Terms of Service

Last updated: Apr 07, 2021

Overview

neliti.com and associated services (collectively, the Platform) are an online research platform that provide services related to academic content. The Platform is owned and operated by Neliti Pty Ltd 626 531 351 (us, we, our). The Platform provides users of the Platform (Users, you) inter alia, three primary services (Services):

The Platform allows users to search, download, and read content from a variety of academic journals, conferences and institutional repositories (Visitors);

The Platform indexes and displays content at the request of third-party academic journals, conferences and institutional repositories (Indexed Content Providers); and

The Platform provides software that allows organisations to host and publish their own academic journal, conference, or institutional repository websites and content (Hosted Content Providers).

We reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.

You should read these Terms of Service carefully prior to using the Platform.

Acceptance of Terms of Service

These Terms of Service record an agreement between you and us for the purposes of your use of the Platform.

By using the Platform you are accepting these Terms of Service and agree to be bound by them.

We reserve the right to make changes to these Terms of Service from time to time without notice.

Use

If you are an Indexed Content Provider or a Hosted Content Provider, you may be required to provide the following information:

A valid email address;

A valid phone number;

Your name and/or the name of your organisation; and

Any other information required to complete the account establishment process. (Client Data).

You agree to update your Client Data if there are any changes to ensure that it is current and accurate at all times. You agree to notify us to the extent you become aware of any such changes in relation to your account.

You agree to permit us to use the Client Data for the purpose of providing the functionality of the Platform and any related purpose. You acknowledge that in order to do so, we may share the Client Data with other parties, including stakeholders and suppliers.

When you register as a Hosted Content Provider or Indexed Content Provider you may be asked to provide a contact email address. An activation email will be sent to this address together with your password and login details.

You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all activities that occur in relation to your use of the Platform, and we will not be liable for any loss or damage that occurs as a result of your use of the Platform.

You agree to use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in your jurisdiction, including but not limited to copyright laws.

Our use of any personal information provided within the Client Data will be in accordance with our Privacy Policy available at https://www.neliti.com/legal/privacy-policy.

You are responsible for ensuring that your use or other exploitation of content (journal articles, conference papers, books and book chapters, datasets, reports, briefs, theses, dissertations, and other types of academic content) displayed on the Platform (Content) does not infringe or violate the rights of any third party, including without limitation intellectual property rights, copyrights, patents, contract rights, or any other proprietary rights.

You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:

Engaging in abusive, derogatory, discriminatory, or defamatory behaviour;

Use the Platform to annoy, harass, abuse, degrade, bully, attack, or otherwise send unwelcome information to any other person;

Infect others with viruses, worms, or other software that can destroy, interrupt, or collect their data or computer devices;

Hack, disrupt, interfere with the functionality, or intentionally gain access to unauthorised areas of the Platform.

Term and Termination

These Terms of Service apply continuously and anew each time you use the Platform.

We may restrict your access to the Platform:

If you breach any of these Terms of Service;

You treat any of our employees, partners, affiliates, directors, agents, or other associates in a manner that is rude, aggressive, violent, or otherwise unduly disrespectful

Intellectual Property in the Platform

Nothing in these Terms of Service or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.

Nothing in these Terms of Service or otherwise creates the right for you to sublicense the Platform.

By accepting these Terms of Service you undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your business or its members, employees, officers, affiliates, customers, or anyone else.

All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by the Platform to you (subject to the operation of clause 6), remain our or our third party licensors exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.

Proprietary Rights and Copyrights in the Content

We do not claim any intellectual property rights in content displayed on the Platform whose intellectual property rights are owned by third party content providers (Content).

If you are an Indexed Content Provider or Hosted Content Provider, you do not transfer or assign copyright or intellectual property rights to us. By permitting us to display and host content from your journal, conference or repository on the Platform you agree to allow others to view, download, share, and make use of any such Content. You have the right to remove the content from the Platform at any time, and to make any use of the Content.

We may or may not review content, however we reserve the right to remove Content, or refuse any Content from being displayed on the Platform at our absolute discretion.

Although the Content is owned by the Indexed Content Provider or Hosted Content Provider that has delivered the Content, Google and other search engines may recognise the Platform as the primary publisher of the content. This may be because:

The original website owned by the Indexed Content Provider receives less visitors than the Platform;

The original website may be corrupt, broken, slow, or otherwise dysfunctional; or

Any other reason.

Despite this, we do not hold ourselves out as the proprietors of the Content that come from Indexed Content Providers, and we link each Content on the Platform to its original source Content Provider. By allowing your content to be displayed on the Platform, you acknowledge and agree that Google and other search engines may link Content to the Platform and indicate your acceptance of this.

Copyright Policy

Copyright is a legal protection that assigns legal rights in creative works to the original creator. Copyright attaches to written, visual, audio, fictional, non-fictional, and other similar works. A work is protected by copyright from the moment it is created, and lasts for the life of the creator plus up to 70 years, depending on the nature of the work.

We respect and endorse the copyrights of our users. We do not claim any copyrights in the Content supplied by third-party content providers.

If you believe that any Content is infringing on your or any other parties’ intellectual property rights, or if you believe your work has been copied in a way that constitutes copyright infringement, please email us at hello@neliti.com notifying us of the alleged infringement. An email notifying us of a copyright infringement must contain the following details:

The name, address, telephone number and e-mail address of the injured party;

A description of the copyrighted work(s) claiming to be infringed on;

A description of where the allegedly infringing material can be found on the Platform, including a URL link to the article;

A statement that you or the complaining party has a legitimate belief that the material is infringing on your copyrights;

An explanation of why you believe the material is infringing on your copyrights, including any evidence that you are relying on;

An electronic or physical signature of the injured party.

Upon receipt of a compliant request, we will conduct an internal investigation into the alleged copyright breach. If we determine, at our absolute discretion, that the intellectual property rights of you or another party have been infringed, we will take steps to remedy the infringement, and such steps will be executed at our absolute discretion.

If we investigate a complaint and determine that you are indexing or publishing content which infringes on the copyrights of a third party, we may temporarily or permanently remove the offending content, with or without notifying you before or after such content is removed at our sole discretion.

You may notify us if you believe that material has or will be wrongly removed by emailing us at hello@neliti.com. Any such notification must include the following details:

Your name, address, and telephone number;

Identification of the material that has been removed, including where possible the provision of a URL link to the article;

A statement that you have a legitimate belief that the material was not in breach of any third-party copyrights, including any evidence you have available to support this proposition.

Upon receipt of a compliant request, we will conduct an internal investigation into the matter. We will determine at our sole discretion whether the material was offending a third-party’s copyrights.

In the event of a dispute between two parties as to who owns the copyright in any material indexed or displayed on the Platform, we reserve the right to refer the dispute to a court or tribunal of competent jurisdiction to determine the matter. In such circumstances, we accept no liability as to the costs of determining the dispute, and each party to a dispute hereby indemnifies us against any order for remedy, compensation, or costs ordered as a result of the determination.

Predatory Publishing Policy

We do not endorse the practices of predatory publishing (Predatory Publishers). While we reserve the right to determine whether a Content Provider is a Predatory Publisher, a Predatory Publisher is, broadly, a publisher that charges publishing fees to authors, without providing legitimate publishing services. This may include not confirming the quality or accuracy of their article, allowing fraudulent or misleading articles, or other practices that trick academic authors into paying to publish their articles with a publisher.

Before we allow Content Providers to host or index Content on our Platform, we may conduct a basic background check to ensure that they meet our standards. This may include but is not limited to:

Ensuring that the Content Provider’s publication fees are transparently available to all authors;

Ensuring that the Content Provider’s editorial board has suitable credentials;

Ensuring that the Content hosted by the Content Provider is of sufficient academic integrity.

If a Content Provider is deemed as a Predatory Publisher via our background check process, we may refuse any Content from being displayed, indexed or hosted on the Platform from that Content Provider at our absolute discretion. If the Content is already indexed or hosted on the Platform, we may remove it from the Platform at our absolute discretion.

Operation of the Platform

As a user of the Platform you warrant that you will comply fully with all of our operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.

We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.

Modifications to the Platform

We reserve the right to modify or discontinue, temporarily or permanently the Platform and its products and services with or without notice.

We accept no liability if any such modification or discontinuance causes any loss or damage to you or causes any disruptions to your use of the Platform.

Advertising

We display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with third party sponsors.

Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through Ads.

Advertised third party websites may be subject to their own terms and conditions. We do not warrant the validity or suitability of these third party terms and conditions.

Warranties

By using the Platform, you represent and warrant to us that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform.

Subject to any of the rights you may have under consumer protection laws, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms of Service.

Limitation of Liability

The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

The operation and functionality of the Platform;

The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the Content; and/or

The products and services associated with the Platform or its content. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.

We disclaim all liability for any:

indirect, special, incidental, punitive, exemplary, reliance or consequential damages;

loss of profits;

business interruption;

network interruptions;

loss or damage to reputation of us or any third party; or

loss of information or data. We further disclaim all liability for any loss or damage arising out of your use of the Platform.

Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the Platform. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

All Content is the sole responsibility of the Indexed or Hosted Content Provider that provided the Content, and we will not be liable for any errors, omissions, offensive material, or any other content contained in the Content. We do not endorse any Content, and you acknowledge that all content accessed by you in connection with your use of the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your access or inability to access any part of the Platform.

We do not represent that the Content is appropriate or available for Visitors in any particular location. You choose to access or use the Platform on your own initiative and are responsible for compliance with all applicable local laws.

Indemnity

You agree to defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:

Your access to or use of the Platform;

Your violation of this agreement;

Any infringement by you of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

General

To the extent permitted by law, we reserve the right to create, collect and/or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.

You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without our prior written express permission. We claim copyright and all other intellectual property rights over the Platform and its other products and services and reserve all of our rights

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers may result in you being banned from the Platform.

We do not warrant that:

The Platform will meet your specific requirements;

The Platform will be uninterrupted, timely, secure, or error-free;

The content that may be obtained from the use of the Platform will be accurate or reliable;

Any errors in the Platform will be corrected.

You expressly understand, agree and warrant that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

The use or the inability to use the Platform;

Unauthorised access to or alteration of your transmissions or data; or

Any other matter relating to the Platform.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Platform, superseding any prior agreements between you and us.

Any part of these Terms of Service that is invalid, prohibited or not enforceable will not void the balance of the Terms of Service. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.

We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia.

Any queries about the Terms of Service should be sent to us by email at hello@neliti.com.

These Terms of Service are governed by the laws of Western Australia and you agree to be bound by the exclusive jurisdiction of the courts of Western Australia.

Terms of Service

Overview

Acceptance of Terms of Service

Use

Term and Termination

Intellectual Property in the Platform

Proprietary Rights and Copyrights in the Content

Copyright Policy

Predatory Publishing Policy

Operation of the Platform

Modifications to the Platform

Advertising

Warranties

Limitation of Liability

Indemnity

General

Sections