THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DEEPDYVE INC. ("DEEPDYVE") STATING THE TERMS THAT GOVERN YOUR USE OF THE DEEPDYVE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF DEEPDYVE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND DEEPDYVE. BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SERVICE, YOU OR THE ENTITY THAT YOU REPRESENT ("You") AGREE TO BE BOUND BY THIS AGREEMENT. DEEPDYVE MAY REFUSE ACCESS TO THE DEEPDYVE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
DeepDyve, Inc. (“DeepDyve”) operates the website with a homepage at www.deepdyve.com and all features, content, and application services (including content indexing, searching, display, and use of widgets) offered from time to time thereon (collectively “Service”).
By using the Service, You represent and warrant that:
(a) You have the legal capacity and authority to agree to this Agreement; and if you are an entity rather than an individual, the individual using the service has the authority to bind the entity;
(b) your use of the Service does not violate any applicable law or regulation.
You can find the specific details regarding your membership with DeepDyve at anytime by visiting our website and clicking on the “Hi “Your Name”” in the upper-right corner.
You are permitted use the site for research and analysis, and to display the Content for your personal, non-commercial research or educational purposes, including illustration, explanation, example, comment, criticism, teaching, provided that in doing so you do not violate an express provision of this Agreement.
If you purchase a PDF download you may print the article. All reproduction and distribution of such printouts shall be for your own personal and non-commercial use as allowed under the doctrines of "fair use" and "fair dealing". Entitlement to make copies, forward, share, or use for promotional materials in any medium is not provided by DeepDyve or its licensors. Any saving or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
Downloading of all or parts of the Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of a Product is strictly prohibited whether such collection is in electronic or print form.
If you sign up for a Freelancer plan, you will be required to input a valid email address and password. After that you will be allowed to search and “view only” unlimited articles for a five (5) minute time period. You will not be allowed to view the same article within the twenty-four hour period.
If you choose to purchase a Freelancer bundled pack of five rentals or upgrade to a Monthly Membership Plan you will be required to provide your payment information. If you purchase a Monthly Membership you will be subject to the billing terms as described in 4.4 of these terms and conditions.
Your DeepDyve membership may start with a free trial. The free trial period of your membership lasts for 14 Days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid credit card or debit card, or other accepted payment method ("Payment Method") to use our service.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, visit our website, log in and click your account at the top of the page and go to Account Settings. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "ACCOUNT SETTINGS" UNDER YOUR ACCOUNT AT THE TOP OF ANY DEEPDYVE WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below)
By starting your DeepDyve membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the DeepDyve service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Hi "your Name"" to see the next payment date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the DeepDyve website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Your DeepDyve membership, which may start with a free trial portion, will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
The member who created the DeepDyve account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the DeepDyve account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DeepDyve Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
You may cancel your DeepDyve membership at anyh time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website, log in and click "Hi "Your Name"" and on the "Account Settings" follow the instructions for cancellation under the heading "Cancel Plan."
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, DeepDyve hereby grants you permission to use the Service only as set forth in this Agreement, and provided that:
(a) You will not copy, download, print or distribute any part of the Rental Service in any medium without DeepDyve's prior written authorization;
(b) You will not alter or modify any part of the Service other than as expressly authorized and then only for such express purpose;
(c) You will not reverse engineer any part of the Service, provided that restrictions on reverse engineering do not apply to the extent prohibited by law;
(d) You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Service, the proper operation of the Service, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Service or the Content therein, or interfere with any activity being conducted on the Service;
(e) You will not link to the Service without DeepDyve's prior written consent;
(f) You will not post content or items in an inappropriate category or areas on the Site;
(g) You will not violate any laws, third party rights, or our policies;
(h) You understand that DeepDyve may, in its sole discretion, discontinue the posting, indexing or searching of any Content in the Service at any time;
(i) You will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm DeepDyve, or the interests or property of DeepDyve users;
(j) You will not harvest or otherwise collect information about Content or users, including email addresses, without their consent.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in any manner. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. DeepDyve reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in DeepDyve's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
The content on the Service, except any and all User Submissions, including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content" and the trademarks, service marks and logos contained therein ("Marks" are owned by or licensed to DeepDyve, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DeepDyve reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, third party User 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 right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while you use the Service, until the time that you register to rent, or subscribe to the rental service at which time the End user Agreement will be in force and supersede the Terms of Service. DeepDyve may terminate your access to any or all of the Service or your membership at any time, for any reason, and without warning and DeepDyve reserves the right to discontinue any aspect of the Service at any time.
If You are a copyright owner or an agent thereof and believe that anything on the Service infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA" by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DeepDyve's designated Copyright Agent to receive notifications of claimed infringement is: Joan Cummings (). You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You hereby agree that You shall not assert any claim against DeepDyve or its officers or directors with respect to such content unless and until: (1) You have fully completed the process set forth above; and (2) DeepDyve has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so.
It is DeepDyve's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.
DeepDyve has no special relationship with or fiduciary duty to you. You acknowledge that DeepDyve has no control over, and no duty to take any action regarding: which users gain access to the Service; what content You access via the Service and its affiliated 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 DeepDyve from all liability for you having acquired or not acquired content through the Service. The Service may contain, or direct you to sites containing information that some people may find offensive or inappropriate. DeepDyve makes no representations concerning any content contained in or accessed through the Service, and DeepDyve will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. TO THE FULLEST EXTENT PERMITTED BY LAW, DeepDyve, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER DeepDyve NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DeepDyve DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DeepDyve WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE SERVICE IS CONTROLLED AND OFFERED BY DeepDyve IN THE UNITED STATES OF AMERICA. DeepDyve MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless DeepDyve, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service, including Content, and any User Submissions that You post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
IN NO EVENT SHALL DeepDyve, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DeepDyve IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, DeepDyve'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DeepDyve FOR DeepDyve SERVICES IN CONNECTION WITH THE SERVICE DURING THE TERM THAT YOUR ACCOUNT IS ACTIVATED.
YOU SPECIFICALLY ACKNOWLEDGE THAT DeepDyve SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without DeepDyve's prior written consent. DeepDyve may freely transfer, assign, or delegate this Agreement and any of its rights or obligations hereunder.
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 DeepDyve in any respect whatsoever. If there is any dispute about or involving the Service, You agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law’s provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS" then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive 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. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DeepDyve's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND DeepDyve AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.