PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING SCHOLARSITE.
We are ScholarSite Ltd (CRN: 12853640).
If you have any questions about these Terms, please contact us using our contact form.
By using ScholarSite (or ScholarSite’s applications, when hosted on a Third Party Website), you accept these Terms. If you do not agree to these Terms, you must not use ScholarSite or ScholarSite’s applications.
In using ScholarSite we may process your personal data, more information about this can be found here.
Where you are using ScholarSite to upload content (a “Content Creator”), you confirm that where you are not a consumer, you have authority to bind the business on behalf of which you are accepting these Terms. In that context, references to “you” or “your” will be to that business. Otherwise it will refer to you, the individual entering into these Terms. If you are using ScholarSite to learn and engage with Content Creators, then we refer to you as a “Content Consumer” in these Terms.
1. ACCOUNT CREATION AND SECURITY
1.1 A ScholarSite account. When you register for an account on ScholarSite you must ensure that all information you provide to us is accurate and kept up to date. On registration we grant to Content Creators the personal, non-transferable right and licence to use ScholarSite to host, create, disseminate and monetize their content, until terminated as set out in these Terms. We grant Content Consumers a personal, non-transferable right and licence to use ScholarSite to access (but not distribute to third parties) the content uploaded by Content Creators and us, until terminated as set out in these Terms. If you are a Content Consumer, then you acknowledge that some of the content on ScholarSite needs to be purchased directly from the Content Creators before you can access it.
1.2 You must keep your account details safe. Any piece of information as part of our security procedures including your username and password must be treated as confidential. We have the right to disable any user identification code or password at any time. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by using our contact form.
1.3 These terms are binding. By using ScholarSite you acknowledge that these Terms will apply and you confirm you have legal capacity to enter into contracts in the country you live in. You also confirm that when acting as a Content Creator on behalf of a business you have authority to bind them to these terms. If this is not the case, you should not use ScholarSite.
2. CONTENT CONSUMERS
2.1 “ScholarSite” refers to scholarsite.io and any associated applications (whether hosted on scholarsite.io or a Third Party Website), a hub for educational, research based content. When you use ScholarSite, you’ll see content created by us (“ScholarSite Content”) as well as content created by our other users (“User Content”).
2.2 “Third Party Website” refers to any website that hosts a ScholarSite application or software under a License Agreement with ScholarSite. From time to time, Content Creators may host ScholarSite applications on their Third Party Website, through which Your Content and User Content may pass. By using ScholarSite applications through a Third Party Website, you accept these Terms, and the terms and conditions of the Third Party Website.
2.3 Content Consumer Fees. Whilst ScholarSite is made available free of charge for Content Consumers, there are some features and materials which are only accessible via a paid subscription directly with the Content Creator. We will make such payment terms clear on ScholarSite. When you purchase this content, the contract is formed between you and the Content Creators directly, not between you and ScholarSite. If you are unhappy with the content you’ve purchased, please raise this initially with the Content Creator. If the Content Creator doesn’t resolve your query to your satisfaction, then you can contact us using our contact form and we’ll investigate what’s happened.
2.4 ScholarSite contains links to other sites, User Content and resources provided by third parties. These are provided for your information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them.
2.5 Please also keep in mind that Content Creators may decide to close their account with us at any time. If they do, we will continue to make any content you have purchased from them available to you for a period of 6 months after they have closed their account with us.
3. CONTENT CREATORS
3.1 What is ScholarSite? “ScholarSite” refers to scholarsite.io and any associated applications (whether hosted on scholarsite.io or a Third Party Website), a hub for educational, research based content. You can bring your research, teaching materials, conference materials, datasets and other media (“Your Content”) into one place, and connect with other academics across the world. Our mission is to change the way the world accesses academic content, and you are a key part of making that happen.
3.2 Content Creator Fees. Content Creators may use ScholarSite on a monthly or annual subscription period, at a cost made clear to the Content Creator at the point of signing up to ScholarSite. If you are a Content Creator, you will be liable to pay for all taxes and duties imposed by the relevant authorities, prices listed are exclusive of these.
3.3 Content Creator Earnings. ScholarSite enables you to monetize Your Content. You can set the pricing for different types of Your Content. We charge a platform fee which is deducted from your earnings on ScholarSite.
3.4 Resolving issues raised by Content Consumers. If a Content Consumer contacts you raising an issue or complaint about Your Content, then you agree to resolve their complaint as best you can, and in a way which does not damage ScholarSite’s reputation or relationship with the Content Consumer. If the Content Consumer contacts us with a complaint in connection with the content they have purchased from you, we may investigate the issue and ask you to take action, such as partially or fully refunding the Content Consumer. If we ask you to take this action and you refuse, then we reserve the right to issue the refund on your behalf to the Content Consumer, and recover the amount refunded from you, including by withholding future payments due to you.
3.5 Your Content. When you upload Your Content to ScholarSite or a Third Party Website hosting ScholarSite’s applications, you promise that either you or your licensors own all intellectual property rights in Your Content. By submitting Your Content you confirm that you have all rights and permissions to submit it for use on ScholarSite, and you grant us a worldwide, non-exclusive, royalty-free licence to make Your Content available on ScholarSite (including in accordance with any payment terms you have chosen to setup) for so long as Your Content remains on ScholarSite. In addition, you warrant that any of Your Content you upload does not infringe the intellectual property rights of any third parties. If we become aware that you do not have the right to upload Your Content to ScholarSite or a Third Party Website hosting ScholarSite’s applications (such as because we are contacted by a journal informing us you were not entitled to post content from that journal on ScholarSite), we reserve the right to remove such content without notice.
3.6 Data you transmit through ScholarSite. All documents, messages, logos, images, files and other information you transmit through ScholarSite including those you use to create your profile, will remain yours and you shall retain all rights, titles and interest in those. You do however provide us with a worldwide, royalty-free, non-exclusive, transferable and sublicensable right to use your data as set out in paragraph 3.5, and to improve ScholarSite (such as by anonymising your data to create statistics about how Content Creators use ScholarSite).
3.7 Data you transmit through ScholarSite’s applications when hosted on a Third Party Website. When you upload Your Content to ScholarSite applications hosted on a Third Party Website, you grant both ScholarSite and the Content Creator affiliated with the Third Party Website a worldwide, non-exclusive, royalty-free licence to make Your Content available on ScholarSite and the Third Party Website (including in accordance with any payment terms you have chosen to setup) for so long as Your Content remains on ScholarSite or the Third Party Website.
3.7.1 All documents, messages, logos, images, files and other information you transmit through ScholarSite’s applications, when hosted on a Third Party Website, including those you use to create your profile, will remain yours and you shall retain all rights, titles and interest in those. You do however provide both ScholarSite and the Content Creator affiliated with the Third Party Website with a worldwide, royalty-free, non-exclusive, transferable and sublicensable right to use your data as set out in paragraph 3.5, and to improve ScholarSite or the Third Party Website (such as by anonymising your data to create statistics about how Content Creators use ScholarSite, its applications or the Third Party Website).
3.8 Your Content:
3.8.1 must be the following: (i) accurate (where it states facts); (ii) be genuinely held (where it states opinions); and (iii) comply with applicable laws; and
3.8.2 must not be the following: (i) defamatory of anyone or could bully, insult, intimidate, discriminate or humiliate someone; (ii) unlawful; (iii) promote sexually explicit material; (iv) promote violence; (v) infringe any copyright, database right or trade mark; (vi) likely to deceive; (vii) give the impression that it originates from us or another person for which you do not have authority from; (viii) contain any advertising or promotion for another company and / or site; and (ix) knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
3.9 Termination of your subscription term. Your subscription will start on the date you sign up as a user of ScholarSite and agree to these Terms. Your access to ScholarSite will continue until the earlier of you cancelling your subscription; or we terminate your right to access ScholarSite where you commit a material breach of these Terms including non-payment.
3.10 Consequences of terminations. If you cancel your access to ScholarSite, then we will not take any further payments from you (other than in accordance with paragraph 3.4 to resolve a complaint from Content Consumers). You will retain access to ScholarSite for the duration of time you have already paid for, and we will terminate your account at the end of that period.
3.11 Where you wish to terminate your subscription. You can do this via ScholarSite or by contacting us using our contact form.
3.12 Deletion of data. Upon termination of your subscription, we will keep your data available for a period of 6 months so that Content Consumers who have purchased access to such content can continue to use it, after which we will delete your data. All rights under this Agreement, which by nature should survive termination, will, including Indemnity, Liability, Governing Law, Notices and Intellectual Property.
4. INTELLECTUAL PROPERTY
4.1 ScholarSite. We are the owner or the licensee of all intellectual property rights in ScholarSite (but not your User Content) including any modifications and improvements, whether made by us or suggested by you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We provide you with a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable limited term licence for internal use only to use ScholarSite in accordance with these Terms. Such a right to use ScholarSite and any ScholarSite Content and User Content on ScholarSite will expire at the point you close your account or when we terminate the Agreement, whichever is sooner.
4.2 ScholarSite and User Content: We are the owner or the licensee of all intellectual property rights in all of the ScholarSite Content on ScholarSite. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may download ScholarSite Content from ScholarSite for your personal use and you may draw the attention of others within your organisation to ScholarSite Content posted on ScholarSite. You must not modify any ScholarSite Content you download. You remain the owner of all intellectual property rights in your User Content and nothing in these terms transfers any ownership rights in your User Content to us.
5. AVAILABILITY OF SCHOLARSITE AND OUR RIGHTS
5.1 Performance of ScholarSite. During your use of ScholarSite, we will take steps to ensure that ScholarSite functions as described at the point you signed up. Although we use technology to prevent malware and viruses we do not guarantee that ScholarSite will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and ScholarSite to access ScholarSite.
5.2 What happens when ScholarSite stops working as described. In the event you report to us a substantial error with ScholarSite, we will seek to correct this within a reasonable amount of time – where legally permitted, this will be your sole remedy.
5.3 We may suspend or withdraw ScholarSite. We do not guarantee that ScholarSite, or any of Your Content, the ScholarSite Content or the User Content will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of ScholarSite for business and operational reasons.
5.4 What action we may take in the event of a breach. When we reasonably believe that a breach of these Terms has taken place, we may take the action we think appropriate including:
5.4.1 immediate, temporary or permanent withdrawal of your right to use ScholarSite;
5.4.2 immediate, temporary or permanent removal of any of Your Content uploaded by you to ScholarSite;
5.4.3 legal action against you; and/or
5.4.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
5.5 You must maintain a secure internet connection. Where you lose access to ScholarSite and any of Your Content due to a disruption in your telecommunications or internet services, we will in no way be liable for any losses suffered.
5.6 Do not reverse engineer any of the ScholarSite. You will not reverse engineer or otherwise attempt to derive or obtain information about the functioning, manufacture or operation of ScholarSite. Nor will you attempt to modify, translate, or create derivative works based on ScholarSite; or copy (save for archival purposes), rent, lease, distribute, pledge, assign or otherwise transfer or encumber rights to ScholarSite.
5.7 Resale of ScholarSite. You acknowledge you may not transfer, sell, distribute, lease, sublease, assign or licence ScholarSite to any third parties.
5.8 You must not attempt to gain unauthorised access. Whether this is to ScholarSite, the server on which ScholarSite is stored or any server, computer or database connected to ScholarSite.You must not attack ScholarSite via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you are likely to be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use ScholarSite will cease immediately.
6.1 We do not limit any losses that we are not allowed to limit: We do not exclude or limit in any way our liability to you where it would be unlawful to do so including death or personal injury caused by our negligence.
6.2 What we do limit: We exclude all implied conditions, warranties, representations or other terms that may apply to ScholarSite or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, ScholarSite; or use of or reliance on any content displayed on ScholarSite.
In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or an indirect or consequential loss or damage.
Subject to the foregoing, our total liability to you is limited to 500 USD.
6.3 No content guarantees. We make no guarantee as to the quality of the content on ScholarSite and its suitability for your individual purposes, and will not be liable in the event you do not undertake your own prior due diligence.
7.1 Where do we issue notices to you? We will issue all notices to you via ScholarSite save for any that will materially impact your rights or your use of ScholarSite which we will email to you, via the email you use to subscribe to ScholarSite.
7.2 Complaints and legal disputes. Where you have any complaints, are subject to insolvency (or similar) proceedings or wish to issue legal proceedings against us, you should send notice of these to us using our contact form.
8. GOVERNING LAW
8.1 What laws apply to these Terms? These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
8.2 Changes to these Terms. As our service grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live.