Terms of Use
ATYPON SYSTEMS, LLC TERMS OF USE
The following Terms of Use govern use by all Users of Atypon Systems LLC’s and its affiliates and subsidiaries (“Atypon”) services, products and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Use, as updated from time to time in accordance with Section 12 below. There may be instances when we offer additional terms specific to a product, application or service, which are incorporated by reference into these Terms of Use. To the extent such additional terms conflict with these Terms of Use, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean Atypon
1. Using The Services
To use certain Services, you must register for an account (“Account”) as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by accessing your profile page.
Further, in the use of certain Services, you may provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms and forums information, content or other material (“Your Content”). You are solely responsible for Your Content.
You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire.
Some Services may allow you to:
- Provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms and forums, Your Content. Remember that all information that is disclosed in blog, message board, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content;
- Use the Services as modified with Your Content; and/or
- Arrange for third parties to have access to Your Content subject to these Terms of Use.
In using the Services, you shall not:
- Access the Services by any means other than instructions provided by Atypon;
- Use the Services for any illegal or unauthorized purpose;
- Disrupt, damage, disable, alter, tamper, delete or interfere with the Services or the data contained therein;
- Share with any third party any access codes or Account information, including without limitation your username and password that you may create or Atypon may provide in connection with the Services;
- Attempt to gain unauthorized access to the Services or its related systems or networks;
- Reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit the Services or Atypon Content for any commercial purpose without the express written consent of Atypon;
- Access the Services in order to: (1) build a competitive product or service, or (2) copy any ideas, features, functions, or graphics of the Services;
- Text and data mine except as permitted by Atypon. Atypon reserves all rights to make reproductions and extractions for text and data mining; or
- Provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms or forums, or facilitate any of the foregoing, any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
- Constitutes the selling or trading of any merchandise;
- Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
- Contains software viruses, worms, time bombs, Trojan horses or any other harmful or malicious code, files, scripts, agents, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or
- Impersonates any person or entity.
We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
You are responsible for all activity that occurs under your Account and you are solely responsible for maintaining the confidentiality of your access codes and Account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information. You acknowledge that use of the Services is for your personal use only.
2. Ownership
All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein (except for Your Content), and data concerning your use of the Services (“Atypon Content”) are and will remain the sole and exclusive property of Atypon and/or its licensors. No title to or ownership of any portion of the Services, the Atypon Content or any other products or services manufactured, sold and/or distributed or otherwise made available by Atypon, or any proprietary rights related to those products or services, is or will be transferred pursuant to or by virtue of these Terms of Use. There is no implied license granted under these Terms of Use.
By providing, posting, uploading, inputting or submitting (“Providing”) Your Content to the Services, you agree that Atypon may use Your Content in connection with your use of the Services as well as for analytics and to improve or enhance the Services and Atypon’s business.
By Providing Your Content, you warrant and represent that your Content does not contain any unlawful statements, infringe upon the rights of others, breach any confidentiality obligation, violate a contract, or contain any material or instructions that might cause harm or injury, and that you own or otherwise control all of the rights to Your Content, including, without limitation, all the rights necessary for granting the permission specified above.
3. Feedback
You may from time to time provide Atypon with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that Atypon shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
4. Third-Party Links & Ads; Other Users
A. Third-Party Links & Ads. Our websites may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Atypon, and Atypon is not responsible for any Third-Party Links & Ads. Atypon provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
B. Other Users. Your interactions with other users through our Services are solely between you and such users. You agree that Atypon will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
5. Term And Termination
These Terms of Use remain in full force and effect while you use our Services. We reserve the right, in our sole discretion, to suspend or terminate your Account and/or access to all or part of the Services, with or without notice. You understand that any termination of your Account may involve deletion of Your Content associated with your Account from our live databases. Atypon will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of Your Content.
Upon termination, all rights granted to you in these Terms of Use will immediately cease.
Any provision of these Terms of Use that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Use will survive.
6. Indemnification
A. To the extent permitted by applicable law, you will defend, indemnify and hold harmless Atypon, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “Atypon Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Atypon Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party; (ii) in connection with your violation of these Terms of Use; or (iii) your violation of applicable laws or regulations.
B. In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) sole control over the defense and settlement of such claim; and (iii) proper and full information and assistance to settle or defend any such claim.
7. Disclaimer
The Services and all materials contained therein are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. The use of the Services and all materials contained therein is at your own risk. Access to this website and the Services may be interrupted and may not be error free. Neither Atypon nor anyone else involved in creating the Services or the material contained therein will be liable to you for any direct indirect, incidental, special, consequential or punitive damages arising out of your use of or inability to use the Services and all materials contained therein, even if Atypon has been advised of the possibility of such damages. The terms of this Section 7 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
8. Corrections
The Services may contain errors or inaccuracies and may not be complete or current. Atypon, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
9. Injunctive Relief
You agree that any breach of your obligations with respect to Atypon’s proprietary or intellectual property rights will result in irreparable injury to Atypon for which money damages are inadequate, and you therefore agree that Atypon shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
10. DMCA and Content Protection
DMCA Notification Policy
Atypon respects the intellectual property rights of others, and is compliant with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you believe your copyright-protected work was posted on a Atypon site without authorization, you should submit a DMCA Notice to Atypon’s Designated Agent at [email protected] with the following elements:
- Your full name, mailing address, telephone number, and email address;
- A description of the copyrighted work that is claimed to be infringed;
- A description of where the allegedly infringing material is located on the Atypon site (i.e. a specific URL link or links);
- A statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
- A signed (either physical or electronic) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Atypon that copyrighted material has been posted on a Atypon site without authorization.
Service Provider’s Address:
Atypon Systems, LLC
5201 Great America Parkway
Suite 510
Santa Clara, CA 95054
Phone: 2017486446
Email: [email protected]
Designated DMCA Agent:
Designated Agent
John Wiley & Sons, Inc.
111 River Street
Hoboken, NJ 07030
Phone: 2017486446
Email: [email protected]
Reporting Piracy and Brand Abuse of Atypon Content
To report incidents of online piracy of Atypon content or brand abuse (misuse of Atypon logos or wordmarks) in any format, please contact [email protected]. When contacting [email protected], please include links to all infringing content or postings you have observed. Our Content Protection team will investigate the information you submit and may send takedown notices or take legal action to protect its authors, brands and copyrighted content. Thank you for reporting suspected infringements. Due to the volume of e-mails, we may not always be able to send an individual reply to your message. You may come across infringing links that you have reported even after you have notified us. This may occur because the link does not actually lead to an infringement (i.e. in case of scam or phishing sites) or due to non-compliance with takedown notices on the side of the infringing platform.
Thank you for your collaboration and understanding.
11. Privacy Policy & Consents
Atypon’s Privacy Policy is located here. Atypon will process and store profile information that you provide to Atypon in accordance with this policy. Atypon may also send you service announcements, administrative messages and other information in connection with your use of the Services. You may opt out of particular communications.
12. Additonal Terms
We make no representation that the Services are appropriate or available for use in your location and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Use represent the entire agreement between us and supersede any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Use. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that by using the Services, you agree that you have full power, authority and capability to enter, and are entering, into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Use and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules. The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:
UNITED STATES (and all other countries not expressly stated herein)
- Applicable Law—State of New York
- Agreed Jurisdiction—New York, NY
UNITED KINGDOM & EMEA (excluding Germany)
- Applicable Law—England and Wales
- Agreed Jurisdiction—England and Wales
CANADA
- Applicable Law—Ontario
- Agreed Jurisdiction—Province of Ontario
GERMANY
- Applicable Law—Federal Republic of Germany
- Agreed Jurisdiction—Weinheim
AUSTRALIA
- Applicable Law—State of Victoria
- Agreed Jurisdiction—Melbourne
SINGAPORE
- Applicable Law—Singapore
- Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.
ALL ASIA PACIFIC (excluding Australia and Singapore)
- Applicable Law—Singapore
- Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.
13. Legal Notice For New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Use shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.