Sciencefeed–Terms of Service
Article 1: General
  1. Sciencefeed is an online information society service, hereafter referred to as "the Service" (including this Web site and all its applications), provided by Sciencefeed Corporation, hereafter referred to as "the Provider".
  2. These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as "the User". By accessing the Sciencefeed website or using the Sciencefeed service, you agree and acknowledge to be bound by these Terms of Service.
  3. These General Terms and Conditions can be subject to additional special terms and conditions. These are:
    1. The Statement on Privacy and Data Protection
  4. Individual terms and conditions, any waivers and individual amendments to all terms and conditions are only binding if concluded in written form. Waiving this formal requirement can only be concluded in written form.
  5. Sciencefeed reserves the right to change these Terms of Service at any time without prior or special notice. Therefore, Users are obliged to check this web page for eventual changes before each usage. Any User that disagrees with changes to this Terms of Service may terminate the use of the Service.
Article 2: Disclaimer
  1. The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including - but not limited to - implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.
  2. The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, whether direct, indirect, incidental, consequential, punitive or special, that is caused by the usage or non-usage of the Service, or by misuse, inability to use, interruption, suspension or suspension of the service.
  3. The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
  4. No one has a right to use the Service; the Provider reserves the right to exclude any user at any time from using the service.
Article 3: Storage of information
  1. The Service consists largely of information stored upon the request of Users. Such User-generated content does not (or not necessarily) represent the views and opinions of the Provider.
  2. The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of possible infringements caused by information that is stored upon the request of Users. The Provider does not adopt any User-generated content and precautionarily distances itself from it. The provider is not liable for any User-generated content.
  3. The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.
  4. Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.
  5. Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including, without limitation, court and lawyer fees.
Article 4: Notice and take down
  1. If a User feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action.
  2. Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information ("notice and take down" process).
  3. The Provider will respond to any such notification within two business days.
  4. Users shall not take any legal action before the Provider has dismissed the notification or two business days have elapsed without response.
  5. The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier. This does not imply any acknowledgement of liability for later expenditures.
Article 5: Misuse of the Service
  1. Users must not misuse the Service. Misuse of the Service includes, without limitation:
    1. insults to other Users;
    2. automated or massive manual retrieval of other Users' profile data ("data harvesting");
    3. advertising for commercial products or services of all kinds;
    4. unsolicited job offers and business proposals;
    5. all kinds of technical attacks on the servers.
    6. publishing any copyrighted work without permission of the copyright holder, or, where applicable, holder of an exclusive license.
  2. All aforementioned behavior in this article is strictly forbidden, unless the User has obtained prior written permission by the Provider.
Article 6: Usage of information
  1. All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary internet devices.
  2. Users must not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.
  3. Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
Article 7: Copyright and other Intellectual Property Rights
  1. The application software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and are the property of the Provider.
  2. By submitting any copyrighted information to the Service, Users grant to the Provider a non-exclusive, worldwide, irrevocable (unless deletion in made possible within the Service) license, free of royalty or any other payment, without limit of time and for all purposes, including, without limitation, online publishing and the power to grant sub-licenses.
  3. The service may be indexed by third-party search engine service providers. Some of those search engine providers store abstracts or archive full copies of web pages and make them available to the public. Users cannot request deletion or alteration from the provider of any information that was or is originally published within the Service and is then stored and/or published by any third party.
Article 8: Trademarks and Service Marks
Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
Article 9: Non-representation
Nothing in this Terms of Service shall be construed as establishing or implying any partnership or joint venture between the parties hereto, and nothing in this Agreement shall be deemed to constitute either of the parties hereto as the agent of the other party or authorize either party;
  1. to incur any expenses on behalf of the other party,
  2. to enter into any engagement or make any representation or warranty on behalf of the other party,
  3. to pledge the credit of, or otherwise bind or oblige the other party, or
  4. to commit the other party in any way whatsoever, without in each case obtaining the other party’s prior written consent.
Article 10: Salvatorius Clause
  1. If any provision or provisions of this Terms and Conditions and its additions (as in Article 1 (3)) shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  2. Any provision that is found invalid or unenforceable in whole or in part for any reason shall whenever allowed by the context be deemed replaced by such valid and enforceable clause or provision whose contents are as close as permissible to those of the invalid or unenforceable clause or provision.
Digital Millennium Copyright Act

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked.

If you send the Provider an infringement notice such notice must be in writing (e.g. email, fax or written letter) and must include the following information:

  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work claimed to be infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works;
  • A description of the material that is claimed to be infringing or be the subject of infringing activity, and information that is reasonably sufficient to enable Provider to locate the material;
  • Information that is reasonably sufficient to enable the service provider to contact the copyright holder/authorized person, such as name, address, telephone number, and, if available, an email address;
  • A statement of the copyright holder/authorized person that he or she has good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement of the copyright holder/authorized person that the information in the notification is accurate, and under penalty of perjury, that he or she is, where applicable, authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Provider against you, the DMCA permits you to send the Provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:

Dipl.-Jur. Dennis R. Jlussi
c/o ResearchGATE GmbH
Invalidenstrasse 115
10115 Berlin, Germany
dennis.jlussi@researchgate.net
Tel +49 30 9236 3251
Fax +49 511 905 4026

The Provider suggests that you consult with your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

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