Last updated: 22 November 2023
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Third Party Content
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Intellectual Property Rights
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Maintenance of the Site
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- You may terminate your registration at any time without stating reasons. Notice of termination should be made to the email address provided in clause 2.3 of the Terms.
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- You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree you own all rights to the User Content you post or otherwise control sufficient rights to grant the rights you grant by these Terms; that the User Content is accurate; that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through the Site any User Content that: (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, deceptive, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) gives the impression that it emanates from or is endorsed by us or any other person or entity, if that is not the case; or (iv) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit any video content through the Site, you further represent, warrant and agree that you have the written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You may not upload commercial content onto the Site. You may not re-submit any User Content or other material or applications which have previously been removed.
- You grant to us a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform your User Content (including any name, voice, and likeness contained in User Content) throughout the world in any media now known or hereafter invented, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. You will retain any ownership rights you may have in the materials you submit, subject to the licenses granted to us in these Terms. You also understand and agree that users of the Site who may access the User Content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your User Content. By submitting your User Content, you warrant that you have the right to grant this license. Any such User Content is deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content.
- We have the right but not the obligation to review User Content before or after it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section. If you have any concerns about any User Content, please contact us as set out in Clause 2.3.
We have the right to: (i) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, could create liability for us, might adversely affect our reputation or goodwill, or should be taken down for any other reason determined at our discretion; (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; (iv) terminate or suspend your account or your access to all or part of the Site for any or no reason; and (v) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. Any User Content which is deleted by us will no longer be available to you. Deleted User Content may be stored by us in order to comply with certain legal obligations and in such circumstances may not be retrievable without a valid court order. We exclude liability for actions taken under this clause. The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate in respect of any content which we determine is in breach of these Terms.
- For the avoidance of doubt, where we suspend or terminate your account or otherwise prevent your access to the Site, if you have contributed User Content, we may continue to publish or use any User Content provided by you in accordance with the Terms and any other Additional Terms applicable to the Site.
- By submitting User Content to the Site, you waive, and agree not to bring at any time, any claims of any type whatsoever against Springer Nature Limited or its affiliates, or their officers, directors, employees, contractors, agents, licensors or suppliers in any way arising from or relating to the submitted User Content, including without limitation any claims asserting: (i) infringement of rights of publicity or misappropriation of likeness or image; (ii) invasion of privacy; (iii) false light (such as any allegedly false or misleading portrayal of you); (iv) infliction of emotional distress (whether intentional or negligent); (v) breach of contract; (vi) copyright or trademark infringement; (vii) defamation; (viii) fraud; or (ix) false designation of origin.
- We may from time to time provide interactive services on any Site, including (without limitation) chat rooms, bulletin boards and other forums ("Interactive Services").
- The use of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any Interactive Services that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Services should be made aware of the potential risks to them.
- We are under no obligation to oversee, monitor or moderate any interactive service we provide on any Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of https://communities.springernature.com/community-policy.
- Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered.
- If you have any concerns about any Interactive Services, please contact us as set out in Clause 2.3.
Representations and Warranties; Disclaimer.
- You represent that you: (i) have the right and authority to enter into these Terms, and if you do so on behalf of an entity, to bind that entity, (ii) are fully able and competent to satisfy the terms, conditions, and obligations herein, (iii) your use of the Site is and will be in compliance with all applicable laws, and (iv) you have read, understood, agree with, and will abide by these Terms.
- WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IF YOU ARE A CONSUMER RESIDENT IN THE UK, PLEASE NOTE THAT UK LAW PROVIDES THAT IF YOU CAN SHOW THAT A FAULT WITH OUR DIGITAL CONTENT HAS DAMAGED YOUR DEVICE, AND WE HAVE NOT USED REASONABLE CARE, AND SKILL, YOU MAY BE ENTITLED TO A REPAIR OR COMPENSATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
- IF YOU ARE A CONSUMER RESIDENT IN THE UK WE SHALL USE REASONABLE SKILL AND CARE IN PROVIDING THE WEBSITE SUBJECT TO AND IN ACCORDANCE WITH THESE TERMS, BUT WE SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR COSTS IN RELATION TO THE WEBSITE: (A) DUE TO YOUR OWN FAULT; (B) DUE TO A THIRD PARTY UNCONNECTED WITH OUR OWN PERFORMANCE; (C) DUE TO ANY OTHER EVENTS WHICH ARE OUTSIDE OUR OR OUR SUPPLIERS' CONTROL EVEN IF WE OR THEY HAVE TAKEN REASONABLE CARE; OR (D) THAT ARE NOT REASONABLY FORESEEABLE BY YOU AND US AT THE TIME OF ENTERING INTO THESE TERMS. AS YOU ARE USING THE WEBSITE IN A PRIVATE CAPACITY WE SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR BUSINESS-RELATED LOSS, DAMAGE OR COSTS SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY TO YOU OR ANYONE ELSE IN RELATION TO THE WEBSITE FOR DEALTH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
- THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (i) TWENTY FIVE DOLLARS (US $25.00) OR (ii) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE SITE.
You agree to indemnify, defend and hold harmless us and our affiliates, and our officers, directors, members, employees, contractors, agents, licensors, suppliers, and assigns from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms or your use of the Site. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent legally required, such that the remaining provisions of the Terms will continue in full force and effect.
Jurisdiction and Applicable Law
These Terms are governed by the law of England & Wales, and you and we agree to submit to the non-exclusive jurisdiction of the English & Welsh courts. This means that if you or we are able to bring a legal action relating to these Terms we can do this in a court located in England & Wales, but you or we may also bring an action in another country if this is accepted by its courts. If you are a consumer in the UK or the EU such a court is likely to be your country of residence and although English & Welsh law will still apply it will be subject to any mandatory local law applicable in your country.
If you are not happy with the way we deal with any disagreement then you and we may agree to refer the matter to mediation but you and we are not restricted from bringing court proceedings.
We do not engage in out-of-court settlements before consumer arbitration bodies. However, under the regulation (EU) 524/2013 we are obliged to inform you that the European Commission provides a platform for online dispute resolution, which is available at http://ec.europa.eu/consumers/odr/.
You may not assign your rights or obligations under these Terms to anyone.