MiniManuscript Terms and Conditions of Use
Last Updated Date: [•] November 2012
Attention: These website terms and conditions of use (as modified) ("Terms") apply to the entire contents of the website "MiniManuscript" under the domain name minimanuscript.com (the "Site") and to any correspondence between us and you. Please read these Terms carefully before using the Site. Using the Site, indicates that you accept these Terms and that you agree to abide by them. If you do not accept these Terms do not use the Site.
- We have established the Site to provide an on-line user-generated collaborative resource for individuals to upload summaries of manuscripts, academic articles and papers ("Summaries"); access, view, print, download, save and otherwise make use of the Summaries; amend and alter uploaded Summaries; and post information, comment, and blog about the Summaries ("Comments") (collectively the "Site Content").
- By accessing any part of the Site, you shall be deemed to have read, understood and accept these Terms in full. If you do not accept these Terms in full, you have no right to use or access the Site or any Site Content and must leave the Site immediately.
- The Site is owned and operated by One Minute Manuscript Ltd ("One MM", "our", "us" or "we"). One MM is registered in England and Wales under company number 07860435 and has its registered office and trading address at Gordon House, 29 Gordon Square, London WC1H 0PP.
- You must only use the Site and Site Content for purposes consistent with these Terms.
- If you do not comply with these Terms, we may block your access to the Site and/or your Account.
- We reserve the right, at our sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Site Content after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Site Content.
Access to Site and Site Content
- The Site is publically available and as such you are not required to obtain an account to access the Site or make use of the Site Content ("Casual User"). If you are a Casual User, you are not permitted or able to upload Summaries to the Site, amend existing Summaries or post Comments.
- If you register with us, we, in our sole and absolute discretion, will provide you with a free MiniManuscript standard account ("Standard Account"). If we provide you with a Standard Account, you will be able to access the Site, make use of the Site Content, post Comments, upload Summaries, amend uploaded Summaries, and save up to 50 Summaries to your Standard Account.
- If you register with us and pay the premium account fee, we, in our sole and absolute discretion, will provide you with a MiniManuscript premium account ("Premium Account"). If we provide you with a Premium Account, you will be able to access the Site, make use of the Site Content, post Comments, upload Summaries, amend uploaded Summaries, and save an unrestricted number of Summaries to your Premium Account.
- To obtain a Standard Account or Premium Account (collectively an "Account") you must register with us on the Site. When you register for an Account, we will ask you to provide us with your personal details, including your name, email address, and academic status. In addition, if you register for a Premium Account, we will ask you to provide us with your billing and payment details. We may not provide you with an Account if you do not set out the details and information we require.
- You agree to provide accurate, current and complete information during the Account registration process and to update such information, to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the Account registration process or thereafter proves to be inaccurate, not current or incomplete.
- An individual may only hold one Account at any time.
- If we provide you with a Premium Account you are required to pay account fees ("Premium Fees") on a rolling monthly or annual basis from and including the date you apply for your Premium Account ("Due Date") unless and until you cancel your Premium Account and/or do not pay your Premium Fees. Details of your billing information and the Due Date for payments of can be found on your Premium Account "Account" page.
- To obtain a Premium Account you are required to register your credit or debit card details with us. You agree and authorise us to charge your credit or debit card for the Premium Fees on or after every Due Date. If your credit or debit card expires or if you update or change your credit or debit card or think you have entered your details incorrectly on registration for your Premium Account then please contact us via email at firstname.lastname@example.org to advise us of your correct/new card details.
- You are entitled to cancel you Premium Account at any time, effective immediately, via your Premium Account "Account" page. All Premium Fees are prepaid and non-refundable and we will not provide you with any refunds or credits should you cancel your Premium Account on or after your Due Date of payment. We will not charge any Premium Fees to your credit or debit card (or if we do charge your credit or debit card we will provide you with a refund of the said Premium Fees) if you cancel your Premium Account prior to your Due Date of payment. If you cancel your Premium Account we will relegate your account to a Standard Account.
- If we cannot charge your debit or credit card for the Premium Fees on or after your Due Date of payment or the Premium Fees are otherwise not paid by you on the Due Date we will attempt to notify you via email that your Premium Account is in arrears. If payment is not received within five days, we will cancel your account and relegate your account to a Standard Account.
- If your account is relegated from a Premium Account to a Standard Account, all Summaries and other information saved to your Premium Account will not be accessible by you unless and until, and within 24 months from the date of relegation of your Premium Account, you return your Standard Account to a Premium Account.
- We reserve the right to change the Premium Fees at any time and undertake to notify Premium Account holders of such a change, via email, by giving seven days notice. Any change in Premium Fees is effective on your next Due Date for payment.
- We are committed to ensuring your privacy is protected. Should we ask you to provide certain information or details by which you can be identified when using our Site, such information or details will only be used in accordance with this clause 6.
- So that we can provide you with an optimal resource and protect our MiniManuscript community we ask you to provide us with certain personal details on setting up an Account (including your name, email address, academic status and, if you are a Premium Account holder, your billing and payment details). More specifically, your personal details are used by us to improve and administer your access to the Site, to further understand your interests and needs, to personalise and enhance your experience when using the Site, to provide you with information about changes to the Site, internal record keeping, to periodically send you promotional emails about new Summaries or features or products that you may find interesting, and if you are a Premium Account holder, to facilitate the payments of Premium Fees. You may request details of the personal information which we hold about you under the Data Protection Act 1998.
- Your personal information will be processed in accordance with our security policy (set out at clause 7) and will not be disclosed on the Site without your express permission (other than your username being attached to any Comments you make or any Summaries you upload or amend). We will not sell, distribute or pass your personal information on to any third party unless we have your permission or are required by law to do so.
- If you hold an Account, you may view and edit the personal details that you provided us via your "Account" page. You also have the option to cancel your Account, in which case your personal details will no longer be held on the Site and any Comments you have made will be anonymised to "inactive user". Click here for more information on cancelling your account.
- The Site is publicly accessible and does not require you to have an Account to access the Site or make use of the Site Content. Any Comments you make may be viewed by any user of the Site and, in respect of Account holders, may remain on the Site even if you have deactivated or deleted your Account.
- The Site may contain links to other third party websites. However, once you have used these links to leave our Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by these Terms. You should exercise caution and look at the privacy statement applicable to the website in question.
- We are committed to ensuring that your personal details and information is secure. In order to prevent unauthorised access or disclosure of your personal information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- In order to protect you when you enter particularly sensitive details or information, such as billing details and passwords, we encrypt the transmission of that information using secure socket layer technology. Please be aware that although we follow generally accepted protection standards, no electronic transmission method or storage is completely secure. Therefore, we cannot guarantee your information's absolute security.
- You are responsible for safeguarding, treating as confidential, and not disclosing to any third party your Account password and any user identification code or other piece of information we provide you as part of our security procedures. We have the right to disable your password and/or any user identification code, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
- You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them. You are responsible for all activity or actions under your Account, whether or not you authorised that activity or actions. You will immediately notify us (at email@example.com) of any unauthorised use of your Account or if the security of your Account has been compromised in any way.
Your use of the Site
- You may only use the Site and Site Content for lawful purposes and as permitted by us. You may not use, and shall take all reasonable steps to ensure that no other person uses the Site or any Site Content in a way that is not permitted by us or in a way that is in any way unlawful.
- to comply with any legal notices contained on the Site and on any Site Content;
- to respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trade marks), and the rights of our licensors;
- to acknowledge One MM's status as the owner of all Site Content printed, downloaded or otherwise used in accordance with the Terms;
- not to present or use and Site Content in a way that is misleading;
- not to make Comments, post, upload, publish, submit, provide access to or transmit any Site Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- not to sell, harvest, market or trade in any of the Site Content downloaded, printed or otherwise obtained from the Site without our express written permission;
- not to change any of the text or images contained in the Site or in any Site Content or merge such text or images with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Site Content;
- not to attempt to probe, scan, test the vulnerability of the Site, breach any security or authentication measures or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
- not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site or Site Content or other uses of the Site;
- not to attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
- not to send or post on the Site any unsolicited or unauthorized advertising, promotional materials, email, junk mail spam, chain letters or other form of solicitation;
- not to use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content;
- not to interfere with, or attempt to interfere with, the access of any Account holder, Casual User, host or network, including, without limitation, introducing or sending a virus, worm, trojan, or other material that is malicious or technologically harmful or overloading, flooding, spamming, or mail-bombing the Site;
- not to collect, distribute or store any personal information regarding other Account holders or Casual Users without their express permission;
- not to impersonate anyone else, disguise you identity, or misrepresent your affiliation with any person or entity;
- not to violate any applicable law or regulation; and
- not to encourage or enable any other individual to do any of the foregoing.
- You agree to indemnify us from and against any liability arising from any breach of clause 8.2.
- We will have the right to investigate and prosecute violations of any of clause 8.2to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
- You acknowledge that we have no obligation to monitor your access to or use of the Site or Site Content or to review or edit or take down any Site Content, but may still do so without reference to you for the purpose of operating the Site to ensure that all Site Content complies with clause 8.2above and 9.1below, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- We reserve the right, at any time and without prior notice, to remove or disable access to any Site Content that we, at our sole discretion, consider to be inappropriate or objectionable for any reason, in violation of these Terms or otherwise harmful to the Site. You agree that you will notify us as soon as reasonably possible if you see or identify any Site Content that we may consider to be inappropriate, objectionable or harmful.
We expect all Summaries uploaded to the Site:
- to contain the facts of a manuscript, academic article or paper ("Manuscript");
- to be your original work and authorship;
- not to be a copy of the Manuscript;
- not to infringe copyright in the Manuscript; and
- not to plagiarise any content. We consider plagiarism to include directly copying and pasting text from the Manuscript and passing this off as your own. However, we do not consider plagiarism to include posting a link to the original Manuscript. By contributing Summaries to the Site, you confirm that the Summaries have not been plagiarised.
- If we become aware of any breach or potential breach of clause 9.1, we reserve the right (but shall have no obligation) to at any time, without prior notice and at our sole discretion, remove any Summaries or part thereof and/or terminate the Account of any individuals responsible for uploading such Summaries.
- We expect all Summaries uploaded to the Site:
Intellectual Property Rights
- Except as expressly provided in these Terms, all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, (“IP Rights”) in the Site and Site Content shall be owned by One MM and/or our licensors, for the full duration of such rights.
- Subject to your compliance with these Terms, One MM grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view and (unless shown as not permitted) download and print, the Site Content in each case solely for your personal purposes.
- By uploading or contributing Site Content to the Site, you hereby assign to One MM all copyright and IP Rights in the Site Content. In return, One MM grants you a worldwide, irrevocable, non-exclusive, perpetual, royalty-free licence to make use of and exploit such Site Content solely for your personal purposes. You acknowledge that you will not claim any ownership rights in such Site Content and nothing in these Terms will be deemed to transfer ownership in such Site Content back to you.
- You acknowledge and agree that you are solely responsible for all Site Content that you upload or contribute to the Site. Accordingly, you represent and warrant that: (i) you either are the only author of all Site Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to One MM full ownership of such Site Content, as contemplated under 10.1above; and (ii) neither the Site Content or your posting, uploading, linking, publication, submission or transmittal of the Site Content or One MM's use of the Site Content (or any portion thereof) will infringe, misappropriate or violate a third party’s copyright, trademark, trade secret, moral rights, rights of confidentiality, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation nor will it be defamatory.
- Should a third party claim that any Site Content made available through the Site constitutes a violation of their IP Rights or right to privacy One MM shall be entitled to disclose your identity to that third party with a view to determining the nature of the third party's claim.
- Except for your use of the Site and the Site Content in accordance with these Terms you are granted no other licenses of any IP Rights in respect of the Site or the Site Content (whether by implication or otherwise).
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, communicate to the public, or otherwise exploit the Site or the Site Content except as expressly permitted in these Terms or otherwise without the express written permission of One MM.
Proprietary Rights Notices
- All trademarks, service marks, logos, trade names and any other proprietary designations of One MM used herein, including "One Minute Manuscript", are trademarks of One MM.
- We welcome and encourage you to provide us with comments and suggestions for improving the Site ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org.
- You acknowledge and agree that all Feedback will be the sole and exclusive property of One MM and you hereby irrevocably assign to One MM and agree to irrevocably assign to One MM all IP Rights in and to all Feedback. At One MM's request and expense, you will execute documents and take such further acts as One MM may reasonably request to assist One MM to acquire, perfect, and maintain its IP Rights and other legal protections in respect of the Feedback.
- You may link to the Site's home page, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to link to a page of the Site other than the home page then please email us at email@example.com.
- The Site may contain links to third-party websites or resources. You acknowledge and agree that One MM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to websites or resources do not imply any endorsement by One MM of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- We will make reasonable endeavors to ensure that the Site is generally available but make no representation or guarantees as to its availability.
- We reserve the right to withdraw access to all or any part of the Site for periods of time in order to modify or update any of the Site Content, for scheduled or unscheduled maintenance and for other purposes, without notice to you.
- If you breach any of these Terms, One MM will have the right to suspend or disable your Account (without any right to a refund) or terminate these Terms, at its sole discretion and without prior notice to you. If you print, copy or download any part of the Site and/or Site Content in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
- One MM reserves the right to revoke your access and use of the Site and/or Site Content at any time, with or without cause.
- You may cancel your Account at any time. Click here for more information on cancelling your account.
- The Comments and content posted on the Site reflect the views of their authors and do not reflect the opinion of One MM.
- Due to the nature of the Site, which allows anyone with an Account to add to, alter and amend the Site Content, the Site Content has not necessarily been reviewed by us or by individuals with the requisite expertise to provide you with complete, accurate and reliable information. While we place a great importance on the accuracy of Site Content and encourage peer review by other Account holders, we cannot guarantee the Site's accuracy or validity or the prompt identification or removal of any inappropriate or inaccurate information. If you find any information that is inaccurate or inappropriate then please sent us an email to firstname.lastname@example.org.
- Summaries and Comments uploaded and posted on the Site are not intended to amount to advice on which reliance should be placed; all users must access the full text of any Manuscript for this. As such, we will not be responsible or liable for any Summaries and Comments uploaded or posted on the Site.
- You are solely responsible for all of your communications and interactions with other users and Account holders of the Site and with other persons with whom you communicate or interact with as a result of your use of the Site. You understand that One MM does not screen or inquire into the background of Account holders or Casual Users of the Site, nor does One MM make any attempt to verify the statements of users of the Site. One MM makes no representation or warranties as to the conduct of Account holders or Casual Users of the Site or their compatibility with any current or future users of the Site. You agree to take reasonable precautions in all communications and interactions with other Account holders or Casual Users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site.
- While we use virus checkers to check the content of the Site and the Site Content we are unable to guarantee that the Site and Site Content will never be faulty, nor that it will work continuously, nor that it will be maintained in a fully operational condition nor virus and/or error free. However we will use reasonable endeavours to correct serious faults reported by you as soon as we reasonably can.
- You should always check before downloading any Site Content that such downloading will not jeopardise or adversely affect you or your systems. Any Site Content is downloaded by you at your own risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such Site Content.
- Without prejudice to any other limitations or exclusions of our liability in these Terms we shall have no liability whatsoever in respect of any failure on our part to repair a fault in the Site or Site Content or to provide continuous access to it.
- Without prejudice to any other limitations or exclusions of our liability in these Terms we shall have no liability whatsoever in respect of any inability on your part to obtain access to the Site or Site Content whether through any denial of service attack or otherwise.
- We provide the Site and make available Site Content to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.
- You agree to defend, indemnify, and hold One MM, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site or Site Content; or (ii) your violation of these Terms.
- Nothing in these Terms shall or shall be deemed to limit our liability to you for any personal injury or death caused by our negligence or for any fraud perpetrated by us.
Subject to paragraph 18.1, you acknowledge that in respect of your use and access of the Site and/or Site Content we shall not be liable to you in contract, tort (including negligence) or otherwise for:
- any damage or loss arising from the consequences of viruses received by you via the Site or Site Content or loss or corruption of data or of our failure to provide the Site or Site Content in accordance with these Terms;
- any economic losses (including loss of profits), any indirect or consequential losses, loss of data, goodwill or reputation, or for any wasted expense including but not limited to losses caused by viruses or malware.
- In no event will One MM's aggregate liability arising our of or in connection with these Terms or from the use of or inability to use the Site or Site Content exceed fifty pounds (£50). The limitations of damages set out in clause 18.2are fundamental elements of the basis of the bargain between One MM and you.
- In any event One MM will not be liable for any failure to perform its obligations under these Terms if it is prevented from doing so by an event beyond our reasonable control.
Jurisdiction and Applicable Law
- The laws of England shall apply exclusively to these Terms and to any dispute or claim arising out of or in connection with them or their subject matter or formation.
- Any cause of action arising under these Terms or from use of the Site or from the Site Content shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- These Terms constitute the entire and exclusive understanding and agreement between One MM and you regarding the Site and Site Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between One MM and you regarding the Site and Site Content.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
- Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
- If you have any concerns about any Site Content or difficulties accessing the Site, then please contact us via email at email@example.com.
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