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Terms and Conditions

Welcome to www.editage.com/insights, a service of Editage, Cactus Communications. Please read these Terms of Use; by using this website, you accept all the terms and conditions below. If you do not agree to the terms contained here, do not register with CACTUS and/or access the CACTUS website and/or use the CACTUS Material.

DEFINITIONS:

The defined terms contained herein shall have the following definitions.

  • Learning Resources” shall mean a database of information and materials (some of which is accessible on an online portal ‘editage.com/insights’) that provides access to learning, discussion, and Q&A on various topics related to academic publishing;

  • License” shall mean the limited non-exclusive license to use the CACTUS Material solely for the Purpose.

  • Purpose” shall mean the use of Cactus Material by you for the purpose of educating yourself on the content published on the Learning Resources in accordance with the ‘Terms of Use’ published on the online portal and available at www.editage.com/insights under the heading “Ownership and Permissions”; and

  • Cactus Material” shall mean all content available from the Learning Resources and/ or any other content or materials being otherwise provided to you, including but not limited to documents, articles, modules, presentations, designs, diagrams, charts, reports, interviews, videos, improvements, tests, testing methodology, training resources, all marks and trade names (including but not limited to ‘CACTUS’ and ‘Editage’ and their respective logos).

GENERAL PROVISIONS:

  • The Web is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

 

  • The material that appears on Cactus's site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on our site, you should confirm any facts that are important to your decision. We are not responsible if information we make available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

 

OWNERSHIP AND PERMISSIONS:

  • This site and the contents thereof (including but not limited to software, interfaces, files, graphics, text and data found on the site) including any modification, variations, derivative or other original works relating directly or indirectly to the Cactus Material as well as all intellectual property rights in Cactus Material, is the property of and owned by Cactus or its licensors and is protected by copyright, trademark and other laws of the United States and other countries whether registered or not (“Intellectual Property”) are owned solely and exclusively by Cactus. Cactus grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. You shall not have/claim any rights related to the aforesaid Intellectual Property. Accessing the Cactus Materials under this License shall in no way be deemed to give rise to any right to you to the Cactus Materials other than the license to use such Cactus Material for the Purpose.

  • Further any such use should clearly and distinctly credit “Editage Insights’ as the source. No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of the material on the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Requests for permission to reproduce or distribute materials found on our website should be sent to insights@editage.com.

  • This site features trademarks, service marks and logos that are the property of Cactus and/or its licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.

  • You understand and agree that Cactus will suffer irreparable harm in the event that you fail to comply with any of your obligations pursuant to this License, and that monetary damages in such event would not be substantial and would be inadequate to compensate Cactus. Consequently, in such event Cactus shall be entitled, in addition to such monetary relief as may be recoverable by law from you, to such temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any continuing or further breach by you, without showing or proving any actual damages sustained by Cactus.

  • You expressly agree to abstain from claiming any rights with regards to the Intellectual Property, abstain from plagiarizing, publishing, creating derivative works of the Intellectual Property, and to abstain from misusing such Intellectual Property without express written authorization from Cactus, other than for the Purpose. You further agree not to, or to enable others to, copy, modify or create derivative works of the Intellectual Property.

  • You hereby agree and expressly acknowledge that Cactus shall be the exclusive owner of all works, information, materials, original or derivative submitted by you to Cactus in connection with the Purpose (“End User Work”) and you shall be deemed to have irrevocably granted a royalty free, worldwide, perpetual, non-exclusive license to Cactus of all of the right, title and interest in the End User Work including all intellectual property rights in the End User Work.

  • Your use of the Cactus Material shall at all times reflect favourably on Cactus and the good name, goodwill, and reputation thereof and avoid in every way any deceptive, misleading, or unethical practices or advertising that is or might be detrimental to Cactus, its business or the Cactus Material, or to which Cactus may object as being detrimental to the good name, goodwill, or reputation of Cactus, its business or Cactus Material. You shall not publish or employ any misleading or deceptive advertising material or encourage anyone to do so.

LICENSE:

  • You hereby acknowledge that all the Cactus Material are licensed to you for use under the terms of this License expressly for the Purpose. Cactus retains all ownership over the Cactus Material itself and reserves all rights not expressly granted to you by this License.

  • You are hereby granted a limited, non-transferable licence to use the Cactus Material solely for the Purpose. You may not distribute or make the Cactus Material available over a network where it could be used by multiple devices or multiple users at the same time. You may not sub-license the Cactus Material.

  • Cactus hereby reserves the right to modify, amend or supplement the terms of this License from time to time by posting the new terms of the License on the online portal of Cactus ‘Editage Insights’, the new terms of which shall apply to your use of the Cactus Material. Posting of the same on the online portal shall constitute effective notice to you. You hereby agree to check the latest terms of the License available on the online portal of Cactus ‘Editage Insights’ from time to time and agree to discontinue your use of the Cactus Material if the terms of the License are disagreeable to you.

COLLECTION OF DATA AND PERSONAL INFORMATION:

You hereby agree that Cactus or its agents, may collect, maintain and process personal data about you, your usage of the Cactus Material and related information, that is gathered periodically to facilitate the provision of the Cactus Materials to you and to verify compliance with the terms of this License. You hereby agree that Cactus may share the data collected from you with other third parties.

MATERIALS YOU SUBMIT:

  • This section applies to any materials you submit to or through this website, including, without limitation, any comment you post to the site and any question you submit to the "Dr. Eddy Q&A" portion of the site. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate this License and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit any video content through this site, you further represent, warrant and agree that you have the written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. We reserve the right (but are not under an obligation) to remove or edit any content you provide.
  • If you do submit material, and unless we indicate otherwise, you grant Cactus and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content throughout the world in any media now known or hereafter invented. You grant Cactus and its affiliates the right to use the name you submit in connection with such content, if they so choose. You also understand and agree that users of this site who may access the content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your content.

DISCLAIMER

Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. CACTUS expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from CACTUS or through or from the site shall create any warranty of any kind. Cactus does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless Cactus and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

LINKS:

Cactus may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Cactus website does not mean that Cactus endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Cactus makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Cactus is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Cactus.

TERMINATION:

This License is effective until terminated. Your rights under this License shall terminate automatically or otherwise cease to be effective without notice from Cactus, if you fail to comply with any terms of this License. Upon termination of this License, you shall cease to use all Cactus Material and destroy all copies, full or partial, of Cactus Material. Clause 5 (Collection of Data and Personal Information) above, shall survive the termination of this License.

JURISDICTION:

The laws of India, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Mumbai, India for any action to enforce these Terms of Use. In the event of any legal action arising from or relating to these Terms of Use or your use of the site, you hereby waive the right to a jury trial. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of India. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE:

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

MISCELLANEOUS:

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Cactus with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

HOW TO CONTACT US:

If you have any questions or comments about these Terms of Use, please write to us at insights@editage.com.

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