Terms & Conditions

Last updated: March 14, 2017

Introduction; Consent to Terms

Please read these Terms of Use before using The Idealis (the Site), or any features of this site, including, but not limited to, content feeds, social networking features, and forums and discussions. By using The Idealis, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit The Idealis and do not use the Site or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use by posting updated Terms of Use on the Site. Please check these Terms of Use frequently for updates. Any modifications, additions or deletions to these Terms of Use shall be effective immediately upon posting. Your continued use of any of the Site following the posting of updated Terms of Use means that you agree to those changes.

Copyright

The content of the Site is made openly available under a CC-BY license, but the content aggregated by the Site may be subject to other licensing agreements. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of the author or publisher, except as provided in these terms and conditions.

Trademarks

The Idealis name and logo is a trademark of The Idealis. All rights in these marks are reserved by their respective owners. You may not use The Idealis mark or logo without the prior written consent of the founding editors of The Idealis.

User Materials

Users of The Idealis may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the Submit or Contact pages, or as comments upon posts. You acknowledge that User Materials may be routed through the servers of one or more third parties, and the Internet, and may be viewed by The Idealis staff and on the Site  by the general public. You acknowledge that The Idealis, including the Submit and Contact pages and other features of the Site, is for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for review. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

By submitting User Materials on or through the Site, you grant The Idealis a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, without payment and without further notice to you or request for consent. You further grant The Idealis the right to contact you in connection with your User Materials.

In addition, when you Submit any User Materials, you grant each user of The Idealis a non-exclusive, royalty-free, worldwide license to access your User Materials on or through The Site, to use your User Materials pursuant to these Terms of Use and the terms of use of our other Content Providers.

Links to The Idealis

The Idealis is committed to providing access to the best LIS/scholarly communication literature from across the Web.  We work to liberate formerly toll access or otherwise difficult to access research in all forms–articles, books, code, data sets, presentations, white papers, and more–with all the tools at our disposal. Although The Idealis encourages and permits links to content on the Site, the linking should not suggest that The Idealis promotes or endorses any third party’s causes, ideas, sites, products or services, or use The Idealis’ content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third-Party Sites, Applications, Platforms and Services

The Idealis contains links to sites, applications, platforms and services maintained by third parties over which The Idealis has no control. The Idealis does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. The Idealis 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 such content, products or services available on or through such sites, applications, platforms and services.

In some cases, The Idealis may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

The Idealis allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, or Disqus. Please be aware that third-party services are unrelated to The Idealis, and that your use of any third-party services is subject to the terms and policies of those services.

Content Feeds

The Idealis provides RSS feeds at http://theidealis.org/subjects/scholarly-communication/feed/atom/ and provides or may provide other content feeds on or through the Site, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using RSS or other XML-based syndication technology (collectively, the “Content Feeds”). You may display, excerpt from, and link to the Content Feeds on another site, blog, or similar application, provided that (a) the links redirect the user to The Idealis when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable The Idealis page, (c) the use or display does not suggest that The Idealis promotes or endorses any third-party causes, ideas, sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation site, blog or similar application, you must provide attribution to The Idealis or the relevant Content Provider adjacent to the Content Feed, by including “The Idealis Headlines” or “The Idealis” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of The Idealis’ trademarks or service marks, the names or marks of any Content Provider, or the Content Feeds requires the prior written permission of The Idealis. For permission requests, please e-mail legal@theidealis.org.

The Idealis may withdraw Content Feeds at any time. Upon the request of The Idealis, you shall promptly cease all use of, and remove from your site, blog or other applications or platforms, any Content Feeds identified by The Idealis.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through The Idealis, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through The Idealis that may be necessary for their use as contemplated by The Idealis and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by The Idealis and these Terms of Use, (d) the User Materials, and their use by The Idealis and users of The Idealis services (pursuant to these Terms of Use) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity, and (e) your use of The Idealis complies with these Terms of Use. You agree that you will indemnify and hold harmless The Idealis, its Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of The Idealis, (3) the User Materials you have Submitted on or through The Idealis, or (4) The Idealis’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Content Providers or users of The Idealis.

Disclaimer

THE IDEALIS AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE IDEALIS ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE IDEALIS DOES NOT WARRANT THAT THE IDEALIS WILL BE UNINTERRUPTED OR ERROR-FREE. THE IDEALIS DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IDEALIS OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE IDEALIS OR THROUGH LINKS ON THE IDEALIS. USE OF THE IDEALIS IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE IDEALIS IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE IDEALIS IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE IDEALIS.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE IDEALIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE IDEALIS, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE IDEALIS, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL THE IDEALIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change The Idealis

The founding editors reserve the right to change, terminate or suspend The Idealis, any features of The Idealis (including, but not limited to, Content Feeds), and any content or materials contained in The Idealis, in any way, at any time and for any reason or no reason. The founding editors also have the right to require you to cease accessing any features, content or materials of The Idealis.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

The Idealis respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on The Idealis, please provide the following information in writing to legal@theidealis.org (see 17 U.S.C. § 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. a description of the copyrighted work that you claim has been infringed.
  3. a description of the material that you claim 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 sufficient to permit us to locate the material.
  4. information so that we can contact you, such as address, telephone number and email address.
  5. 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.
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to The Idealis, that were subsequently removed from The Idealis, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to legal@theidealis.org:

  1. your physical or electronic signature.
  2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

International Users

The Idealis is controlled and operated within the United States. The Idealis makes no representation that content, materials or products available on or through The Idealis is appropriate or available for use outside of the United States. If you access The Idealis from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Attributions & Third-Party Notices

Certain third-party content made available through The Idealis may be subject to other terms.

Miscellaneous

These Terms of Use represent the entire understanding of the parties regarding the use of The Idealis and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of The Idealis. These Terms of Use are governed by and construed under New Mexico law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to The Idealis shall be litigated in the local or federal courts located in New Mexico, and you hereby consent to personal jurisdiction and venue in New Mexico. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about these Terms of Use, please contact The Idealis.