Open Access Academy (“OAA”) is a nonprofit initiative for the very best in science and science communication. In furtherance of our mission, OAA operates websites, including the websites at www.oaacademy.org, www.test.oaacademy.org and other OAA websites (the “OAA Sites”). We offer use of the OAA content free of charge to the public through the OAA Sites. Access to and use of the OAA Sites is provided by OAA subject to the following Terms and Conditions, which are a contract between OAA and you. Use of the OAA Sites constitutes your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions in full, you do not have permission to access and use the OAA Sites and should cease doing so immediately.
The OAA Sites, the software (“OAA Software”), application programming interfaces (“OAA APIs”), content and trademarks used on or in connection with the OAA Sites are owned by OAA or its licensors, and are subject to US and international intellectual property rights and laws. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any trademark, copyright or patent of OAA or any other third party and all rights are reserved, except as explicitly stated in these Terms and Conditions.
Unless otherwise indicated, the articles and content published by OAA on the OAA Sites are licensed under a Creative Commons Attribution license (also known as a CC-BY license). This means that you are free to use, reproduce and distribute the articles and related content (unless otherwise noted), for commercial and noncommercial purposes, subject to citation of the original source in accordance with the CC-BY license.
You agree to use the OAA Sites only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use of the OAA Sites by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website. As a condition to your use of the OAA Sites, you agree not to:
OAA reserves the right to limit, suspend, or terminate your access and use of the OAA Sites at any time without notice. OAA reserves the right to investigate and prosecute violations of any of these Terms and Conditions to the fullest extent of the law. OAA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that OAA has no obligation to pre-screen or monitor your access to or use of the OAA Sites, but has the right to do so. You hereby agree that OAA may, in the exercise of OAA sole discretion, remove or delete any entries, information, materials or other content that violates these Terms and Conditions or that is otherwise objectionable.
The OAA Sites, including, without limitation, the OAA Software, the OAA APIs and the content on the OAA Sites (e.g., the articles, information, data, names, images, pictures, logos and icons), whether belonging to OAA or a third party, are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to ANY implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy. Nothing contained on the OAA Sites is intended to be medical or health advice and OAA strongly recommends that you independently verify any medical or health advice or treatment information on which you chose to rely. OAA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS and FUNDERS (COLLECTIVELY, the “OAA PARTIES”), its software vendors, developers or other consultants working on the OAA Sites do not warrant that the OAA Sites, the OAA Software, the OAA APIs, and the content on the OAA Sites will be uninterrupted or error free, that defects will be corrected, or that the OAA Sites or the server that makes THEM available are free of viruses or bugs or represents the full functionality, accuracy, AND reliability of the materials.
To the fullest extent permitted by law, in no event will the OAA Parties, the software vendors, developers or other consultants working on the OAA Sites be liable for any losses, damages, liabilities, costs or claims including, without limitation, direct, indirect, punative or consequential damages, and loss of use, data or profits, arising out of or in connection with the use of the OAA Sites, the OAA Software, the OAA APIs, or any content on the OAA Sites or linked sources, whether in action of contract, negligence or otherwise. In no event shall the liability of the OAA Parties, the software vendors, developers, or other consultants exceed the amount paid by you to OAA hereunder in the proceeding twelve months (other than any indemnity payment). IN ALL CASES, THE OAA PARTIES, THE SOFTWARE VENDORS, DEVELOPERS OR OTHER CONSULTANTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.
You are solely responsible for your actions in connection with the OAA Sites and any internet costs incurred in accessing the sites. You agree to indemnify and hold harmless, and at OAA option defend, the OAA Parties, the software vendors, developers, consultants or other persons working on the OAA Sites from and against any liability, damage, loss, cost or expenses (including reasonable attorneys’ fees) in connection with your use of the OAA Sites, including, without limitation, the OAA Software, the OAA APIs, and content on the OAA Sites, and for the results of any action you may take based on the material contained herein, and from any consequences of the following:
In the course of using the OAA Sites, you may provide OAA with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the OAA Sites (collectively “Feedback”) as well as comments on content (“Comments”). You hereby grant OAA a worldwide, irrevocable, perpetual, royalty-free, transferable, and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback and Comments. All such Feedback and Comments shall comply with these Terms and Conditions generally and in particular the restrictions in Impermissible Uses above.
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 firstname.lastname@example.org.
The OAA Sites may provide links to other websites or resources. Because OAA has no control over such sites and resources, you acknowledge and agree that OAA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any materials on or available from such sites or resources. Your business dealings with any such external sites or resources, including payment and delivery of related goods or services, and any warranties, conditions or other terms associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the OAA Parties 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 use of or reliance on any content, goods, or services available on or through any such site or resource.
OAA reserves the right to modify or discontinue, temporarily or permanently, any of the OAA Sites (or any part thereof) with or without notice at any time. OAA reserves the right to change these Terms and Conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of the OAA Sites after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
Certain parts of the OAA Sites may be subject to registration and additional terms and conditions which will be made available for you to read at the time of registration, for example, if you register to use certain features or submit articles. Those terms and conditions are incorporated herein. If there is any conflict between these Terms and Conditions and/or specific terms and conditions appearing elsewhere on the OAA Sites relating to specific material then the latter shall prevail. When registering, you may be required to select a password. You are solely responsible for maintaining the confidentiality of your password, and any activity taken under your password. You are required to notify OAA immediately of any known or suspected unauthorized use of your account or password and take reasonable steps to stop such use.
Any forbearance or indulgence by OAA in enforcing any provision in these Terms and Conditions shall not affect OAA right of enforcement and any waiver of any breach shall not operate as a waiver of any subsequent or continuing breach. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of New York. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the OAA Sites relating to specific material then the latter shall prevail.
These Terms and conditions are based on eLife and made available under a CC-SA license.