Definitions

1. The following definitions apply:

“Authorized User” shall mean an individual who is authorized by an Institutional Subscriber to access that Institutional Subscriber’s information services available through that Institutional Subscriber’s Secure Network and who is:

(i) affiliated with that Institutional Subscriber as a current student, faculty, library patron, employee or in some other capacity whereby they are permitted to access such services in that Institutional Subscriber’s ordinary course of business, whether from a computer terminal or computer on or within that Institutional Subscriber’s Secure Network, or offsite via a link, whether through a modem link, or a mobile communication or computing device, or otherwise, to a valid IP address on or within that Institutional Subscriber’s Secure Network; or

(ii) physically present on the premises of that Institutional Subscriber.

“Commercial Purpose” shall mean use for the purposes of monetary reward (whether by or for you or any other person or entity) by means of sale, resale, loan, transfer, hire or other form of exploitation of the contents the Website. For the avoidance of doubt, “exploitation” includes the dissemination of any of the Material for any purpose intended to promote the efficacy, character(s) or other quality(ies) of any manufactured product, but does not include dissemination of or promotion of the fact that Material with a bearing on the efficacy, character(s) or other quality(ies) of any manufactured product has been published in the Licensed Work and/or is available on the Website;

“ICR Publishers”, “we” and “us” shall mean ICR Publishers Limited.

“Individual” shall mean a physical person and not a legal person and “Individual Subscriber” shall be construed accordingly.

“Institution” shall mean any company, corporation, academic institution, partnership, trade association, professional association, charitable organisation, other organisation or group of individuals consisting of two or more persons incorporated, registered, formed or otherwise established in any country in the world, and “Institutional Subscriber” shall be construed accordingly.

“Intellectual Property” and “Intellectual Property Rights” shall be construed in accordance with paragraphs 17-19 of these Terms and Conditions;

“Online Registration Materials” shall mean the registration information required to be provided by you in order to register as an individual subscriber or “Institutional Subscriber”, including the making of payment;

“Licensed Work” shall mean the online version of The Journal of Heart Valve Disease, and “Material” shall mean any abstract, article, index, advertising or other material contained in The Journal of Heart Valve Disease and accessed online;

“Passwords” shall mean any password created for you in order to access the restricted portions of the Website;

“Registered User” shall be construed in accordance with paragraph 16 of these Terms and Conditions.

“Restricted Material” shall mean Material which may only be accessed by the use of a username and password, or registered IP range, obtained or registered following payment of a subscription to the Licensed Work for online access, or which includes online access.

“Secure Network” shall mean a network (whether a standalone network, or a virtual network within the Internet, or a collection of standalone computers and mobile communication and/or computing devices identified by IP range) which is only accessible to Authorized Users. A cache server or any server or network which can be accessed by persons other than Authorized Users is not a Secure Network.

“Server” shall mean our server or a third party server designated by us on which the Licensed Work is mounted and through which you may gain access to the Licensed Work online;

“Site” shall mean the geographical site(s) in respect of which an institutional subscriber has purchased an online subscription, or a subscription which includes online access, from which Authorized Users can access the Licensed Work or any part of the Material onsite from a computer or terminal on that institutional subscriber’s Secure Network located at the site and/or via which an Authorized User can access the Licensed Work or any part of the Material offsite via a link, whether by modem link, a mobile communication or computing device, or otherwise, to a valid IP address on that institutional subscriber’s Secure Network located at that site.

“Subscription Period” shall mean the period commencing on the date on which the Online Registration Materials are completed and shall continue (subject to earlier termination in accordance with the terms of these Terms and Conditions) for so long as you have a current subscription to the Licensed Work for online access, or which includes online access.

“the Website” shall mean this website, or any other website through which ICR Publishers may provide online access to the Licensed Work and the Material from time to time.

“you” means, where you are an individual, the person using the Website and/or completing the Online Registration Materials and/or registering as a Registered User, and where you are an Institution, the Institution itself or a person acting on the Institution’s behalf, as the context requires.

Access to the Website

2. Access to the Website, other than restricted content (including but not limited to the Restricted Material), is provided on an “open source” basis. However, by using the Website you agree to be bound by these Terms and Conditions, and in particular by the limitations on the permitted use and prohibitions on abuse of the Website and/or the Material contained in these Terms and Conditions.

Usernames and Passwords

3. If you have registered on the Website and have been provided with a username and password, you agree not to make available your username and/or password to anyone. If you are an Institution you agree not to make available any username and/or password which has been or may be provided to you. If there has been a disclosure of your username and/or password, or any username and/or password provided to you, you agree to notify us promptly of such disclosure so that ICR Publishers can take appropriate security measures and to provide you with a new username(s) and password(s).

Subscribers 

4. Subject to any different terms agreed by ICR Publishers and you in writing, the terms of licence to access restricted content on the Website accepted by a subscriber (which may be you as an individual or an institution to which you are affiliated) are as follows:

Individual Subscribers

5. Grant of Licence, Usage Rights and Limitations on Use

5.1 ICR Publishers grants you a non-exclusive and non-transferrable licence to access the Licensed Work throughout the Subscription Period solely for the purposes of research, continuing professional development, teaching and private study. For the avoidance of doubt you may not access the Licensed Work or use the Material, or any part thereof, for any Commercial Purpose.

5.2 Throughout the Subscription Period you may:

5.2.1 access the Server in order to search the Licensed Work and to view, retrieve, and display portions thereof;

5.2.2 electronically save portions of the Licensed Work; and

5.2.3 print out single copies of portions of the Licensed Work.

5.3 These rights may only be exercised by means of a workstation, personal computer or other electronic device with access to the Internet which is being used by you. These rights are personal to you and may not be exercised by any other person. You may not:

5.3.1 remove or alter any copyright notice or other means of identification or disclaimer as they appear in the Material or on the Website;

5.3.2 systematically make printed or electronic copies of multiple portions (including the entirety) of the Material for any purpose;

5.3.3 display or distribute any part of the Material on any electronic network, including without limitation the Internet, the World Wide Web, any intranet or other network, or any web site the purpose or partial purpose of which is file sharing;

5.3.4 permit anyone to access or use the Licensed Work.

6. Your Responsibilities

6.1 You agree to provide all information relating to your identity to us required by the Online Registration Materials. You agree that initial access to the Restricted Material is conditional upon you completing the Online Registration Materials and making full payment of the cost of your subscription. You agree that continued access to the Restricted Material is conditional upon you maintaining a current subscription to the Licensed Work for online access, or which includes online access, and making full payment for any renewal charges as they fall due. You agree to amend the information supplied in the Online Registration Materials promptly following any additions, deletions or other alterations to the information supplied. In particular, you are solely responsible for ensuring that any and all contact information provided to us by you remains current and valid.

6.2 You are solely responsible for obtaining, at your own cost, all equipment, devices and software, together with any and all relevant software licenses necessary to access the Licensed Work online.

6.3 You are responsible for the confidentiality and all use or abuse of your username and/or password. You agree to notify us as soon as practicable if you become aware of any of the following:

(i) any loss or theft of your username and/or password;

(ii) any unauthorized use of your username and/or password.

7. Our Responsibilities

7.1 We will use all reasonable efforts:

(i) to make the Material available by means of the Internet to you throughout the Subscription Period;

(ii) to ensure that the Server has sufficient capacity and rate of connectivity to provide you with a quality of service consistent with current standards in the provision of information by means of transmission over the Internet during the Subscription Period;

(iii) to restore access to the  Material as soon as possible in the event of an interruption of suspension of the service.

8. By subscribing as an Individual Subscriber you warrant that you are a physical person and are subscribing solely in your own capacity and for your own benefit.

Institutional Subscribers 

9. Grant of Licence, Usage Rights, and Limitations on Use

9.1 In respect of each Site, ICR Publishers grants you a non-exclusive and non-transferrable licence to access the Licensed Work throughout the Subscription Period solely for the purposes of research, continuing professional development, teaching and private study. For the avoidance of doubt you may not access the Licensed Work or use the Material, or any part thereof, for any Commercial Purpose.

9.2. Throughout the Subscription Period Authorized Users may:

9.2.1. access the Server by means of a Secure Network in order to search the Licensed Work and to view, retrieve, and display portions thereof;

9.2.2. electronically save portions of the Licensed Work;

9.2.3. print out single copies of portions of the Licensed Work;

9.2.4. provide print or electronic copies of such part of the Licensed Work as may be required by national or international regulatory authorities for the purposes of or in anticipation of regulatory approval and/or trademark or patent applications or other regulatory purposes in respect of your products or services.

9.3. You and your Authorized Users may not:

9.3.1 remove or alter any copyright notice or other means of identification or disclaimer as they appear in the Material or on the Website;

9.3.2 systematically make printed or electronic copies of multiple portions (including the entirety) of the Material for any purpose;

9.3.3 display or distribute any part of the Material on any electronic network, including without limitation the Internet, the World Wide Web, any intranet or other network, or any web site the purpose or partial purpose of which is file sharing, other than your Secure Network(s);

9.3.4 permit anyone other than an Authorized User to access or use the Licensed Work.

10. Where you are an academic library or a library which is part of a non-commercial organisation, then notwithstanding any restriction in paragraph 9.3 above, ICR Publishers grants you  the non-exclusive right to supply (whether by post, fax or secure electronic transmission by means whereby the electronic file is deleted after printing) to an Authorized User of another academic library in the same country as you, or library which is part of a non-commercial organisation in the same country as you, for the purposes of research or private study (and, for the avoidance of doubt, not for any Commercial Purpose), a single paper copy of an electronic original of an individual article within the Restricted Material. You may not supply more than five articles within the Restricted Material to any one library in any one calendar year,  and agree to forward such requests to ICR Publishers as soon as reasonably practicable. We may request reports in respect of your use of any Restricted Material in such inter-library loans, provided the confidentiality of user data shall be maintained.
11. If you are located in the United States of America, you agree to fulfil such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, “Limitations on exclusive rights: reproduction by libraries and archives”) and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) from time to time, the text of which is available as part of the US Copyright Office Circular 21.
12. Your Responsibilities

12.1 You agree to provide all information relating to your identity to us required by the Online Registration Materials. You agree that initial access to the Restricted Material is conditional upon you completing the Online Registration Materials and making full payment of the cost of your subscription. You agree that continued access to the Restricted Material is conditional upon you maintaining a current subscription to the Licensed Work for online access, or which includes online access, and making full payment for any renewal charges as they fall due. You agree to amend the information supplied in the Online Registration Materials promptly following any additions, deletions or other alterations to the information supplied. In particular, you are solely responsible for ensuring that any and all contact information provided to us by you remains current and valid. You further agree to provide any and all additional Online Registration Material as may be requested from you by ICR Publishers from time to time.

12.2 You are solely responsible for obtaining, at your own cost, all equipment, devices and software, together with any and all relevant software licenses necessary to access the Licensed Work online via your Secure Network.

12.3 You are responsible for ensuring that only Authorized Users are permitted to access the Licensed Work or any part thereof by means of your Secure Network. You agree to notify us as soon as practicable if you become aware of any of the following:

(i) any unauthorized access to your Secure Network, or any part thereof, which may have enabled any third party to gain unauthorized access to the Licensed Work or any part of the Material;

(ii) any loss, theft or other obtaining of your username and/or password, if issued, by anyone other than an Authorized User;

(ii) any unauthorized use of your username and/or password, if issued.

13. By subscribing for an Institutional Subscription you warrant that you are not an Institution the ordinary course of business, function or purpose, or partial course of business, function or purpose of which is to disseminate information or electronic or paper documents, whether for reward, commercial gain or otherwise, other than an academic institution recognised and/or registered as such in each country in which you operate.
14. By completing the Online Registration Materials on behalf of an Institution for an Institutional Subscription you warrant that you are duly authorized to enter into a binding agreement on behalf of that Institution.
15. Our Responsibilities

15.1 We will use all reasonable efforts:

(i) to make the Material available by means of the Internet to you throughout the Subscription Period;

(ii) to ensure that the Server has sufficient capacity and rate of connectivity to provide you with a quality of service consistent with current standards in the provision of information by means of transmission over the Internet during the Subscription Period;

(iii) to restore access to the  Material as soon as possible in the event of an interruption of suspension of the service.

Registered Users

16. If you sign up to receive newsletters or subscribe to any web feed maintained by us you may only use the material sent to you for non-commercial use. You may not:

16.1. remove or alter the copyright notices or other means of identification or disclaimers as they appear in the material sent to you;

16.2. systematically make printed or electronic copies of multiple extracts of the material sent to you for any purpose;

16.3. display or distribute any part of the material sent to you on any electronic network, including without limitation the Internet and the World Wide Web, save that you may share any part of the material sent to you with individuals or Institutions with which you are already affiliated;

16.4. permit anyone to access or use the material sent to you; and/or

16.5. use all or any part of the material for any commercial use.

Intellectual Property Rights

17. We are the owners of all Intellectual Property Rights in the Website, the Licensed Work, and, save where expressly stated to the contrary, the Material. The Website, the Licensed Work and the Materials on the Website are protected by intellectual property laws around the world including copyright and trade mark laws. Subject to the provisions of these Terms and Conditions and any other licence agreements between you and ICR Publishers, all such rights are reserved and no material subject to Intellectual Property Rights may otherwise be copied, modified, published, broadcast or otherwise distributed without our prior written permission. For the avoidance of doubt the names “The Journal of Heart Valve Disease”, “ICR Publishers” or “ICR Publishers Limited” also constitute Intellectual Property, and their use by you shall be governed by this paragraph.
18. Notwithstanding the foregoing and solely where applicable, copyright in each illustration that appears on the Website is owned by the rights holder(s) named for that illustration. For the avoidance of doubt copyright in each illustration where no rights holder(s) is/are named belongs to ICR Publishers. All rights are reserved. No illustration from the Website may be copied, modified, published or broadcast or otherwise distributed without the written permission of ICR Publishers and, where appropriate, the rights holder(s) named for the illustration.
19. By granting you/your Authorized Users access to the Website, and to the Restricted Material in accordance with these Terms and Conditions under either an Individual Subscription or an Institutional Subscription, we do not convey any right, title or interest in the Website, the Licensed Work or any part of the Material except for the right to use the Licensed Work in accordance with these Terms and Conditions.
20. You are required to notify us promptly of the following:

(i) the facts and circumstances surrounding any unauthorized access to or use of the Licensed Work or any part of the Material;

(ii) the facts and circumstances surrounding unauthorized access to or use of the Intellectual Property;

(iii) any claim by any third party that the Licensed Work, the Material, or any part thereof infringes an intellectual property or proprietary right of any third party.

Disclaimer

21. ICR Publishers makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the Website, in the Licensed Work or in the Material for any purpose. All such information is provided "as is" and with a specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement, save to the extent ordinarily implicit in the fact of publication in a peer-reviewed scientific journal. ICR Publishers makes no warranties or representations of any kind that the services provided by this Website will be uninterrupted, error-free or that the Website or the server that hosts the Website are free from viruses or other forms of harmful computer code.
22. You are solely responsible for your choice in selecting this Website product.
23. In no event shall ICR Publishers, its employees or agents be liable for any direct, indirect or consequential damages, loss of opportunity, loss of data, loss of goodwill, loss of anticipated savings or loss of profits resulting from the use of the Website, the Licensed Work or the Material, even if we have been advised of such loss.
24. Without prejudice to the foregoing paragraph, ICR Publisher's liability arising out of or in connection with your use of the Website, the Licensed Work and/or the Material, whether in contract, tort, misrepresentation, under statute or otherwise will not exceed the price you paid for your subscription to access this Website.
25. Neither party's liability for personal injury or death caused by negligence or for fraud is excluded or limited.
26. You agree to hold ICR Publishers harmless and shall indemnify us against all claims, suits, losses, liabilities, and damages (including costs, expenses and reasonable legal fees) arising from:

(i) any unauthorized use or dissemination of the Licensed Work or any part of the Material by you or, if you are an Institution, any one or more of your Authorized Users; and

(ii) any violation of these Terms and Conditions or of any third party’s rights by you or, if you are an Institution, any one or more of your Authorized Users, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of privacy rights.

26. The exclusion and limitation set out in these Terms and Conditions only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement which you may have with ICR Publishers in respect of the use of any online service provided via the Website.

Links

27. Links to other websites are provided by ICR Publishers in good faith and, save where the link is provided for the purpose of making payment for subscriptions or submitting manuscripts, for information only. ICR Publishers disclaims any responsibility for the materials contained in any website linked to the Website. In addition, a link to a non-ICR Publishers website does not mean that we endorse or accept any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.

Service Access

28. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
29. You/your Authorized Users are prohibited from posting or transmitting to or from the Website any material which is or may objectively be considered to be:

(i) threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(ii) material for which you have not obtained all necessary licences and/or approvals;

(iii) material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(iv) technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

30. You/your Authorized Users may not misuse the Website (including, without limitation, by hacking).

Global Nature of Websites

32. You recognise the global nature of the Website and thus agree to comply with all applicable local laws in your jurisdiction when using the Website. If you are an Institution, you recognise the global nature of the Website and thus agree that you are responsible for ensuring that your Authorized Users comply with all applicable local laws in any jurisdiction in which they are located when accessing the Website.

General

33. These Terms and Conditions are specific to the Website and override any other terms and conditions and/or legal notices appearing elsewhere in any publication, whether online or in print, by ICR Publishers Limited. By using the Website, you are agreeing to the practices set out in these Terms and Conditions.
34. Certain parts of the Website may be accessed without registering, subscribing or providing ICR Publishers with your details. By using the Website in such circumstances you nevertheless agree to be bound by these Terms and Conditions.
35. As the information on the Website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors, ICR Publishers Limited reserves the right to update the Website at our sole discretion. Thus, such information may be changed or updated without notice.
36. We reserve the right to make changes to these Terms and Conditions. Any changes we may make to these Terms and Conditions will be posted on this page and, where appropriate, we may also notify you by e-mail. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
37. No rights granted by these Terms and Conditions may be assigned or sublicensed. No provision in these Terms and Conditions shall be enforceable by any person other than ICR Publishers and you. For the avoidance of doubt, no provision in these Terms and Conditions shall be directly enforceable by any Authorized User of an Institutional Subscriber.

Governing Law

38. You agree that this legal notice shall be construed and governed exclusively in accordance with the laws of England and Wales.

Jurisdiction

39. The courts of England and Wales shall have sole jurisdiction to determine any dispute arising from these Terms and Conditions, our Privacy Policy or which is in any other way related to your use of the Website. Notwithstanding the foregoing, nothing in this legal notice will preclude ICR Publishers from applying to any court to bring an action for the infringement of its intellectual property rights.

Queries

40. If you have any concerns about material which appears on the Website, please contact enquiries@icr-heart.com.

 

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