Elsevier Website Terms and Conditions

DATED 2019-07-03 · VERSION 20190807_rev01 · COMPARED WITH 20190502_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20190502_rev01 to 20190807_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1717You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person's use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Elsevier server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.
1818
1919You may not, without the approval of Elsevier, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
2020
2121## Content provided to us or posted on or through the service
2222
23Some of our Services allow you to upload, submit, store, send or receive content. Except as otherwise provided in any additional terms for a Service, we do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Services, including our blog pages, message boards, comment or discussion features, chat rooms and forums, for review by the general public, registered users of the Services or by the members of any public or private community ("Submission"), and you retain ownership of any intellectual property rights that you hold in the Submission. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any Submission that contains content that is not owned by Elsevier. However, by posting, uploading, inputting, providing or submitting ("Posting") a Submission, you grant us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available and link to such Submission in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Services) and to permit others to do so. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original, and has been written by you. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
23Some of our Services allow you to upload, submit, store, send or receive content. Except as otherwise provided in any additional terms or agreements for or relating to a Service, we do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Services, including our blog pages, message boards, comment or discussion features, chat rooms and forums, for review by Elsevier and its suppliers or licensors, the general public, registered users of the Services, or by the members of any public or private community ("Submission"), and you retain ownership of any intellectual property rights that you hold in the Submission. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any Submission that contains content that is not owned by Elsevier. However, by posting, uploading, inputting, providing or submitting ("Posting") a Submission, you grant us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available, link to, and otherwise use such Submission in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Services) and to permit others to do so. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original, and has been written by you. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
2424
2525You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the Content of the Services.
2626
2727We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
2828
2929## Notification of infringement
3939## Disclaimer of warranties and liability
4040
4141We provide the Services using a commercially reasonable level of skill and care, but neither Elsevier nor its suppliers or licensors make any specific promises about the Services, including the Content or any Submission therein. For example, we don't make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services.
4242
4343ELSEVIER AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.
4444
45To the extent permitted under applicable law, neither Elsevier nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission includedin or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Elsevier will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will Elsevier be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment.
45To the extent permitted under applicable law, neither Elsevier nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission included in or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Elsevier remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Elsevier will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will Elsevier be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment.
4646
4747TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ELSEVIER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF ELSEVIER OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4848
4949Elsevier does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services.
5050
5151## Indemnification
6767_Export Controls:_ Where the Service, its Content or any Submission consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.
6868
6969_No Assignment:_ You may not assign your rights or obligations under these Terms and Conditions to anyone.
7070
7171_No Waiver:_ Neither failure nor delay on the part of Elsevier to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
7272
73_Additional Terms:_ Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Service, the specific service or the subscribed or licensed product.
73_Additional Terms:_ Additional or superceding terms and conditions may apply to purchases or supply of goods or services including intellectual property, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control.
7474
7575_Compliance with Laws:_ You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any Submission.
7676
7777_Severability:_ If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
7878
7979_Governing Laws and Venue_: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the Elsevier regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands, except if you reside outside of the European Union, then the courts located in the country of the Elsevier regional office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred.
9191[Elsevier Print Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-print-terms-and-conditions)
9292[Elsevier Evolve Terms and Conditions](https://www.elsevier.com/legal/elsevier-evolve-terms-and-conditions)
9393[Elsevier Geofacets Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-geofacets-terms-and-conditions)
9494[Elsevier Knovel Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-knovel-terms-and-conditions)
9595[Elsevier ClinicalKey Individual & Small Practice Terms and Conditions](https://www.elsevier.com/legal/elsevier-clinicalkey-individual-and-small-practice-terms-and-condition)
9696
97Last revised: 23 April 2018
97Last revised: 3 July 2019