1.1 Description of the Services. PeerJ is an online, open access, academic publisher. Any user may access the Website (as defined below) and the content provided therein.
PeerJ has two publications: a journal called PeerJ ("The Journal") and a preprint server called PeerJ PrePrints ("The PrePrint Server").
(i) Publications in The Journal: Each Publishing Plan confers upon an author the right to publish a certain amount of Articles per 12 month period in The Journal. By time of publication of a given Article, ALL authors on the Article need to have a Publishing Plan in order to publish that Article. Additionally, EACH author must be within their annual publication limit (which is dependant upon their Publishing Plan level and their prior publication history) in order to publish said Article or they must take on a higher Publishing plan. For Articles with more than twelve authors, only twelve authors need to a Publishing Plan.
(ii) Publications in The PrePrint Server: Each Publishing Plan level confers the right to publish a certain amount of ‘public' preprints in The PrePrint Server. Unlike The Journal, only the submitting author need have a Publishing Plan in order to publish in The PrePrint Server.
B. Peer Points. We may elect to award credits to users on the Website termed "Peer Points" for meeting specific criteria or accomplishing certain tasks. These Peer Points may be used on the Website for specific benefits, as expressly identified by PeerJ, such as upgrades and/or discounts. Peer Points are non-transferable, hold no monetary value, may be debited or credited at our discretion, or may be discontinued after a reasonable notice period has been given.
1.2 Access to the Services. The PeerJ.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by PeerJ in connection therewith (collectively, the "Website") are owned and operated by PeerJ, unless otherwise indicated. You acknowledge and agree that the Website, and any necessary software used in connection with the Website, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights, and the like. The copyright in the material contained on the Website not belonging to authors or users as set for below belongs to PeerJ or its licensors. Subject to the terms and conditions of this Agreement, PeerJ may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the "Services"). The term "Services" includes, without limitation, use of the Website, any service PeerJ performs for you, and the Content (as defined below) offered by PeerJ on the Website. PeerJ may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or Content. PeerJ may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. PeerJ reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
PeerJ does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to PeerJ or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to PeerJ that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2.1 Use of Website, Services, and Content. The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," and which includes Articles (as defined below) and User Contributions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services. All Articles and accompanying materials and research published by PeerJ on the Website, unless otherwise indicated, are licensed by the respective authors of such articles for use and distribution by you subject to citation of the original source in accordance with the CCAL. All peer reviews and user comments, unless otherwise indicated, are also licensed by their respective authors for use and distribution by you subject to citation of the original source in accordance with the CCAL. With the exception of Content that is marked with the CCAL, which may be used in accordance with that license, you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software or Services in whole or in part, except in accordance with this Agreement and the CCAL.
You may download or copy the Content (and other items displayed on the Website or Services for download), provided that you maintain all copyright and other notices contained in such Content. If you link to the Website, PeerJ may revoke your right to so link at any time, at PeerJ's sole discretion. PeerJ reserves the right to require prior written consent before linking to the Website.
2.2 User-Generated Content. In the course of using the Services, you and other users may provide information, including but not limited to peer reviews, comments, and feedback (and excluding Articles) (collectively, "User Contributions"), which may be used by PeerJ in connection with the Services and which may be visible to certain other users. All User Contributions submitted by you are licensed by you for the use and distribution by others, including PeerJ and other users of the Service, subject to citation of the original source in accordance with the CCAL.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that PeerJ will not be liable for any errors or omissions in any content. You understand that PeerJ cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, PeerJ cannot guarantee the authenticity of any data, which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will PeerJ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of PeerJ; (v) restricts or inhibits any other user from using and enjoying the Services or Content; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. PeerJ reserves the right to remove any Content from the Services at any time, 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 PeerJ is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not PeerJ, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to PeerJ and to grant PeerJ the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. If you use any software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website, you must abide by all copyright laws, licenses (including the CCAL), the terms of this Agreement and all other legal requirements and obligations. In addition, we reserve the right to limit access to users if we find that our servers are unable to handle the load that the user is placing upon them. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
PeerJ has no special relationship with or fiduciary duty to you. You acknowledge that PeerJ has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; 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 PeerJ from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. PeerJ makes no representations concerning any content contained in or accessed through the Services, and PeerJ will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. PeerJ makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from PeerJ or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As a condition to using all or some aspects of the Services, you may be required to register with PeerJ and select a password and a custom profile URL user name ("PeerJ User ID"). You shall provide PeerJ with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a PeerJ User ID a name of another person with the intent to impersonate that person; or (ii) use as a PeerJ User ID a name subject to any rights of a person other than you without appropriate authorization. PeerJ reserves the right to refuse registration of or cancel a PeerJ User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold PeerJ, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL PEERJ OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE 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; OR (IV) FOR ANY MATTER BEYOND PEERJ'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.
9.1 Paid Services; Publishing Plans. Certain of our Services may be subject to payments now or in the future ("Paid Services"). If you choose to enroll in our Publishing plan program, you will be charged a one-time lifetime publishing fee ("Publishing Plan Fee"). Publishing Plan Fees are non-refundable. If you fail to take certain actions required by your Publishing Plan, your Publishing Plan may terminate and expire. To sign up for a Publishing Plan after your Publishing Plan has terminated, you must pay the prevailing Basic Publishing Plan Fee in order to be reactivated at your previous plan's level. Other Paid Services may be available to you. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
9.2 Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Publishing Plan on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
9.3 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
9.5 Refunds. You may cancel your Publishing Plan at any time. You may be eligible to receive a refund at any time prior to publication of your first Article. After publication of your first Article, no refunds will be granted for Publishing Plan Fees paid. PeerJ reserves the right to refuse refunds for any reason.
9.6 Free Services. Though many of our Services are currently free, PeerJ reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. PeerJ 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 Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. PeerJ offers a fee waiver for publication, on request, to anyone from countries which are classified by the World Bank as Low-income economies. The full list can be found at: Worldbank. The fee waiver applies to the particular publication in question, and is not a waiver for a Publishing Plan. We only allow one waiver per person, per year.
Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. Persons accessing this information assume full responsibility for the use of the information. PeerJ is not responsible or liable for any claim, loss, or damage arising from the use of the information.
The Services may allow you to disclose, transmit, store or display confidential patient information ("Patient Information"). Federal and state laws, as well as ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit the ability of physicians, and other health care providers, and persons acting on their behalf, to make use of certain Patient Information and/or to transmit certain information to third parties. You represent and warrant that you will, at all times during the use of our Services, comply with all laws directly or indirectly applicable to you that may now, or in the future, govern the use, transmission, storage and disclosure of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the use of our Services and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other necessary consents or permissions required or advisable to disclose, transmit, store or display Patient Information. You agree to hold harmless and indemnify PeerJ for any use or display of any Patient Information provided by you to PeerJ. We reserve the right to amend or delete any Content that in our discretion violates the above.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. PeerJ may terminate or suspend your access to the Services or your Publishing Plan at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your Publishing Plan. PeerJ may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
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. PeerJ shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PeerJ's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with PeerJ's prior written consent. PeerJ may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind PeerJ in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined 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 Streamlined Arbitration Rules and Procedures of JAMS. 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 States Federal Courts located in the Northern District of California.
PeerJ is committed to making content freely available, while ensuring all research and work is properly attributed. As soon as it becomes eligible, PeerJ is a member of the Committee on Publication Ethics ("COPE") and currently follows COPE procedures in investigating cases of suspected cases of plagiarism regarding Articles published by PeerJ. Please refer to publicationethics.org for more information.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify email@example.com.
In addition to COPE procedures for investigating claims of plagiarism regarding Articles published by PeerJ, PeerJ has adopted the following general policy toward Content and User Contributions aside from Articles with respect to copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of PeerJ's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is PeerJ'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.
A. 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:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. 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 PeerJ is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. 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
6. 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.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is PeerJ's policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that PeerJ will terminate such content provider's or user's access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider 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 or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider or user;
2. 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;
3. A statement that the content provider 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
4. Content provider'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 Federal Court for the judicial district in which the content provider's or user's address is located, or, if the content provider's or user's address is located outside the United States, for any judicial district in which PeerJ 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, PeerJ may send a copy of the counter-notice to the original complaining party informing that person that PeerJ 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 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 PeerJ's discretion.
Please contact PeerJ's Designated Agent to Receive Notification of Claimed Infringement at the following address:Peter Binfield
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org
Effective: 12 June, 2012
Last modified: 15 October, 2013 ('Membership' was replaced with 'Publishing Plan')