indemnify, and hold harmless Figshare and its affiliates, and their respective officers, directors, employees or agents, on demand from all losses, liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement or violation by you or caused by you, or any third party using your account, of any Proprietary Rights or other right of any person. Figshare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Figshare in asserting any available defenses.
The Service is provided as "commercial computer software" / "commercial computer software documentation" and other commercial items including "technical data of a commercial item", as applicable. If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / the Service, it should immediately discontinue use of the Service.
IN NO EVENT SHALL FIGSHARE, ITS AFFILIATES, SUPPLIERS, PARTNERS, INTEGRATORS, PORTAL OWNERS, LICENSORS OR CONTENT PROVIDERS (NONE OF WHICH, FOR THE PURPOSES OF THIS CLAUSE, SHALL INCLUDE YOU) OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) (IN THE AGGREGATE) OR THE FEES PAID BY YOU FOR THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES NOR FOR DATA LOSS OR CORRUPTION; OR (IV) FOR ANY MATTER ARISING FROM YOUR BREACH OR NEGLIGENCE, OR BEYOND FIGSHARE’S REASONABLE CONTROL. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Although parts of the Service may be made available for free to certain users, this is done at Figshare’s absolute discretion. Figshare reserves the right to introduce new fees and change its price list at any time, upon notice to you, including by posting details of such change on the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Middlesex County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Massachusetts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.
These Terms are the entire agreement between you and Figshare with respect to the Site, Content and other parts of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Figshare with respect to the same. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Figshare shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Figshare’s reasonable control, including mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Figshare’s prior written consent. Figshare may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any reference to "includes" and "including" shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
All notices under the Contract will be in writing and by email, although notice of information that is not specific to you may also be given by posting on a status or other webpage related to, or otherwise via, the Service. Notices to Figshare must be sent to info@figshare.com, except for legal notices, such as notices of termination or a claim, which must also be sent by hand or registered mail to the UK address below and marked for the attention of the Legal Department. Notices will be deemed to have been duly given (i) in the case of emails (except legal notices) the business day after it is sent; (ii) in the case of notices via the Service, the day of the notice; and (iii) in the case of legal notices, if delivered by hand, upon delivery, or if sent by registered mail, on the recorded date of receipt.
Feedback, suggestions or other comments, about the Services are welcome. Please keep in mind these may be used and disclosed without any obligation to you.
If you have any questions about these terms or any part of the Service, please email us at info@figshare.com or write to us at our registered address at: The Campus, 4 Crinan Street, London, United Kingdom, N1 9XW. Figshare is part of Digital Science.
Figshare has adopted the following policy toward copyright infringement in the United States in accordance with the Digital Millennium Copyright Act or DMCA. The address of Figshare’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Figshare’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Figshare’s policy:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Figshare may send a copy of the counter-notice to the original complaining party informing that person that Figshare may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Figshare’s discretion.
Please contact Figshare’s Designated Agent to receive notification of claimed infringement at copyright@digital-science.com or the following address:
Digital Science
625 Massachusetts Avenue, Cambridge, MA, 02139
Attention: Legal Department
**Version replaced on 14.10.2020**
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY FIGSHARE LLP. (THE “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://FIGSHARE.COM (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY COMPANY (INCLUDING YOUR USE OF SUCH SERVICE WHEN MADE AVAILABLE THROUGH SOFTWARE OWNED, OPERATED, OR LICENSED BY COMPANY OR THROUGH A THIRD PARTY WEBSITE) (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE
REPRESENTATIONS BY ORGANIZATIONS. If you agree to these terms on behalf of a business, organization, agency or institution “an Organization,” you represent and warrant that (i) you have authority to bind that Organization to this Agreement, (ii) your agreement to these terms will be treated as the agreement of the Organization and (iii) any individual or entity to whom you provide access to the Software shall be made aware of and shall be bound by these terms. In that case, “you” and “your” in this Agreement shall refer to the Organization you represent.
Acceptance of Terms. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporate Company’s Privacy Policy. figshare.com/privacy. The Service is available only to individuals who are at least 13 years old. If you are under 13, you may not use or attempt to register for the Service.
You represent and warrant that you are an individual (i.e. not a corporation), you are of legal age to form a binding contract, that all registration information you submit is accurate and truthful and that you will maintain the accuracy and truthfulness of such information by accessing your preference settings from within the Service. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Use. Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site, on or through the Service, or by sending an email to the email address associated with your account. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Rules and Conduct. As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service is provided only for your own non- commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any content, articles, data, text, photographs, images, illustrations, or other information, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company, its partners or other third parties on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or impersonates any person or entity, including any employee or representative of Company. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service.
The Site and Service are protected by copyright as collective works and/or compilations pursuant to U.K. copyright laws, international conventions, and other copyright laws. You shall abide by all applicable local, state, national and international laws and regulations. Company does not guarantee that any Content or User Submissions (as defined below) will be made available or will be continuously available on or through the Service. Company has no obligation to monitor the Site, Service, or Content. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
Registration. You may browse the Site without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and user name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are or become aware.
Third Party Sites. Company may make the Service available on or through other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 the use of or reliance on any content, goods or services available on or through any such website or resource.
Content and Licence. You agree that the Service contains Content specifically provided by Company, its partners and other third parties, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
User Submissions. The Service provides you with the ability to add, create, upload, submit, distribute or post (“Submit,” “Submitting” or “Submission”) content, articles, data, text, photographs, images, illustrations, or other information on or to the Site or Service (collectively, the “User Submissions”). By way of example, and not as a limitation, User Submissions may be Submitted when you request the Service to (i) identify, resolve, copy, or import content stored on your or a third party’s computer system, (ii) synchronize content such that the Service stores or “mirrors” content stored on your or a third party’s computer system by storing such content on equipment owned or operated by Company, (iii) save or store your comments, edits or annotations to Content accessible through the Service, or (iv) share with another person any content stored on your or a third party’s computer system.
You represent and warrant that the use or other exploitation of any User Submissions by you or Company as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. Except in the case of User Submissions containing content exclusively in the public domain, you represent and warrant, and can demonstrate to Company’s full satisfaction upon request that (i) you own or otherwise control any and all rights or licences required in order to Submit all content in your User Submissions and to permit Company to use such content as contemplated by these Terms of Use, and (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use.
You understand that all information publicly posted or privately transmitted through the Site or Service is the sole responsibility of the person from which such content was Submitted. Company will not be liable for any errors or omissions in any content, and may delete, modify, or reformat any materials, content or information Submitted by you. Company does not endorse and has no control over any content Submitted to the Service. Company cannot guarantee the authenticity of any User Submission. You acknowledge that all Content accessed by you in connection with your use of the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access to or your inability to access such Content.
If You have chosen to make Your Information Publicly Available, You understand that Company may share User Submissions with third parties in connection with your use of the Service, and that Company cannot and does not control any such third parties. You acknowledge that Company makes no representation or warranty regarding the privacy of any User Submissions and that you have no expectation of privacy with respect to any User Submissions unless expressly provided otherwise by Company’s Privacy Policy, located at http://figshare.com/ privacy
Termination. Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account, including User Submissions. If you wish to terminate your account, you may do so by following instructions available on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Service, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, INTEGRATORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE UNINTERRUPTED AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade- secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification. You shall defend, indemnify, and hold harmless Company and, its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, or Content, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, LICENSORS, INTEGRATORS OR CONTENT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100) (IN THE AGGREGATE) OR THE FEES PAID BY YOU FOR THE SERVICE DURING 12-MONTH PERIOD PRECEDING THE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Fees and Payment. Although our basic Services are currently free to users, Company reserves the right to amend or withdraw such free Services at any time. Premium Services require payment in order to be accessed by users. You shall pay all applicable fees, as described on the Site, in connection with any such Services selected by you. Failure to make the appropriate payment will result in the withdrawal of your access to the charged-for Services. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your continuing use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable (your statutory rights are not affected).
Dispute Resolution. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London, England, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. "JAMS" (www. jamsinternational.com) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United Kingdom Courts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this Section.
Integration and Severability. The Terms of Use are the entire agreement between you and Company with respect to the Site and use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the same. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright Dispute Policy. Company has adopted the following general policy toward copyright infringement in accordance with the European Union Copyright Directive. The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter- notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the UK Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United Kingdom, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion. Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at copyright@digital-science.com or the following address:
Digital Science
625 Massachusetts Avenue, Cambridge, MA, 02139
Attention: Legal Department
Effective Date: January 17th, 2012
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