Terms of Use Agreements
Springerpub.com Terms of Use Agreement
This Agreement was last revised on November 11, 2015.
Welcome to springerpub.com, the website and online service of Springer Publishing (“Springer” "we," or "us"). This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Springer (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. Use of Our Service
Springer provides a place for you to learn about exciting new books and content offered by Springer Publishing, as well as interact with other Users of our Service.
2. Eligibility
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Springer.
3. Member Accounts
You do not have to register in order to visit Springer. To access certain features of the Service, though, such as interacting with other Users and making purchases, you will need to register with Springer and create a “Member” account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Springer immediately of any breach of security or unauthorized use of your account. Springer will not be liable for any losses caused by any unauthorized use of your account.
You may control your Member profile and how you interact with the Service by changing the settings in Your Account. By providing Springer your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
4. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Springer servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Springer grants the operators of public search engines revocable permission to use spiders to copy materials from springerpub.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Springer Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
Springer may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Springer’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Service are subject to change or elimination at Springer 's sole discretion. Springer reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Springer will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other Springer Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Springer shall have no liability for your interactions with other Users, or for any User’s action or inaction.
5. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content published, Springer does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Springer reserves the right, but is not obligated, to reject and/or remove any User Content that Springer believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Springer takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Springer is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Springer shall not be liable for any damages you allege to incur as a result of such User Content.
6. User Content License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Springer a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Springer’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Service. You understand and agree, however, that Springer may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
1. End User License Grant
1. Springer Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. Springer reserves all rights not expressly granted herein in the Service and the Springer Content (as defined below). Springer may terminate this license at any time for any reason or no reason.
2. Springer Software. To use the Springer Software you must have a mobile device that is compatible with the Springer Service. Springer does not warrant that the Springer Service will be compatible with your mobile device.
(1) License Grant. Springer hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Springer Software for one Springer Member account on one mobile device owned or leased solely by you, for your personal use.
(2) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Springer Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Springer Software to any third party or use the Springer Software to provide time sharing or similar services for any third party; (iii) make any copies of the Springer Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Springer Software, features that prevent or restrict use or copying of any content accessible through the Springer Software, or features that enforce limitations on use of the Springer Software; or (v) delete the copyright and other proprietary rights notices on the Springer Software.
(3) Software Upgrades. You acknowledge that Springer may from time to time issue upgraded versions of the Springer Software, and may automatically electronically upgrade the version of the Springer Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
(4) Third-Party Code. Any third-party code that may be incorporated in the Springer Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
(5) Rights Reserved. The foregoing license grant is not a sale of the Springer Software or any copy thereof, and Springer or its third party partners or suppliers retain all right, title, and interest in the Springer Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Springer reserves all rights not expressly granted under this Agreement.
(6) Government End Users. If the Springer Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Springer Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
(7) Export Control. The Springer Software originates in the United States, and is subject to United States export laws and regulations. The Springer Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Springer Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Springer Software and the Springer Service.
(8) Springer Software from iTunes. The following applies to any Springer Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Springer, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Springer as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Springer as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Springer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Springer acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Springer Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Springer and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Springer Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Springer under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Springer does not waive any rights to use similar or related ideas previously known to Springer, or developed by its employees, or obtained from sources other than you.
4. Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
5. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA
1. DMCA Notice
Since we respect artist and content owner rights, it is Springer’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Springer’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Springer to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Springer Publishing
Address: 902 Carnegie Center Drive,
Princeton NJ 08540
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Springer and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Springer’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Springer has adopted a policy of terminating, in appropriate circumstances and at Springer’s sole discretion, members who are deemed to be repeat infringers. Springer may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age and have not been previously removed from the Service, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Springer’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
- Springer may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Third-Party Links
The Service may contain links to third-party websites, advertisers, applications, services, special offers, or other events or activities that are not owned or controlled by Springer. Springer does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Springer’s Privacy Policy do not apply to your use of such sites. You expressly relieve Springer from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Springer shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless Springer and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPRINGER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SPRINGER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
SPRINGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPRINGER SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SPRINGER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPRINGER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SPRINGER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPRINGER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SPRINGER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SPRINGER HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPRINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. You understand and agree that any information you submit to the Service will be transferred to and processed in the United States. Springer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Medical Disclaimer
The Content available on the Service is not an attempt to practice medicine or provide specific medical advice. Use of the Service does not establish a doctor-patient relationship. Any health information and links on the Service, whether provided by the Company or by third parties, is provided only for your convenience. Always consult with your physician for any health related questions. If you think you may have a medical emergency, call your doctor or 911 immediately. You understand and acknowledge that if you rely on any information provided by Springer, Springer employees, other users of the Service, or any Content on the Service, you do so solely at your own risk.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Springer without restriction. Any attempted assignment in violation of the foregoing shall be null and void.
General
Governing Law
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Springer, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Springer that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York, New York, unless submitted to arbitration as set forth in the following paragraph.
Arbitration
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures
Springer may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Springer in our sole discretion. Springer reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Springer is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability
This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Springer concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Springer’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.
Connect and ExamPrepConnect Terms of Use Agreement
Welcome to Connect and ExamPrepConnect, the digital content platforms of Springer Publishing Company, LLC ("SPC" or "we"), which provides content and access to SPC’s services. These terms and conditions of use (“Terms of Use”) apply to your use of all SPC websites, applications, services and products (“Services” or individually a “Service”) that post a link to these Terms of Use. By accessing or using any of the Services you signify that you have read, understood, and agree to be bound by these Terms of Use. These Terms of Use apply to all visitors, users, subscribers, authorized users, and others who access SPC services ("Users", "you" or "your").
Terms of Use
These Terms of Use incorporate SPC’s Privacy Policy (as defined below), as well as the terms of any subscription agreement that may exist between you and SPC. To the extent there is a conflict between these Terms of Use and your subscription agreement, the terms of your subscription agreement will control your use of SPC’s Services. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Services.
The Services
The Services are intended solely for Users who are eighteen (18) years of age or older, or otherwise are of the age of majority in their respective state or country. If you are a minor under eighteen (18), you may use the Services only with involvement of a parent, teacher, or legal guardian. Any registration, use or access to the Services contrary to these terms is strictly prohibited and may result in termination of your access to the Services.
The Services, including the text and graphics that appear on the Services, are owned by or licensed to SPC, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Unless otherwise permitted in accordance with these Terms of Use, you agree not to (i) copy, modify, translate, alter, amend, download, archive, transmit, post, broadcast, transfer, forward, assign, reproduce or in any other way disclose, repost or disseminate any part of the content made available on the Services on third party web sites, or in any other medium without the prior written consent of SPC. Users cannot re-sell to third parties or prepare derivative works of any content made available on the Services.
Allowed Uses
Users may print or download individual journal articles, book chapters and graphics provided on the Services solely for their personal, clinical, educational, or research use, provided it is for non-commercial use. Such use may not compromise the authors’ rights and must adhere to copyright and citation rules. Such materials may only be printed directly from the Services and may not be resold or reproduced for sale. SPC's copyright statement must be clearly visible on all printed materials.
We reserve the right to limit or suspend your use of the Services by electronic self-help or other means and without notice, if we believe you have committed a breach of security or violated these Terms of Use. SPC reserves all its rights in the Services not expressly granted to you by these Terms of Use.
Updates and Discontinuation
SPC may update, modify or replace the Services or its content at any time. SPC reserves the right to discontinue access to the Services at any time for any reason. SPC will provide at least thirty (30) days' notice of discontinuation.
Content Submission Restrictions
You are solely responsible for any Content that you submit, post or transmit on the Services. SPC reserves the right to delete or remove any user-posted content which it deems inappropriate or offensive and terminate the user account as a result.
Third-Party Links
The Services may contain links to third-party websites and apps, advertisers, applications, services, or other information that are not owned or controlled by SPC. SPC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or app from the Services, you do so at your own risk, and you understand that these Terms of Use and SPC’s Privacy Policy do not apply to your use of such sites. You expressly relieve SPC from any and all liability arising from your use of any third-party website or app, service, or content.
Subscriber Accounts
When creating your subscription account for the Services, you agree to provide current, complete, and accurate information as required by SPC and in accordance with your subscription agreement. You are responsible for all activities that occur under your account. Your account may be accessed and/or used solely by you as the subscriber and in accordance with your respective subscription agreement. You agree to notify SPC immediately of any unauthorized use of your account or any other breach of security. SPC will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by SPC or another party due to someone else using your account. You may not use anyone else's account at any time. Please refer to your respective subscription agreement for the terms regarding the use of your account for the Services.
Privacy
These Terms of Use incorporate the entirety of the SPC's Privacy Policy, https://www.springerpub.com/privacy. By using the Services, you are consenting to have your personal data collected, used, transferred to and processed in the United States. Security SPC has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
No Unlawful Use
You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or the terms of the subscription agreement you have with SPC. You may not use the Services in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to any server related to the Services, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Services.
You further agree not to engage in the use of any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the SPC's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SPC grants the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by SPC; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
SPC may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in SPC's sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. All aspects of the Services are subject to change or elimination at SPC's sole discretion.
Medical Disclaimer; Warranties
The content available on or through the Services is not an attempt to practice medicine or provide specific medical or clinical advice. Use of the Services does not establish a clinician-patient relationship. Always consult with your practitioner for any health-related questions. If you think you may have a medical emergency, call your practitioner or 911 immediately. You understand and acknowledge that if you rely on any information provided by SPC, SPC employees, other Users of the Services, or any content on or available through the Services, you do so solely at your own risk.
NEITHER SPC, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF THE SERVICES (COLLECTIVELY, THE "SPC ENTITIES") MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, WHICH ARE PROVIDED "AS IS", OR WITH RESPECT TO THESE TERMS OF USE. THE SPC ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND CONTENT ON THE SERVICES.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by applicable law. the Services may include technical inaccuracies or typographical errors. SPC has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services on any particular device or communications service. SPC has no obligation to provide you with notice of any such changes, and SPC is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Services, except as provided by your subscription agreement with SPC, if applicable.
Limitation of Liability
IN NO EVENT WILL SPC OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE SPC ENTITIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES, EVEN IF THE SPC ENTITIES OR SUCH OTHER RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SPC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless SPC and its affiliates, SPC's and such affiliates' principals, directors, officers, employees, agents, representatives, successors and/or assigns from and against any and all actions, causes of action, suits, damages, liabilities, claims, and expenses, including attorneys' fees, of whatever kind or nature, at law or in equity, directly or indirectly, arising out of or in any way related to (i) your violation of these Terms of Use; (ii) your use of and access to the Services, including any data or content transmitted or received by you; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code. SPC and its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPC and/or its affiliates in asserting any available defenses.
Amendments; Modifications
SPC may modify and amend these Terms of Use, including our Privacy Policy, from time to time by notifying you, provided that no notice shall be required for non-substantive changes to these Terms of Use. If we substantively amend these Terms of Use, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms of Use or any future Terms of Use, do not use or access (or continue to access) the Services.
Intellectual Property
The text, images, trademarks, copyrights and other materials and information contained, displayed or accessible on the Services is owned or licensed to SPC and may not be used for any purpose beyond the uses permitted herein without the prior written permission of SPC. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. SPC expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised. SPC reserves the right, without further notice, to pursue to the fullest extent allowed by law any and all criminal and civil remedies for the violations of its rights throughout the world. Without limiting any of the foregoing, your access to the Services may be terminated by SPC in the event that you infringe on any intellectual property rights or otherwise breach these Terms of Use. For permission to use any trademarks or photocopy and/or use any information contained in the Services beyond the uses permitted herein, please contact [email protected].
DMCA Notice
Since we respect content owner rights, it is SPC’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify SPC’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit SPC to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Springer Publishing Company, LLC 902 Carnegie Center Drive, Princeton NJ 08540
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SPC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SPC's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, SPC has adopted a policy of terminating, in appropriate circumstances and at SPC's sole discretion, members who are deemed to be repeat infringers. SPC may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
General Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPC without restriction. Any attempted assignment in violation of the foregoing shall be null and void.
Governing Law
You agree that: (i) The Services are based solely in New York; and (ii) the Service is a passive one that does not give rise to personal jurisdiction over SPC, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and SPC that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York, New York, unless submitted to arbitration as set forth in the following paragraph.
Arbitration
For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures
SPC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services as determined by SPC in our sole discretion. SPC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use. SPC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability
These Terms of Use, together with any amendments and any agreements referenced herein, shall constitute the entire agreement between you and SPC concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SPC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Contact
Please contact us at [email protected] with any questions regarding these Terms of Use.
Current as of September 2023.