PrePrint Terms of Service
Last Modified: 30 July 2021
By registering for and/or using the PrePrint Site or the PrePrint Services in any manner, including but not limited to visiting or browsing, you agree to the PrePrint Terms of Service and all other operating rules, policies and procedures that we may publish from time to time, each of which is incorporated by reference and each of which we may update from time to time without notice to you. Be advised that your continued use of the PrePrint Site and the PrePrint Services constitutes your agreement to the PrePrint Terms of Service and any updates. If you are using the PrePrint Services on behalf of an organization, you agree to the PrePrint Terms of Service on behalf of that organization.
- Description. The PrePrint Site is an online, open access publication platform for articles and accompanying scholarly materials and research (collectively, “Articles”). Perpetual access is necessary to maintain the scholarly record, and after an article is published on the PrePrint Site, it is citable and therefore cannot be removed. Accordingly, Open Therapeutics keeps a permanent record of every submission and replacement or update. Copyright in Articles and any such other submissions and replacements or updates remains with the author(s).
- Visitor Access. Any visitor may access the PrePrint Site and the Articles and other content published or otherwise included or accessible on the PrePrint Site. 3. Article Submission. Articles may be submitted for publication on the PrePrint Site in draft or final form, provided that the content is unpublished at the time of submission, and all of its authors have consented to its submission for publication on the PrePrint Site.
- Consent to PrePrint Terms of Service. By using or visiting the PrePrint Site, you agree to the PrePrint Terms of Service. In order to submit an Article for publication, you must register for an Account as defined in section 2 of the Terms of Service. By submitting an Article, you: i) expressly consent to text mining of the Article (e.g., by search engines or researchers); and ii) certify that the work is available under the Creative Commons Attribution License (CC BY) (the "CCL").
- Discretion to Publish; Removal. Open Therapeutics shall determine in its sole discretion whether to publish any submitted Article, and reserves the right not to publish anything that does not meet its standards. Open Therapeutics further reserves the right to identify and remove any Articles that contain plagiarized material (see also section 20) or describe experimental work that is not performed in accordance with the relevant ethical standards for research using animals or human subjects.
- Condition of Articles. Visitors should be aware that Articles on the PrePrint Site have not been finalized by authors, may contain errors, and report information that may not be accepted or endorsed in any way by the scientific or medical community.
- Use of PrePrint Site and Content. The PrePrint Site and its contents may only be used in accordance with the PrePrint Terms of Service. All materials and content included, accessible, displayed or performed on the PrePrint Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes, without limitation, Articles and User Contributions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the PrePrint Services. All Articles published by Open Therapeutics on the PrePrint Site, unless otherwise indicated, are licensed by the respective authors for use and distribution by you subject to citation of the original source in accordance with the CCL. All peer reviews and user comments, unless otherwise indicated, are also licensed by their respective authors for use and distribution by you subject to citation of the original source in accordance with the CCL. With the exception of Content that is marked with the CCL, which may be used in accordance with that license, you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party 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 third party rights.
- Use of Services. The PrePrint Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software or PrePrint Services in whole or in part, except in accordance with the PrePrint Terms of Service and the CCL, as applicable.
- Use of Content. You may download or copy the Content (and other items displayed on the PrePrint Services for download), provided that you maintain all copyright and other notices contained in such Content. 10. Linking to PrePrint Site. A goal of the PrePrint Site is to facilitate publication and review of scientific articles. As such, you may link to any information on the PrePrint Site and its internal pages that does not require a login, on the condition that such links will not portray Open Therapeutics or its services in a false, misleading, derogatory or otherwise defamatory manner. However, you may not use frames or any other method to embed any PrePrint Site data in your website. If you link to the PrePrint Site, Open Therapeutics may revoke your right to so link at any time, at Open Therapeutics’ sole discretion.
- User Contributions. In utilizing the PrePrint Services, you and other users or visitors may provide information, including but not limited to peer reviews, comments, and feedback (collectively, excluding Articles, the "User Contributions"), which may be used by Open Therapeutics in connection with the PrePrint Services and which may be visible to certain other Users or visitors. All User Contributions submitted by you are licensed by you for the use and distribution by others, including without limitation, Open Therapeutics and other Users of and visitors to the PrePrint Services, subject to the provisions of the CCL, as applicable.
- User Responsibility for Information. You understand that all information publicly posted or privately transmitted through the PrePrint Services is the sole responsibility of the person from which such content originated and that Open Therapeutics will not be liable for any errors or omissions in any content. You understand that Open Therapeutics cannot guarantee the identity of any other Users or visitors with whom you may interact in the course of using the PrePrint Services. Additionally, Open Therapeutics cannot guarantee the authenticity of any data, which Users or visitors may provide about themselves. You acknowledge that all Content accessed by you using the PrePrint Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- External Sites and Resources. The PrePrint Services may provide links to other websites or external resources. As part of the PrePrint Terms of Service, you acknowledge that Open Therapeutics is in not responsible for the availability of such external sites or resources, and that Open Therapeutics is not liable for any content, services, advertising, or materials available from such external sites or resources.
- Limitation of Liability. In no event, unless required by applicable law shall Open Therapeutics, its employees, agents, suppliers, contractors or any other party, be liable to any User or visitor for any damages of any nature, including any general, special, incidental or consequential damages, loss, cost, claim or any expense of any kind arising out of the use, inability to access, or in connection with the use of the PrePrint Site, its content and information, including, but not limited to, any errors or omissions in any Content or User Contributions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Contributions posted, emailed, accessed, transmitted, or otherwise made available via the PrePrint Services, even if the User or visitor has been advised of the possibility of such damages.
- Disclaimer of Warranty. The PrePrint Services and all materials and Content on the PrePrint Site are provided "as is" and “as available.” Open Therapeutics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights with respect to the PrePrint Site, any Content or User Content included in or accessible on the PrePrint Site, or any site to which it is linked. No representations or warranties are given as to the accuracy or completeness of any information provided or accessible on the PrePrint Site, or any website to which it is linked.
- Indemnification. You agree to indemnify and hold Open Therapeutics, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the PrePrint Services, the violation of this Agreement, or infringement by you, or other user of the PrePrint Services using your computer, of any intellectual property or any other right of any person or entity.
- Personal Information. As part of your use of the PrePrint Services and any transaction through the AE Site, you may obtain personal information, including email address and other identifying information, from another Open Therapeutics User. Without obtaining prior permission from the other User, this personal information shall only be used for communication related to Open Therapeutics or the transaction through which you are connected to the other User. Open Therapeutics has not granted you a license to use the information for unsolicited messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any Open Therapeutics user to your email or physical mail list.
- Patient Information. The PrePrint Services may allow you to disclose, transmit, store or display confidential patient information ("Patient Information"). Federal and state laws, as well as ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit the ability of physicians, and other health care providers, and persons acting on their behalf, to make use of certain Patient Information and/or to transmit certain information to third parties. You represent and warrant that you will, at all times during the use of the Services, comply with all laws directly or indirectly applicable to you that may now, or in the future, govern the use, transmission, storage and disclosure of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the use of the Services and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other necessary consents or permissions required or advisable to disclose, transmit, store or display Patient Information. You agree to indemnify, defend and hold harmless us, our Affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives for any use or display of any Patient Information provided by you to us. We reserve the right to amend or delete any content that in our discretion violates the above.
- Publishing Ethics. To raise complaints regarding publishing ethics issues such as plagiarism, please contact us at firstname.lastname@example.org and for all other complaints about the use of our Site or content posted to or published on the PrePrint Site, please contact us at email@example.com. We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in case additional information is necessary. We will then review your complaint and decide whether there has been a failure to comply with these Terms. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.