CDRXIV Terms of Use

Effective as of November 15, 2024

1. General Information Regarding These Terms of Use

Welcome, and thank you for your interest in CDRXIV, a preprint and data sharing service offered by CarbonPlan (“CarbonPlan,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service hosted by CarbonPlan, these CDRXIV Terms of Use (“CDRXIV Terms”) apply to your use of the CDRXIV website (https://cdrxiv.org), websites that link to these CDRXIV Terms (including https://github.com/cdrxiv), (collectively, the “Websites”), and the services we provide through our Websites and/or host on our servers, including without limitation the CDRXIV preprint and data sharing service (collectively, the Websites, and the services available through them are referred to as the “Services”). Please note that this policy does not apply to CarbonPlan’s website or other CarbonPlan projects. For CarbonPlan’s terms of use, please see https://carbonplan.org/terms.

Additional terms: In addition to the CDRXIV Terms, your use of any Services may also be subject to specific terms applicable to a particular Service, including terms applicable to Services powered by our third-party service providers (“Additional Terms”). Our Privacy Policy, available at https://cdrxiv.org/privacy-policy, is one of the Additional Terms that applies to the Services, and it is hereby expressly incorporated by reference into these Terms. If there is any conflict between the Additional Terms and the CDRXIV Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The CDRXIV Terms, together with any Additional Terms (including our Privacy Policy), form a binding legal agreement between you and CarbonPlan in relation to your use of the Services. Collectively, this legal agreement is referred to herein as the “Terms.”

2. Your Agreement to the Terms

BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I AGREE” or otherwise accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

You represent and warrant that you are the age of majority in your jurisdiction (typically age 18). If you are not, then you may not use the Services.

3. Changes to the Terms

From time to time, CarbonPlan may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and/or notify you via email if you have a current account. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

4. Content Available through the Services

Provided as-is: You acknowledge that CarbonPlan does not make any representations or warranties about material, data, or information, such as data files, text, articles, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is CarbonPlan liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

Licensing of CarbonPlan-Owned Content: The Services, including any text, graphics, images, HTML code, interfaces, and other materials comprising the Services, are owned by, or licensed to, CarbonPlan, and are protected by copyright, trademark, and various other intellectual property rights. You may not copy, modify, distribute, publicly display, or publicly perform the Services, or any portion thereof, except as expressly permitted by law, by these Terms, or by an applicable license (such as a public license that may apply to portions of the Services).

Licensing of Third Party Content: We may link to or publish content, information, tools, data, and/or software on our Websites that belong to or originate from third parties (the “Third Party Content”). We may indicate on the Websites which licensing terms we believe apply to such Third Party Content, but we cannot guarantee that such indications are accurate. You agree to independently verify the terms of the license and other copyright and attribution information associated with any Third Party Content you intend to use. You agree that you are solely responsible for your use of Third Party Content made available through the Services, including independently verifying the license that applies to such Third Party Content, and complying with such license, including by providing proper attribution when required. You should review the terms of the applicable license before you use any Third Party Content so that you know what you can and cannot do.

5. Content Supplied by You

You retain ownership of Your Content. As between you and CarbonPlan, you remain the owner of all Content that you post, submit, or otherwise share with, on or through the Services (“Your Content”), subject to the licenses set forth herein, and any other licenses you may have applied to Your Content.

Your responsibilities and warranties: You represent, warrant, and agree that: (i) none of Your Content violates or infringes upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, or other personal or proprietary rights; breaches or conflicts with any obligation, such as a confidentiality obligation; or contains libelous, defamatory, or otherwise unlawful material; (ii) you have all rights necessary to grant the licenses specified herein, and you will prominently and accurately mark Your Content with licensing and other applicable permission status and attribution information; (iii) you are either the sole author of Your Content, or each of the authors and owners of Your Content, have fully authorized you to enter into these Terms and to submit and license Your Content to us; (iv) all information you provide during the submission process or otherwise in connection with Your Content is complete and accurate; (v) Your Content contains nothing that breaches a duty of confidentiality or discloses any private or personal information of any person without that person’s consent; (vi) all data concerning human subjects is securely de-identified; (vii) all statements contained in Your Content are true and correct; (viii) all research involving humans or animals conforms to ethical guidelines and has been approved by the relevant ethics committee(s) and/or institutional review board(s); (ix) you have submitted true and accurate conflict of interest statements, including a description of relevant funding grants; (x) all information provided about your and any other person’s identity, qualifications, and academic or business positions/affiliations is complete and accurate; and (xi) you are solely responsible for Your Content.

CarbonPlan publishes information in its sole discretion. CarbonPlan reserves the right at any time to reject submitted Content and refrain from posting it on the Services, to remove it from the Services, to publish retraction notices, and to take other editorial actions, in its sole discretion.

Licensing Your Content to Us: If you contribute Your Content (which includes, without limitation, any software, article, post, code, content, data, suggestion, feedback, or any other information) to CDRXIV, including through the Services, you will and hereby do, grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, sublicensable license to copy, modify, distribute, publicly display and publicly perform Your Content - and to use the name, likeness, photograph, ORCID, publication history, institutional affiliation, and biographical information of you and all authors of Your Content - in all forms of media for the purpose of providing and marketing the Services, including without limitation analyzing Your Content, making production, archival and backup copies, improving the Services over time, and sharing Your Content with other users and the public through our own media and websites, through our services that are hosted and/or powered by third parties (for example, Janeway (https://janeway.systems), which hosts articles; Zenodo (https://zenodo.org/), which hosts data; and our Github (https://github.com) repository), and through third-party services, such as social media.

Licensing Your Content to Other Users: If you submit Your Content to the Services and CarbonPlan enables you to publish or share Your Content through the Services, you grant to all users of the Services (including our volunteer reviewers) a worldwide, nonexclusive, perpetual, irrevocable, royalty-free license to view, display, and comment on (privately or publicly) Your Content, and to make a small number of copies of Your Content as needed to facilitate such viewing, display and commentary, but such license does not give such other users the right to sell, reuse, remix, adapt, or publicly distribute Your Content, except as supported by the functionality of the Services. For clarity, nothing in these Terms is intended to limit or narrow any right that users may have to use Your Content consistent with copyright exceptions and limitations, such as the fair use doctrine. If you contribute Your Content to any portion of the Services that requires you to, or in which you elect to, grant a specific additional license to other users, such as a public (e.g., open source) license, you will and hereby do grant that license to us, to the public, and to the other users of the Services. By way of example, when you submit an article and/or data to the Services, you may be offered the opportunity to apply one or more public licenses (such as CC-BY, the MIT License, etc.) to it. If you do so, then all users, and the public generally, may use your submission under the license you have applied.

Posting, Removal: CarbonPlan may, but is not obligated to, permit you to publish or share Your Content on the Services. CarbonPlan may, but is not obligated to, review Your Content and may delete or remove Your Content, without notice, from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or CarbonPlan) does not revoke any of the licenses you have granted herein.

6. Registered Users

Registration: If we make available the opportunity to register for any of the Services, you agree to (a) only provide accurate and current information about yourself, and any organization on whose behalf you may be registering, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

Termination: CarbonPlan reserves the right to modify or discontinue your access, account, or your membership in any Service at any time for any reason or no reason at all.

7. Volunteer Reviewers

We depend on volunteer reviewers to screen articles and data, and are grateful for your participation. If you are accepted as a volunteer reviewer, you agree to abide by these Terms. We will invite you to register for various Services, such as our Slack channel, where you can discuss submissions with other volunteers. As a volunteer reviewer, you may make recommendations to CarbonPlan, but all publication and editorial decisions shall be in CarbonPlan’s sole discretion. As a volunteer reviewer, you agree to conduct yourself professionally at all times. You agree to treat all non-public data and information you have access to in your volunteer capacity as confidential, and to use and/or disclose it only as necessary to perform your official volunteer duties. We reserve the right to revoke your volunteer status and access at any time, for any reason or no reason.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

A. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

B. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

C. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

D. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful or potentially harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;

  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about third parties on or through the Services.

E. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;

  • You may not use or attempt to use another’s account or personal information without authorization; and

  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) ON AN AS-IS AND AS-AVAILABLE BASIS, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARBONPLAN DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CARBONPLAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARBONPLAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARBONPLAN BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CARBONPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless CarbonPlan, its employees, officers, directors, affiliates, service providers, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with the Services or any Content, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.

12. Trademarks

CarbonPlan’s name and logo, the CDRXIV name and logo, and the names and logos of various Services offered by CarbonPlan, are trademarks of CarbonPlan. Because of the likelihood of confusion, you may not use any of our trademarks in a domain name, in the name of your software project, to describe any CarbonPlan Content that has been modified by a party other than CarbonPlan, or for any other purpose without our express written permission. For clarity, you do not need our permission to use the CarbonPlan name, or the names of our Services, for purely nominative fair uses (e.g., to refer to CarbonPlan as an organization, or to refer to an unmodified version of the CDRXIV Service), provided that such use does not imply endorsement by or association with CarbonPlan.

Other trademarks used on the Services are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.

13. Copyright, Trademark Complaints

CarbonPlan respects intellectual property rights, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s intellectual property rights.

To report allegedly infringing Content hosted on a website owned or controlled by CarbonPlan, including https://www.cdrxiv.org or https://github.com/cdrxiv, send a Notice of Infringing Materials to our Designated Agent, containing each of the following:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);

  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;

  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

  6. Your physical or electronic signature.

Our Designated Agent may be reached at:

Laurence S. Donahue, Esq.
Law 4 Small Business (L4SB)
6801 Jefferson St. NE, Ste. 220
Albuquerque, NM 87109
LegalResponseTeam@L4SB.com

14. Termination

By CarbonPlan: CarbonPlan may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason or no reason. Additionally, your individual access to, and use of, the Services may be terminated by CarbonPlan at any time and for any reason or no reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services automatically terminates upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for three years after termination.

15. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between CarbonPlan and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

Assignment: You may not assign or otherwise transfer these Terms, in whole or in part, without the prior written consent of CarbonPlan. CarbonPlan shall be free to assign or otherwise transfer these Terms, in whole or in part, without your consent.

Successors and assigns: These Terms are binding on and inure to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.

Amendments. No amendment to, or modification of or rescission, termination, or discharge of these Terms is effective unless it is in writing, identified as an amendment to or rescission, termination, or discharge of these Terms, and signed by an authorized representative of both you and CarbonPlan.No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and CarbonPlan as a result of the Terms or from your use of any of the Services.

Integration: These CDRXIV Terms and any applicable Additional Terms (including our Privacy Policy) constitute the entire agreement between you and CarbonPlan relating to this subject matter and supersede any and all prior communications and/or agreements between you and CarbonPlan relating to access and use of the Services.

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