MANUSCRIPT CENTRAL™ TERMS OF USE AND USER AGREEMENT

MANUSCRIPT CENTRAL™ TERMS OF USE AND USER AGREEMENT

Last Updated: June 19, 2006

THESE MANUSCRIPT CENTRAL™ TERMS OF USE AND USER AGREEMENT (THESE “TERMS OF USE”) CONSTITUTE AN AGREEMENT BETWEEN YOU (AS FURTHER DEFINED BELOW, THE “USER”) AND SCHOLARONE, INC., A VIRGINIA CORPORATION (“SCHOLARONE”) GOVERNING USER’S ACCESS AND USE OF THIS WEBSITE AND THE SOFTWARE, SERVICES AND SCHOLARONE CONTENT ACCESSIBLE OR AVAILABLE AT THE WEBSITE.

THE WEBSITE AND ALL SOFTWARE, SERVICES, AND SCHOLARONE CONTENT ACCESSIBLE OR AVAILABLE AT THE WEBSITE ARE MADE AVAILABLE TO USER BY SCHOLARONE CONDITIONED UPON USER’S ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. USER’S ACCESS OR USE OF THE WEBSITE, THE SOFTWARE, ANY SERVICES, OR ANY SCHOLARONE CONTENT ACCESSIBLE OR AVAILABLE AT THE WEBSITE CONSTITUTES USER’S ACCEPTANCE OF THESE TERMS OF USE, AS MAY BE MODIFIED FROM TIME TO TIME. THESE TERMS OF USE CONTAIN IMPORTANT TERMS, INCLUDING EXCLUSION OF WARRANTIES, DISCLAIMER OF LIABILITIES AND INDEMNIFICATION.

1. GENERAL DESCRIPTION OF NATURE AND PURPOSE OF WEBSITE AND SOFTWARE.

The Website has been uniquely created and hosted by ScholarOne for a specific Publication pursuant to a License Agreement between ScholarOne and the Publisher of such Publication. The Website is designed to enable certain authorized parties to access and use ScholarOne’s proprietary, web-based computer software system know as Manuscript Central.™ The Manuscript Central™ software contains many functional features and tools that are designed to assist the Publisher with certain publishing-related business processes pertaining to the Publication. The primary functional purpose of the Manuscript Central™ software is to enable and facilitate the on-line submission of Manuscripts for publication in the Publication, and the review, editing and approval or rejection of such Manuscripts. The specific tasks that an individual user may perform are limited and may be based on the privileges and permissions granted to such user by the Publisher or the Publication.

2. DEFINITIONS.

In addition to terms that are defined within individual sections of these Terms of Use, the following terms shall have the meanings ascribed thereto:

a. Administrator. The term “Administrator” means a person or entity selected or appointed by the Publisher or the Publication with privileges to manage and track the submission, review and editing of Manuscripts, and to access and utilize the Software tools, features and programs, and the Services available at the “Administrative Center” section and pages of the Website (the “Administrative Center”). For some Publications, the Website may use a term other than “Administrator” to refer to the person or entity having the privileges described in the preceding sentence, and/or may use a term other than “Administrative Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person or entity, as described in the preceding sentence. For the purposes of these Terms of Use, (i) the term “Administrator” shall apply to any person or entity having privileges that are identical or substantially similar to those of an Administrator, as described in this Section 2(a), regardless of any other specific name or title designated on the Website; and (ii) the term “Administrative Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Administrative Center, as described in this Section 2(a), regardless of any other specific name or title designated on the Website.

b. Associate Editor. The term “Associate Editor” means a person or entity selected or appointed by Publisher or the Publication with privileges to make recommendations or decisions to accept, reject, review, or edit Manuscripts, and to access and utilize the Software tools, features, and programs, and the Services available at the “Associate Editor Center” section and pages of the Website (the “Associate Editor Center”). For some Publications, the Website may use a term other than “Associate Editor” to refer to the person or entity having the privileges described in the preceding sentence, and/or may use a term other than “Associate Editor Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person or entity, as described in the preceding sentence. For the purposes of these Terms of Use, (i) the term “Associate Editor” shall apply to any person or entity having privileges that are identical or substantially similar to those of an Associate Editor, as described in this Section 2(b), regardless of any other specific name or title designated on the Website; and (ii) the term “Associate Editor Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Associate Editor Center, as described in this Section 2(b), regardless of any other specific name or title designated on the Website.

c. Author. The term “Author” means a person who submits Manuscripts for review and who can access and utilize the Software tools, features and programs, and the Services available at the “Author Center” section and pages of the Website (the “Author Center”). An Author includes any person who (i) has been selected or appointed by the Publisher or the Publication to submit Manuscripts for review, including any person who has been pre-registered by the Publisher or the Publication to access the Website with privileges as an Author with respect to the Publication; or (ii) registers at the Website for privileges as an Author with respect to the Publication. For some Publications, the Website may use a term other than “Author” to refer to the person having the rights and powers described above in this Section 2(c), and/or may use a term other than “Author Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person or entity, as described above in this Section 2(c). For the purposes of these Terms of Use, (i) the term “Author” shall apply to any person having privileges that are identical or substantially similar to those of an Author, as described in this Section 2(c), regardless of any other specific name or title designated on the Website; and (ii) the term “Author Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Author Center, as described in this Section 2(c), regardless of any other specific name or title designated on the Website.

d. Documentation. The term “Documentation” means all documentation and information posted or available on the Website relating to the use, features and functionality of the Software and the Services (including all user guides and tutorials), as may be amended or updated from time to time, together with all other information relating to the Software and the Services provided, or made available, by ScholarOne to User or the Publisher from time to time.

e. Editor. The term “Editor” means a person or entity selected or appointed by Publisher or the Publication with privileges to review, edit, accept and reject Manuscripts, and to access and utilize the Software tools, features, and programs, and the Services available at the “Editor Center” section and pages of the Website (the “Editor Center”). For some Publications, the Website may use a term other than “Editor” to refer to the person or entity having the privileges described in the preceding sentence, and/or may use a term other than “Editor Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person or entity, as described in the preceding sentence. For the purposes of these Terms of Use, (i) the term “Editor” shall apply to any person or entity having privileges that are identical or substantially similar to those of an Editor, as described in this Section 2(e), regardless of any other specific name or title designated on the Website; and (ii) the term “Editor Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Editor Center, as described in this Section 2(e), regardless of any other specific name or title designated on the Website.

f. Editor-in Chief or Board of Editors. The term “Editor-in-Chief” or “Board of Editors” means a person, group of people, or entity selected or appointed by Publisher or the Publication with privileges to review, edit, accept and reject Manuscripts, and to access and utilize the Software tools, features, and programs, and the Services at the “Editor-in-Chief Center” section and pages of the Website (the “Editor-in-Chief Center”) or the “Board of Editors” section and pages of the Website (the “Board of Editors Center”). For some Publications, the Website may use a term other than “Editor-in Chief” or “Board of Editors” to refer to the person, group of people, or entity having the privileges of an “Editor-in-Chief” or “Board of Editors” described in the preceding sentence, and/or may use a term other than “Editor-in-Chief Center” or “Board of Editors Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person, group of people, or entity, as described in the preceding sentence. For the purposes of these Terms of Use, (i) the term “Editor-in-Chief” or “Board of Editors” shall apply to any person, group of people, or entity having privileges that are identical or substantially similar to those of an Editor-in-Chief or Board of Editors, as described in this Section 2(f), regardless of any other specific name or title designated on the Website; and (ii) the term “Editor-in-Chief Center” or “Board of Editors Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Editor-in-Chief Center or Board of Editors Center, as described in this Section 2(f), regardless of any other specific name or title designated on the Website.

g. Laws. The term “Laws” means all federal, state, county, municipal, local or other statutes, laws, regulations, rules, ordinances, orders and customs of any country, state or territory having jurisdiction over User’s access and use of the Website, the Software and the Services, including the United States.

h. License Agreement. The term “License Agreement” means the written agreement executed by ScholarOne and the Publisher pursuant to which ScholarOne has licensed the Software to the Publisher and agreed to host the Software and Website to enable the on-line submission, review and editing of Manuscripts for the Publication.

i. Manuscript. The term “Manuscript” means any article, publication, drawings, graphics, studies, information, data, video files or other work (in any and all formats) which an Author uploads, posts, transmits, distributes, submits, or otherwise makes available utilizing the Software tools available at the Author Center of the Website, and which is intended to be considered for publication in the Publication.

j. Publication. The term “Publication” means the book, magazine, professional journal, or other publication that (i) is owned or published by the Publisher; (ii) is identified in, and subject to the terms, of the License Agreement; and (iii) the name or title of which is displayed on the home page or log-in page of the Website, or the page from which User accessed these Terms of Use.

k. Publisher. The term “Publisher” means the corporation, limited liability company, partnership, trade organization, or other entity or organization that has executed a License Agreement with ScholarOne.

l. Reviewer. The term “Reviewer” means an individual selected or appointed by Publisher or the Publication with privileges to use the Software to review certain Manuscripts assigned to Reviewer, and to access and utilize the Software tools, features and programs and the Services available at the “Reviewer Center” section and pages of the Website (the “Reviewer Center”). For some Publications, the Website may use a term other than “Reviewer” to refer to the person or entity having the privileges described in the preceding sentence, and/or may use a term other than “Reviewer Center” to refer to the section and pages of the Website where certain Services, tools and features are available to such person or entity, as described in the preceding sentence. By way of example, the Website may refer to a Reviewer as a “Referee” and/or to the “Reviewer Center” as the “Referee Center.” For the purposes of these Terms of Use, (i) the term “Reviewer” shall apply to any person or entity having privileges that are identical or substantially similar to those of a Reviewer, as described in this Section 2(l), regardless of any other specific name or title designated on the Website; and (ii) the term “Reviewer Center” shall apply to the section and pages of the Website that are identical or substantially similar to the section and pages constituting the Reviewer Center, as described in this Section 2(l), regardless of any other specific name or title designated on the Website.

m. ScholarOne Content. The term “ScholarOne Content” means all information, data, text, images, sounds, graphics and other materials (regardless of the format thereof) which (i) can be accessed, viewed, downloaded, or printed by User at the Website or by using the Software or the Services; and (ii) which have been created by, or on behalf of, ScholarOne, and have been posted, displayed, or otherwise made available at the Website by ScholarOne to be viewed or accessed by User at the Website or by using the Software or the Services. ScholarOne Content includes all Documentation, but does not include any User Submissions, or Third-Party User Submissions.

n. ScholarOne Parties. The term “ScholarOne Parties” means, collectively, the officers, directors, employees, consultants, contractors, agents, affiliates, joint venture partners, and business partners of ScholarOne.

o. Services. The term “Services” means any and all services, features, tools, applications and programs that are available on the Website, or that can be accessed or utilized by the User using the Website or the Software.

p. Software. The term “Software” means the proprietary and programmed system known as “Manuscript Central™” with functionality that enables the on-line submission, peer review, editing and acceptance of Manuscripts, and provides certain tracking and reporting features relating thereto, which system is licensed to the Publisher by ScholarOne pursuant to the License Agreement, and is further described in the License Agreement and the Documentation. The Software, as may be amended or updated from time to time by ScholarOne, may include certain integrated applications, tool, software and technologies that are owned or licensed by ScholarOne. The term “Software” includes all modifications, enhancements, upgrades and new versions of the Software hereafter released by ScholarOne.

q. Third-Party User. The term “Third-Party User” means any person or entity, other than User, which has access to the Website, the Software and/or the Services, and which may have been authorized by the Publisher or the Publication to perform certain tasks with respect to Manuscripts. Third-Party Users may include Administrators, Associate Editors, Authors, members of the Board of Editors, Editors, Editors-in-Chief, and Reviewers.

r. Third-Party User Submissions. The term “Third-Party User Submissions” means any documents, information, materials, and content uploaded, posted, e-mailed, transmitted, distributed, submitted, or otherwise made available by a Third-Party User via the Website or utilizing the Software or the Services. Third-Party User Submissions includes Manuscripts submitted by Third-Party Users who are Authors. In connection with the provision of Support Services (defined below) to a Third-Party User, ScholarOne may upload, submit or otherwise make available Third-Party User Submissions via the Website or utilizing the Software or the Services on behalf of a Third-Party User. No Third-Party Submission shall be deemed to be owned by, endorsed or approved by, or the responsibility of, ScholarOne or any ScholarOne Party by virtue, or as a result, of such Support Services provided by ScholarOne.

s. User. The term “User” means any individual or entity that has created a User Account and is accessing and/or using the Website, the Software, or the Services.

t. User Submissions. The term “User Submissions” means any documents, information, materials, and content uploaded, posted, e-mailed, transmitted, distributed, submitted or otherwise made available by User via the Website or utilizing the Software and/or the Services. User Submissions includes any Manuscripts submitted by User. In connection with the provision of Support Services to User, ScholarOne may upload, submit or otherwise make available User Submissions via the Website or utilizing the Software or the Services on behalf of User. No User Submission shall be deemed to be owned by, endorsed or approved by, or the responsibility of, ScholarOne or any ScholarOne Party by virtue, or as a result, of such Support Services provided by ScholarOne.

u. Website. The term “Website” means the website located at the URL on which a link to these Terms of Use is posted at the log-in or home page (or the web page from which User accessed these Terms of Use), together with all web pages thereof.

3. USER REGISTRATION.

User must create a user account (a “User Account”) before accessing or using the Website, the Software, or any of the Services. User shall provide all information that is required by ScholarOne to complete the registration process. The information required for registration (“Registration Information”) may vary depending on the requirements of the Publisher or the Publication, but will generally include User’s name, e-mail address and the name of the institution or organization with which User is affiliated. User represents and warrants to ScholarOne that all Registration Information provided by User is completely true and accurate. User agrees to keep current, and promptly update, any Registration Information. In some instances, a User Account may have already been established for User by the Publisher, the Publication, or another third party (a “Pre-Registered Account”). User shall be responsible for promptly reviewing, and confirming the accuracy of, all Registration Information provided in connection with a Pre-Registered Account of User, and shall correct any inaccuracies or errors therein. In addition, User shall promptly update all Registration Information relating to a Pre-Existing Account with current and updated information, whenever applicable. By completing the registration process or accessing and using the Website, the Software, or any of the Services, User further represents and warrants to ScholarOne that (a) User is over the age of eighteen (18) years; and (b) is not prohibited or barred under any applicable Law from accessing or using the Website, the Software or any of the Services.

If User registers as an entity (including a corporation, limited liability company, partnership, non-profit corporation, or trade organization), User Accounts must be established by authorized and designated individual, full-time employees of such entity, who are over the age of eighteen (18) years (“Designees”). These Terms of Use shall apply to such entity as the User and to each of its Designees. User shall be solely responsible for all acts and omissions of its Designees in connection with any access and use by its Designees of the Website, the Software and any Services. By establishing a User Account or by accessing and using the Website, the Software or any of the Services, User and each Designee represents and warrants to ScholarOne that such Designee is authorized to agree to these Terms of Use on behalf of User and to access and use the Website, the Software and the Services on behalf of User.

ScholarOne may take all action as it deems appropriate or necessary to verify and confirm the accuracy of any Registration Information that User provides to ScholarOne during the registration process, or at any time thereafter. If User provides any Registration Information that is untrue or inaccurate in any respect, or if ScholarOne has reasonable grounds to believe that any Registration Information is untrue or inaccurate in any respect, ScholarOne may immediately terminate, without notice, User’s right to access and use the Website, the Software, and the Services, and may prohibit or restrict any future use of the Website, the Software and the Services by User.

Upon completion of the registration process, User shall be issued a unique User ID and Password (“Log-In Information”). To the extent that User may be able to select certain aspects of User’s Log-In Information, such as a password, ScholarOne shall endeavor to assign to User such Log-In Information that is requested by User, but does not represent or warrant that such Log-In Information will be able for use by User. In addition, ScholarOne may, in its sole discretion, change any of User’s Log-In Information at any time, including in the event of an actual or threatened security breach relating to the Website, the Software, or any of the Services. User shall secure and maintain the confidentiality of User’s Log-In Information and User shall be solely responsible for all acts and omissions taken by any party using User’s Log-In Information. User shall immediately notify ScholarOne in the event of any known or suspected unauthorized use or disclosure of any Log-In Information, or any other act or omission that threatens to impair the security or integrity of the Website, the Software or any of the Services.

In the event that User has created a user account with ScholarOne for the Publication or the Website prior to June 1, 2006 (an “Existing Account”), User shall not be required to establish a new User Account. Such Existing Account shall constitute a “User Account” for the purposes of these Terms of Use, and all information provided in connection with such Existing Account (“Existing Information”) shall constitute “Registration Information” for the purposes of these Terms of Use, and the provisions of this Section 3 shall apply to such Existing Account and Registration Information. Further, all User IDs and passwords issued in connection with an Existing Account shall constitute “Log-In Information” for the purposes of these Terms of Use and shall be subject to the provisions of this Section 3 as “Log-In Information.”

4. STATUS OF USER.

By establishing or maintaining a User Account, or by otherwise accessing and using the Website, the Software, or any of the Services, User represents and warrant to ScholarOne that (a) User intends to use the Website, the Software and the Services as an Author to submit a Manuscript to be considered for publication in the Publication; or (b) if User is not an Author, User has been authorized by the Publisher or the Publication as an Administrator, Associate Editor, Editor, Editor-in-Chief, member of the Board of Editors, or Reviewer with respect to Manuscripts and the Publication. ScholarOne may take all action as it deems appropriate or necessary to verify and confirm the rights and privileges granted to User by Publisher or the Publication, and ScholarOne, the Publisher, or the Publication may suspend or terminate User’s access of the Website, the Software, and the Services pending ScholarOne’s confirmation of the rights and privileges granted to User.

User agrees to only access, and attempt to access those sections of the Website, Software tools, features and programs, and Services that are designated for access based on the status of User, as follows:

Administrator:		Administrators may only access the Administrative Center and use the Software tools, features, components and programs, and the Services available at the Administrative Center.
Associate Editor:		Associate Editors may only access the Associate Editor Center and use the Software tools, features, components, and programs and the Services available at the Associate Editor Center.
Author:		Authors may only access the Author Center and use the Software tools, features, components, and programs, and the Services available at the Author Center.
Board of Editors:		Members of the Board of Editors may only access the Board of Editors Center and use the Software tools, features, components, and programs and the Services available at the Board of Editors Center.
Editor:		Editors may only access the Editor Center and use the Software tools, features, components, and programs, and the Services available at the Editor Center.
Editor-in-Chief:		Editors-in-Chief may only access the Editor-in-Chief Center and use the Software tools, features, components, and programs and the Services available at the Editor-in-Chief Center.
Reviewer:		Reviewers may only access the Reviewer Center and use the Software tools, features, components, and programs of the Software available at the Reviewer Center.

It shall be the sole responsibility of User to obtain and determine the rights and privileges granted to User with respect to the Publication. ScholarOne may, in it sole discretion, implement such procedures (including use of additional passwords or security measures) to restrict User’s ability to access and use certain sections of the Website, certain tools, features, components and programs of the Software, and certain Services, based on the rights and privileges of User. If User access, uses, or attempts to access or use, any section of the Website, any component of the Software, or any Services that User is not authorized to access or use, ScholarOne shall have the right, but no obligation, to terminate User’s access and use of the Website, the Software and the Services.

5. LICENSE GRANT.

Subject to User’s compliance with these Terms of Use, ScholarOne grants User a personal, non-exclusive, non-transferable, non-sublicensable, license to use the object code of the Software on a single computer solely in connection with the submission, review and editing of Manuscripts intended for publication in the Publication. If applicable, User’s rights to use the Software and the Services are strictly limited based on the User’s privileges and rights with respect to the Manuscripts and Publication granted by the Publisher, as described in Section 4 above.

6. USER SUBMISSIONS.

User shall be solely responsible for all User Submissions uploaded, posted, e-mailed, transmitted, reproduced, distributed, submitted or otherwise made available by User via the Website or utilizing the Software or the Services, including all Manuscripts.

User agrees, and represents and warrants to ScholarOne as follows:

a. All User Submissions shall be made in accordance with the requirements, terms and guidelines specified in the current version of the Documentation or as posted on the Website.

b. User owns, or has obtained all necessary right, licenses and permission (i) to submit, upload, post, reproduce, distribute, and submit all User Submissions, including Manuscripts, via the Website utilizing the Software or the Services; and (ii) to grant ScholarOne, and Third-Party Users the license and rights described below in this Section 6.

c. No User Submission, including any Manuscript, shall violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s trademark, patent, copyright, trade secret, intellectual property, statutory, proprietary, privacy, publicity, or contractual rights, or any other rights arising under the Laws of any applicable jurisdiction (collectively, “Third Party Rights”).

d. No User Submission, including any Manuscript, shall be unlawful, harmful, or threatening, or libelous or defamatory of any person or entity.

e. All User Submissions, including any information concerning another person or entity, shall be true and accurate to the best of User’s knowledge.

f. User shall comply with all Laws in connection with the up-loading, posting, e-mailing, transmission, reproduction, distribution and submission of all User Submissions (including all Manuscripts) via the Website or utilizing the Software or the Services.

User hereby grants ScholarOne a transferable, sub-licensable, royalty-free, non-exclusive, world-wide right and license, to reproduce, publicly display, use, distribute, edit, modify, and create derivative works of, all User Submissions, including all Manuscripts, in connection with the operation, use, display, and licensing of the Website, the Software and the Services, including in connection with the performance or provision by ScholarOne of any support or maintenance services relating to the Website or the Software to User, any Third-Party User, or the Publisher (“Support Services”). This license expressly includes the rights for all Third-Party Users to reproduce, publicly display, distribute, edit, modify, and create derivative works of, and otherwise use User Submissions, or any part thereof, in connection with their use of the Website, the Software and the Services.

User acknowledges and agrees that ScholarOne may, but shall have no obligation to, screen or monitor any User Submissions. User further acknowledge and agrees that ScholarOne, in its sole discretion, may, but shall have no obligation to, review, edit, modify and/or delete any User Submission in connection with the performance or provision of any Support Services. In addition, ScholarOne may, in its sole discretion, remove, delete, edit, or modify any User Submission that ScholarOne reasonably believes has been up-loaded, posted, e-mailed, transmitted, reproduced, distributed, or submitted by User in violation of these Terms of Use.

ScholarOne encourages User not to upload, post, e-mail, transmit, distribute, submit, or otherwise make available via the Website or utilizing the Software or the Services any personal, valuable or sensitive information. As noted above, third parties will have access to User Submissions and ScholarOne cannot control how such third parties may use User Submissions.

ScholarOne shall have no liability to User for any use, misuse, loss, deletion, alteration, modification, reproduction, distribution or exploitation by any person or entity (including any Third-Party User) of any User Submissions uploaded, posted, e-mailed, transmitted, distributed, submitted or otherwise made available by User via the Website or utilizing the Software or the Services.

7. THIRD-PARTY USER SUBMISSIONS.

ScholarOne may, but shall have no obligation to screen, monitor, remove, delete, or modify any Third-Party Submissions up-loaded, posted, e-mailed, transmitted, reproduced, distributed, submitted, or otherwise made available by any Third-Party User in connection with such Third-Party User’s use of the Website, the Software and the Services. SCHOLARONE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY THIRD-PARTY USER SUBMISSION (A) IS COMPLETE, ACCURATE, USEFUL, OR FREE OF ERRORS; (B) DOES NOT CONTAIN ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES, FILES, OR PROGRAMS THAT MAY DAMAGE OR HARM USER’S COMPUTER SOFTWARE OR HARDWARE OR BUSINESS INTERESTS; (C) DOES NOT VIOLATE ANY THIRD-PARTY RIGHTS; OR (D) COMPLIES WITH ALL APPLICABLE LAWS.

User bears all risks associated with the access, down-loading, printing and/or use of all Third-Party User Submissions, including any reliance on the accuracy, completeness or usefulness of Third-Party User Submissions.

8. SCHOLARONE CONTENT.

All ScholarOne Content is owned by ScholarOne and the ScholarOne Parties, or ScholarOne and the ScholarOne Parties have the rights to access, display and use the ScholarOne Content in connection with the operation, use and licensing of the Website, the Software and the Services. ScholarOne grants User a personal, non-exclusive, non-transferable, non-sublicensable, license to access and use the ScholarOne Content solely in connection with User’s use of the Website, the Software and the Services, as permitted by these Terms of Use. If reasonably necessary to assist User with the performance of certain tasks, User may download and print one (1) copy of any Documentation posted or provided at the Website.

ScholarOne expressly disclaims all representations or warranties with respect to the accuracy, integrity or quality of all ScholarOne Content. User should not rely upon the accuracy of any ScholarOne Content. User bears all risks associated with the access, down-loading, printing or use of all ScholarOne Content, including any reliance on the accuracy, completeness or usefulness thereof. ScholarOne and the ScholarOne Parties shall not have any liability to User for any access, use, down-loading or printing of, or reliance upon, any ScholarOne Content by User.

9. MODIFICATIONS.

ScholarOne reserves the right at any time, without notice to User, (a) to modify, upgrade, or enhance the Software; (b) to modify or alter any ScholarOne Content or Services; (c) to remove and delete any ScholarOne Content, User Submissions, or Third-Party User Submissions; and (d) to suspend or discontinue (permanently or temporarily) any portion, tool, feature, or component of the Website, the Software and/or the Services. ScholarOne shall not be liable to User for taking any of the foregoing actions described in this Section 9.

10. USER INFORMATION.

In connection with User’s use of the Website, the Software and the Services, User may be requested to disclose personal information about User, including User’s name, address, e-mail address, age, education, professional experience, and other identifiable or non-identifiable information that may be required or requested by the Publisher or Publication (“User Information”). User Information is required or requested by the Publisher or the Publication. ScholarOne does not claim ownership of Registration Information or User Information, and Registration Information and User Information is stored on the servers and computer networks of ScholarOne for the sole benefit of the Publisher or Publication. Registration Information and User Information is subject to the terms of ScholarOne’s Privacy Policy and User is advised to carefully review the Privacy Policy before disclosing any Registration Information or User Information via the Website or using the Software or the Services. Except as expressly described in the Privacy Policy, ScholarOne has no responsibility for any Registration Information or User Information collected or maintained by ScholarOne. All Registration Information and User Information is owned by the Publisher or the Publication and will only be used by ScholarOne for the limited purposes described in the Privacy Policy. User acknowledges and agrees that any Registration Information and User Information disclosed by User may be accessed by certain Third-Party Users, including Administrators, Associate Editors, Editors, Editors-in-Chief, members of the Board of Editors, Reviewers and other authorized parties of the Publisher or the Publication. In particular, Administrators generally have access to all Registration Information and User Information of all Users and Third-Party Users. ScholarOne cannot control the use of Registration Information or User Information accessed by Third-Party Users and the disclosure of any User Information is at the sole risk of User. Accordingly, User is encouraged to exercise great care and discretion before electing to disclose any User Information via the Website or utilizing the Software or the Services. User forever waives and releases ScholarOne and all ScholarOne Parties from any and all liability arising out of, or relating to, the disclosure or use by any third party (including any Third-Party User) of any User Information disclosed by User via the Website or utilizing the Software or the Services.

In connection with its use of the Software and the Services, User may learn, or have access to, personal information concerning a Third-Party User, including personal information concerning an Author of a Manuscript submitted for publication in the Publication (“Third-Party User Information”). User agrees that it shall only disclose and use Third-Party User Information as is reasonably required in connection with the performance of User’s tasks and obligations relating to the creation, review, editing and publication of Manuscripts for the Publication. ScholarOne shall not have any obligation to police or monitor User’s use or any Third-Party User Information. However, at the request of the Publisher or Publication, ScholarOne shall terminate User’s access to the Website, the Software and/or the Services, if User sells or rents any Third-Party User Information, or discloses or uses Third-Party Information in any commercial manner or for any commercial purpose in violation of the provisions of this Section 10.

11. PROHIBITED ACTS.

User shall not:

a. commit any act in violation of these Terms of Use.

b. use the Software or the Services in any manner that is in violation of, or inconsistent with, these Terms of Use or the Documentation.

c. upload, post, e-mail, transmit, distribute, submit, or otherwise make available any User Submissions in violation of any Third Party Rights.

d. upload, post, e-mail, transmit, distribute, submit, or otherwise make available any User Submissions in violation of any applicable Laws.

e. upload, post, e-mail, transmit, distribute, submit, or otherwise make available any User Submissions that are unlawful, harmful, threatening, or libelous or defamatory of any person or entity.

f. upload, post, e-mail, transmit, distribute, submit or otherwise make available any User Submissions or User Information that are knowingly false or inaccurate.

g. upload, post, e-mail, transmit, distribute, submit, or otherwise make available any User Submissions that contain any viruses, worms, trojan horses, or other codes, files, or programs that may damage or harm the computer software or hardware, telecommunications equipment, or business interests of any other person or entity, including any Third-Party User.

h. commit any act that restricts, prohibits, or inhibits any other person or entity, including any Third-Party User, from accessing and using the Website, the Software, any ScholarOne Content, any User Submissions, any Third-Party User Submissions, and/or any Services, or that interferes with the ability of any other person or entity to access or use any of the foregoing.

i. upload, post, e-mail, transmit, distribute, submit, or otherwise make available via the Website or utilizing the Software or the Services, any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding, including any act in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM).

j. upload, post, publish, transmit, reproduce, distribute or in any way use or exploit any ScholarOne Content for professional or commercial purposes.

k. attempt to access or use sections of the Website, tools, features, programs and components of the Software, or Services that are not intended for access or use by User.

l. attempt to gain access to the account of any Third-Party User, or any other account other than User’s User Account.

m. copy, modify, create derivative works of the Software, or use modified versions of the Software not provided by ScholarOne.

n. decompile, disassemble, reverse engineer, or otherwise attempt to obtain the source code of the Software, or its structure, internal design, organization, algorithms, or encryption devices.

o. sell, rent, publicly display, distribute, make available for public use, reproduce, duplicate, copy, trade, resell, or exploit for any commercial or professional purposes the Software, the Services, any Third-Party Submissions, and any ScholarOne Content, or any part or portion of any of the foregoing.

p. attempt to access and use the Software or any of the Services by any means other than through the interface that is provided by ScholarOne for use in accessing and using the Software and the Services.

12. OWNERSHIP AND RIGHTS RESERVED.

As between the parties, ScholarOne exclusively owns, and shall exclusively own, the Website, the Software, all ScholarOne Content and all Services, together with (a) all intellectual property associated with, or incorporated within, any of the foregoing; (b) all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable Laws); and (c) all proprietary rights therein. These Terms of Use do not grant to User, and User shall not acquire, any right, title, or interest in and to the Website, the Software, any ScholarOne Content and/or any Services, except for the limited licenses thereto expressly granted in these Terms of Use.

All licenses, rights, and interest, including all right, title and interest in and to the Software and the Services and all intellectual property and proprietary rights associated therewith, or incorporated or embodied therein, not specifically granted to User hereunder will be, and are, specifically and entirely reserved to ScholarOne and may be fully exploited by ScholarOne.

13. NATURE OF COMMUNICATIONS; COMPLIANCE WITH LAWS.

User acknowledges and agrees that in using the Software or the Services to upload, post, e-mail, transmit, submit, or otherwise make available User Submissions, User will be causing communications to be submitted through the computer networks of ScholarOne and certain ScholarOne Parties, portions of which are located in various locations throughout the United States. Accordingly, User’s agreement to these Terms of Service indicates specific agreement and acknowledgement that use of the Software and the Services may result in the interstate transmission of data and materials, thereby potentially implicating certain Laws of the United States. User agrees to comply with all applicable Laws in connection with User’s access and use of the Website, the Software and all Services, including when uploading, posting, e-mailing, transmitting, distributing, submitting, or otherwise making available any User Submissions. User specifically agrees to comply with all Laws governing the exportation of transmissions of sensitive data from the United States or from the country in which User resides or is accessing and using the Software and the Services.

14. LINKS TO THIRD-PARTY SITES.

Portions of the Website may provide hyperlinks, framing or other click-thru access to websites owned and operated by parties other than ScholarOne (“Third-Party Sites”). ScholarOne provides such links to Third-Party Sites solely as a convenience to User. The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between ScholarOne and the owners or operators of any Third Party Site, or any sponsorship by ScholarOne of any Third Party Site, its owners or operators, or any products or services available at ay third Party site. ScholarOne accepts no responsibility for, and expressly disclaims any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on, or contained in, any Third Party Site. User’s access and use of any Third Party Site is at User’s sole risk.

User acknowledges and agrees that these Terms of Use contain no representation, warranty, or endorsement by ScholarOne or any ScholarOne Party of any Third Party Site, or any of the products, services, information, or other content available on any Third Party Site. User’s use of any Third Party Site will be governed solely by the terms and conditions, notices, policies and guidelines posted on such Third-Party Site. User’s rights and obligations with respect to any of the products, services, information, or other content of any Third-Party Site will be determined by such terms and conditions, notices, policies and guidelines. ScholarOne encourages User to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site, prior to using, or providing any personal or financial information on such Third-Party Site.

15. DISCLAIMER OF WARRANTIES.

USER’S ACCESS AND USE OF THE WEBSITE, THE SOFTWARE, ALL SCHOLARONE CONTENT AND ALL SERVICES IS AT USER’S SOLE RISK.

SCHOLARONE MAKES NO REPRESENTATIONS OR WARRANTIES TO USER WITH RESPECT TO THE WEBSITE, THE SOFTWARE, ANY SCHOLARONE CONTENT AND ANY SERVICES. THE WEBSITE, THE SOFTWARE, ALL SCHOLARONE CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SCHOLARONE AND ALL SCHOLARONE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE SOFTWARE, THE WEBSITE, ALL SCHOLARONE CONTENT AND ALL SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCUARCY AND EFFORT IS WITH USER.

WITHOUT LIMITING THE FOREGOING EXCLUSIONS, SCHOLARONE DOES NOT REPRESENT OR WARRANT THAT: (A) THE SOFTWARE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, THE WEBSITE AND THE SOFTWARE) (i) CAN BE ACCESSED BY USER WITHOUT INTERRUPTION; (ii) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS; (iii) WILL BE DELIVERED TIMELY OR SECURELY; OR (iv) IS RELIABLE; (B) ANY SCHOLARONE CONTENT IS ACCURATE OR RELIABLE OR CAN BE SAFELY DOWNLOADED TO USER’S COMPUTER HARDWARE, SYSTEMS, OR NETWORKS; OR (C) THAT THE SOFTWARE IS DESIGNED TO MEET ALL OR ANY OF USER’S BUSINESS, EDUCATIONAL OR OTHER REQUIREMENTS.

16. LIMITATION OF LIABILITY.

IN NO EVENT SHALL SCHOLARONE OR ANY SCHOLARONE PARTY BE LIABLE TO USER FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY, (A) USER’S ACCESS OR USE OF THE WEBSITE, THE SOFTWARE, ANY SCHOLARONE CONTENT, ANY SERVICES AND/OR ANY THIRD-PARTY USER SUBMISSIONS; (B) THESE TERMS OF USE; (C) THE DENIAL OR INTERRUPTION OF ACCESS TO THE WEBSITE OR THE SOFTWARE, OR USER’S INABILITY TO ACCESS OR USE THE SOFTWARE AND THE SERVICES; (D) ANY ACT OR OMISSION OF ANY THIRD PARTY USING THE WEBSITE, THE SOFTWARE OR THE SERVICES; (E) THE TERMINATION OF USER’S RIGHT TO ACCESS THE WEBSITE, THE SOFTWARE AND/OR THE SERVICES; AND (F) ANY OTHER MATTER, CIRCUMSTANCE, ACT, OR OMISSION, RELATING TO THE SOFTWARE OR THE SERVICES. THE FORGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF SCHOLARONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF USER DOES NOT AGREE WITH THESE TERMS OF USE OF IF USER SEEKS TO ASSERT ANY CLAIM AGAINST SCHOLARONE OR ANY SCHOLARONE PARTY ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, OR USER’S ACCESS AND/OR USE OF THE WEBSITE, THE SOFTWARE, ANY SCHOLARONE CONTENT, OR ANY SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, THE SOFTWARE AND THE SERVICES.

17. INDEMNIFICATION.

User agrees to, and shall, indemnify, defend, and hold ScholarOne and all ScholarOne Parties from and against any and all liability, claims, damages, fines, losses, expenses (including reasonable attorney’s fees and court costs, and the costs of enforcing this indemnity) suffered or incurred by ScholarOne or any ScholarOne Party which arise out of, relate to, or are directly or indirectly caused by (a) any breach by User of these Terms of Use, including without limitation, committing any act in violation of any of the provisions of Section 11 above; (b) a breach of any of User’s representations and warranties set forth in these Terms of Use; (c) any User Submission, including Manuscripts, uploaded, posted, e-mailed, transmitted, distributed, submitted, or otherwise made available by User via the Website or utilizing the Software or the Services; (d) any allegation, demand, or claim that any User Submission defames, slanders, or is libelous of, any person or entity; (e) any allegation, demand, or claim that any User Submission violates, misappropriates or otherwise infringes any Third Party Rights; (f) any intentional or unintentional violation by User of any applicable Law; (g) any violation by User of any Third Party Rights; and (f) the negligence, gross negligence or willful misconduct of User.

18. TERMINATION.

ScholarOne shall have the right, in its sole discretion, to terminate User’s access to the Website (or portions thereof), the Software and the Services without prior notice to User. ScholarOne may exercise such termination rights (a) in the event of a violation or breach by User of any of the provisions of these Terms of Use; (b) at the request of the Publisher or the Publication; (c) as required by applicable Law, or at the request of law enforcement or government agencies; (d) in the event of unexpected technical or security issues or problems; (e) in the event of any allegation, claim or demand that User has committed any act in violation of any Third Party Rights; (f) in the event of any act by User in contravention of any applicable Law; (g) following User’s death (if User is an individual); and (h) (i) upon the adjudication of User as bankrupt under applicable Law; (ii) the filing of any petition by or against User under the federal bankruptcy laws or the Laws of any state, country, territory or jurisdiction relating to relief of debtors, for reorganization, arrangement, or other similar relief provided therein; or (iii) the making by User of a general assignment for the benefit of creditors or the appointment of any receiver, trustee, sequestration, or similar officer to take charge of User’s business.

In addition, User’s right to access the Website (or portions thereof), the Software and the Services shall automatically terminate upon the termination or suspension of the License Agreement, or as otherwise agreed by ScholarOne and Publisher.

Termination of User’s right to access and use the Website and the Software may result in (i) the removal and deletion of User’s User Account, Registration Information and User Information; (ii) the removal and deletion of all User Submissions from the Website, the Software and the Services; and (iii) the restriction of User’s ability to access any User Submissions or Third-Party User Submissions.

ScholarOne shall have no liability to User for any termination of User’s rights to access or use the Website (or portions thereof), the Software and/or the Services.

19. TRADEMARKS AND PROPRIETARY NOTICES.

All product names, trademarks, service marks, brands, design marks, slogans, logos, designs, trade dress and trade names posted or appearing on the Website, but not limited to:

ScholarOne®
Manuscript Central™

and whether or not appearing in large print or with the trademark symbol, are trademarks of ScholarOne, unless otherwise noted (the “Trademarks”). User agrees not to display, use, remove, alter, modify or tarnish any Trademarks. Nothing in these Terms of Use shall grant User any right or license in or to any Trademarks and all use of Trademarks in connection with the display, operation and use of the Website, the Software and the Services shall inure solely to the benefit of ScholarOne, together with all associated goodwill.

In addition to the Trademarks, product names, trademarks, service marks, brands, design marks, slogans, logos, designs, trade dress and trade names owned or licensed by third parties may be displayed on the Website (“Third Party Trademarks”). User agrees not to display, use, remove, alter, modify or tarnish any Third Party Trademarks.

ScholarOne may affix or display proprietary notices on the Website or in connection with the Software, or certain ScholarOne Content or Services, including copyright notices designated by ScholarOne. User shall not remove, alter, obfuscate, or modify any such proprietary notices (including any copyright notices) from the Website or from any ScholarOne Content or Documentation downloaded or printed by User.

20. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

ScholarOne respects the intellectual property rights of others and, upon written notice thereof, will take action, as deemed appropriate in its sole discretion, to prevent User and Third-Party Users from using the Website, the Software and/or the Services in violation of the intellectual property rights of others.

Pursuant to the provisions of Section 512(c)(2) of the United Sates Copyright Act, 17 U.S.C. § 101, et seq., notifications of claimed copyright infringement should be sent to ScholarOne’s Copyright Agent as follows:

By mail:
Mr. J. Jennings, Copyright Agent
ScholarOne, Inc.
375 Greenbrier Drive, Suite 200
Charlottesville, VA 22901

By e-mail: Copyrightagent@scholarone.com

By Telephone: 434-817-2040

Such notification must comply with the provisions of Section 512(c)(2)(3) of the United States Copyright Act and contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the material claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ScholarOne to locate the material.

4. Information reasonably sufficient to permit ScholarOne to contact the party alleging infringement, such as an address, telephone number, and if available, an electronic mail address at which the party alleging infringement may be contacted.

5. A statement that the party alleging infringement has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. GENERAL PROVISIONS.

Consent to Receive Electronic Communications. User consents to receive Communications electronically from ScholarOne via the e-mail address designated by User in User’s Account Information or by the posting by ScholarOne of Communications on a section of the Website accessible by User. “Communications” are any notices, records, agreements or other guidelines, policies, or information relating to the Website, the Software, the ScholarOne Content, and the Services, including any of the foregoing that ScholarOne may be required to provide to User any applicable Law.

Hardware and Software Requirements. User acknowledges and agrees that, in order to access and use the Website, the Software, the ScholarOne Content and the Services, User must have the computer hardware and software described in the Documentation, including the Internet browser described therein. In addition, User acknowledges and agrees that User cannot fully utilize and enjoy, as intended, all of the features of the Website, the Software and/or the Services without an appropriate high-speed Internet connection. User is solely responsible, at its sole cost and expense, for procuring all necessary hardware, software, equipment and services necessary to access the Internet and to access and use the Website, the Software and the Services, including without limitation, the services of an Internet Service Provider.

Assignment. User’s User Account is not assignable or transferable, and User shall not assign or transfer any of its rights arising under these Terms of Use to any other person or entity. ScholarOne may assign any or all of its rights under these Terms of Use to any party in its sole and absolute discretion, and User will continue to be bound by these Terms of Use following any assignment thereof by ScholarOne.

Entire Agreement.

These Terms of Use constitute the entire agreement between User and ScholarOne governing User’s access and use of the Website, the Software, the ScholarOne Content and the Services and supersede any and all prior written or oral agreements, understandings or courses of dealing between ScholarOne and User.

Governing Law and Venue.

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles of any jurisdiction.

Any and all disputes, claims, actions, suits and causes of actions arising out of, or relating to, these Terms of Use, or User’s access or use of the Website, the Software or any of the Services shall be commenced and maintained solely in a federal or state court of competent jurisdiction situated in Albemarle County or the City of Charlottesville, Virginia. User hereby irrevocably consents to the exclusive jurisdiction and venue of such courts.

Waiver. No waiver by ScholarOne of any of the provisions of these Terms of Use, or the failure by ScholarOne to enforce any provision of these Terms of Use, shall be deemed a waiver of any preceding or succeeding breach of the same or any other provision hereof by User.

Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable under any statute or rule of law, the provision is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way and shall remain in full force and effect.

22. MODIFICATIONS TO THESE TERMS OF USE.

SCHOLARONE RESERVES THE RIGHT TO MODIFY AND CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE TO USER. USER IS RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS OF USE AND SCHOLARONE RECOMMENDS THAT USER REVIEW THESE TERMS OF USE PRIOR TO ANY ACCESS OR USE OF THE WEBSITE, THE SOFTWARE OR ANY SERVICES. USER’S CONTINUED USE OF THE WEBSITE, THE SOFTWARE OR ANY SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES OR MODIFICATIONS THERETO CONSTITUTES USER’S ACCEPTANCE OF, AND AGREEMENT, TO SUCH MODIFICATIONS AND CHANGES.

23. CONTACTING SCHOLARONE.

Any communication, notices or information from User concerning these Terms of Use, the Website, the Software, the Services, or any ScholarOne Content should be in writing and sent to ScholarOne as follows:

By mail:
Website Compliance Officer
ScholarOne, Inc.
375 Greenbrier Drive, Suite 200
Charlottesville, VA 22901

By e-mail: websitecompliance@scholarone.com