'You' and 'Your' refers to you as a contributor to or user of Advance: a SAGE preprints community ('Advance').
'Us', 'We' and 'Our' refers to SAGE Publications, Inc. and its affiliates, including but not limited to SAGE Publications, Ltd. ('SAGE').
- We may modify this Agreement from time to time and such modification shall be effective upon posting on the Advance website. Your continued use of the Advance website after we post a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
- By posting your manuscript, comments, or any other material on the Advance website or by submitting any such material to be posted on the Advance website, you grant to us a royalty-free, non-exclusive, and irrevocable license to post and maintain your material on Advance. As used in this Agreement, "material" includes all content posted on Advance, including but not limited to text (including comments), images, photos, videos, hyperlinks and attachments (e.g., documents, files, etc.). A non-exclusive license means that you remain free to use your own copyrighted material in any way you wish. Because website information may theoretically exist online in perpetuity, this license is irrevocable. Prior to posting a preprint manuscript on Advance, authors will be required to select a Creative Commons license to govern third party rights of use of the manuscript.
- You agree to allow us to let other users use your material in the same way that we allow you to use the material of other contributors on Advance (i.e., as contemplated by Paragraphs 6 and 7 below). In addition, if not expressly permitted by the terms of the Creative Commons license selected by you for your material posted to Advance, you grant us the rights to:
- Use your material in marketing and promotional materials.
- Post your material on other SAGE websites.
- Allow the British Library to collect and store your material for perpetual archiving purposes which may be accessed by third parties on the premises of the British Library and/or via the worldwide web. Such British Library users shall also have the right to make full copies of your material for non-commercial purposes in all mediums.
- Advance and its content are protected by copyright, trademark, database rights and other intellectual property rights. You have no rights in connection with the Advance website or its content except as otherwise expressly provided herein (e.g., rights in your own intellectual property contemplated at Paragraphs 3 and 4 above and the rights to other intellectual property contemplated in Paragraphs 6 and 7 below).
- You may read our material or the material owned by other contributors and download and print extracts from the Advance website for use pursuant to the terms herein, or as otherwise permitted by the Creative Commons license associated with the posted material, or as otherwise permitted by applicable law (e.g., under fair use or fair dealing copyright exceptions), provided the original material and its authors are properly credited.
- You may not use, copy or adapt our Advance content for commercial or profit-making purposes without our prior written permission except in the case of content submitted by you or where commercial use is expressly permitted by the terms of the Creative Commons license associated with the posted material. Subject to the terms of Paragraph 6, you may not use material owned by other contributors without their respective prior written permission(s). We cannot grant you permission under this Paragraph to use such material that we do not own.
- Your warranties and responsibilities to SAGE and the Advance website:
- You warrant that the material you post or submit for posting to the Advance website will not violate any existing copyright or other intellectual property right of any party, including but not limited to design rights, patents and trademarks. If you are using any work where the copyright is not owned by you and fair use or fair dealing copyright exceptions do not apply, you must get written permission from the copyright owner. If you are unsure whether a particular work is subject to a copyright exception, then obtain written permission or do not use it. Even if material is widely used by others, do not assume it is in the public domain. Make sure that you have the right to use material from a Creative Commons license by tracing back the material to the original copyright holder. Others may erroneously 'license' work that is not theirs on a Creative Commons (or similar) template. If you use the material of others in a fair use/fair dealing context, you must be sure to acknowledge the correct source and copyright holder.
- You warrant that your material will not violate any other third party rights, including but not limited to the rights of confidentiality, privacy rights, publicity rights, proprietary rights and trade secrets.
- You warrant that your material will not contain any defamatory, untrue or inaccurate statements.
- You warrant that you will refrain from posting material or acting in any manner that could be deemed harassing, stalking, offensive, pornographic, obscene, profane, harmful to minors, or that could incite or promote any violence or racism against any group or individual, or which encourages any unlawful act or omission.
- You warrant that you will refrain from making personal attacks on individuals, companies, organizations, or institutions.
- You warrant that you will not submit or link to any files containing any virus, Trojan horse or corrupted data that might destroy, damage or render inaccessible any files or data on any computer. You additionally warrant not to engage in any conduct with respect to the Advance website or its users that involves the transmission of junk mail, chain letters, spamming, pyramid schemes, or other fraudulent schemes.
- You warrant that you will not use Advance as a forwarding service for any other party's website.
- You warrant that you will not use Advance to advertise goods or services or make any direct sales, even if on behalf of a charity or non-profit organization. You are permitted to mention products that may be relevant to a discussion thread or topic but you agree to do this in an appropriate manner. SAGE reserves the right to remove content that goes beyond what we in our sole discretion consider to be appropriate and may require that you immediately cease such promotional activity.
- You warrant that you will not impersonate any other person, whether a public figure, private individual, or any person connected with Advance or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to Advance without proper authorization.
- You agree that you are responsible for maintaining the confidentiality of your username and password. You agree to not use the account, username, or password of another party, or disclose your own password to any third party at any time.
- You agree not to tamper with or circumvent the functions or security features of this website, including but not limited to hacking or attempted hacking, disabling servers or disrupting in any way the hosting and capacity of Advance.
- You agree not to use any oversize fonts or Java scripts. Please only use the facilities provided by Advance for content creation.
- You agree not to use Advance in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack), or that otherwise negatively affects other persons' ability to use Advance.
- You agree not to monitor or copy Advance or the content contained within it by any manual or automated means including but not limited to agents, robots scripts, crawlers, or spiders.
- You agree not to use Advance in a way that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through Advance or to users.
- You agree not to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the infrastructure for Advance.
- You warrant that you will not participate in any activities or use Advance in any manner that violates this Agreement or any applicable laws, rules or regulations.
- You warrant that your material will not link to any websites that contravene subparagraphs (a) to (q) above.
- You agree to indemnify, defend, and hold harmless SAGE, its affiliates, and their respective directors, employees and agents from and against any claims in respect of a breach by you or an alleged breach of any of the above conditions.
- Please notify us immediately in the event you become aware of any material that breaches any section of Paragraph 8 above at Advance by emailing us at email@example.com.
- Users should be aware that any material posted on the Advance website comes from a wide variety of sources (which may include third party websites) and our hosting of content should not be taken as an endorsement of the views represented in any content or as a representation of our own view or position. SAGE, its affiliates, and their respective directors, employees and agents do not assume responsibility or accept liability for any of the comments posted. Please be aware that SAGE is not responsible for the privacy practices, or content, of third party websites. SAGE encourages its users to be aware when they leave the Advance website and to read the privacy statements of these third party websites. You should evaluate the security and trustworthiness of any other website connected to the Advance website or accessed through this website yourself, before disclosing any personal information to them. SAGE, its affiliates, and their respective directors, employees and agents will not accept any responsibility for any loss or damage in whatever manner, resulting from your disclosure to third parties of personal information. If you do create a link to a third party website, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of such third party website by linking to it.
- Comments posted to Advance are not moderated prior to being published on the website. Please email us at firstname.lastname@example.org immediately if you have a complaint against any comments or any other posted material.
- We have the right to remove, delete, reject, or refuse to post any material from the website at any time, with or without prior notice or explanation, for any or no reason, including content we believe could be unlawful or infringe the right of others in any way. We make no representations, warranties, or guarantees of any kind that any material published on the website will remain available for any period of time. If your own content is important to you, please save it independently. We expressly reserve the right to deny, restrict, or terminate your access to the Advance website if we determine, in our sole discretion, that you have violated this Agreement, or pose a threat to the website or its users.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication by you or any other user. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Advance website or combination thereof, including any injury or damage to computer equipment related to or resulting from participation or downloading materials in connection with the Advance website.
- The Advance website is provided "AS-IS" and we make no representations or warranties, express or implied (including but not limited to any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose). Furthermore, SAGE does not warrant that the functions of the Advance website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that makes the Advance website available are free of viruses or other harmful components. All such representations and warranties are excluded to the fullest extent allowed by law.
- We do not exclude or limit our liability for any liability that cannot be excluded by law.
- Subject to Paragraph 16, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE Advance WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Any delay or forbearance on our part of enforcing these terms should not be deemed to be a waiver of the term, neither will it prejudice our rights.
- If any of these terms are held to be unenforceable or invalid, the unenforceable or invalid provision will not affect the remainder of these terms, which will continue in full force and effect.
- You agree that SAGE, its affiliates and their respective designees may contact you in connection with this Agreement.
- Your use of the website shall also be subject to Figshare's Terms of Service at https://figshare.com/terms which are incorporated herein by this reference. In the event of a conflict between a term of this Agreement and a term of Figshare's Terms of Service, the specific term of this Agreement will govern.
- This Agreement shall be construed, interpreted, governed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws provisions, and the laws of the United States as interpreted by the U.S. federal courts of the Ninth Circuit.
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Ventura County, California and administered by the American Arbitration Association in accordance with its then-existing Commercial Arbitration Rules. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Each party consents to, and waives any right to object to, jurisdiction with respect to the resolution of disputes hereunder in Ventura County, California. In any legal action or other proceedings (including arbitration proceedings) between the parties, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred in such action or proceeding, including, without limitation, reasonable attorneys' fees and costs. Notwithstanding the foregoing, the parties specifically reserve the right to seek provisional remedies or injunctive relief or other equitable remedy in a court of competent jurisdiction without waiving any right to arbitration.
- This Agreement sets forth the entire agreement and supersedes all prior agreements, whether written or oral, between you and SAGE with respect to your use of the Advance website. SAGE reserves the right to make changes to this Agreement periodically as further described in Paragraph 2 above. No modification or addition to any of these terms that you may propose will be binding on us unless made in writing and signed by our duly authorized representative.
- SAGE requires users to respect our copyrights. We likewise respect the intellectual property of others. On notice, SAGE will act promptly to remove content on the website which infringes the copyright rights of others and will disable the access to the website by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that the website contains elements that infringe your copyrights, please email us at email@example.com.
- All rights not expressly granted herein are reserved by SAGE.
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