Terms of Use

Peer Evaluation's Terms of Use

Welcome to peerevaluation.org (the “Site”) conceived, developed and operated by ColDev (”Peer Evaluation”). The Site and any services provided by Peer Evaluation on or in connection with the Site (the “Services”) are provided to you individually or, if you are subscribing to the Site on behalf of an organization, the entity on whose behalf you act (“You”) subject to the following terms and conditions (the “Terms of Use”). By using or subscribing to the Site or the Services, You agree to be bound by these Terms of Use. If You do not agree to these Terms of Use, do not use the Site or the Services.

1.Changes to these Terms of Use
Peer Evaluation reserves the right to make changes to these Terms of Use by advising You of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms of Use on the Site. The changes are effective on the earlier of
(i) Peer Evaluation providing You with notice of such changes, or
(ii) 14 days after the amended Terms of Use are posted on the Site. If You do not agree to the amended Terms of Use, do not use the Site or the Services after the effective date of the amendment.

2. Privacy Policy
Peer Evaluation collects, uses, and discloses Your personal information in accordance with our Privacy Policy, which is available at http://www.peerevaluation.org/privacy-policy. By providing information to Peer Evaluation, You consent to the display of such information in accordance with the Privacy Policy.

3. Use of the Site
Effective upon Peer Evaluation’s acceptance of your request to become a registered user of the Site and provided that You continue to comply with these Terms of Use, Peer Evaluation grants to You a personal, non-assignable, license to log into and access the Site and to place content on the Site (“Your Content”). Services offered by Peer Evaluation are free of charge, while additional and optional services may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when You subscribe to such services.

4. Your Content
You are responsible for ensuring that you have the right to provide Your Content to Peer Evaluation for hosting, transmission, and publication in connection with the Site and the Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, You agree to hold harmless and indemnify Peer Evaluation for any liability arising from Your Content. By submitting Your Content to Peer Evaluation, You automatically grant, and You represent and warrant that You have the right to grant, to Peer Evaluation and its licensees an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable and worldwide licence to reproduce, copy, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works (including collections) of, incorporate into other works and otherwise use and exploit Your Content in connection with the Site and Peer Evaluation’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, advertising and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site a non-exclusive licence to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these Terms of Service. You may remove Your Content from the Site at any time. If You choose to remove Your Content, the above licences granted by You in Your Content will automatically expire within a commercially reasonable time after You remove or delete Your Content from the Services; however, You acknowledge that Peer Evaluation may retain, but not display, distribute or perform, archived copies of Your Content that have been removed or deleted. Unless otherwise stated for specific Services, Peer Evaluation does not assert any ownership over Your Content; rather, as between Peer Evaluation and You, subject to the rights granted to Peer Evaluation in these Terms of Service, You retain full ownership of all Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

5. Termination of Access
If You use the Site in any manner that is prohibited by these Terms of Service, Peer Evaluation may without notice terminate or suspend Your use of or access to the Site or the Services.

6. Changes to the Site
Peer Evaluation reserves the right to change any aspect of the Site or the Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.

7. Prohibited Use of the Site
The Site is provided to You for your personal use. You may not use the Site to engage in any unlawful activity or to infringe the rights of Peer Evaluation, its affiliates, or its users. You further agree that You will not and You will not allow Your employees or agents to:
(i) interfere with the operation of the Site or the Services, in any way or interfere with anyone's use or enjoyment of the Site or the Services, or use the Site or the Services to gain unauthorized access to other computer systems;
(ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business;
(iii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, national or international law or regulation;
(iv) impersonate any person or entity on or through the Site;
(v) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
(vi) post any content that You do not own or do not have the right to post;
(vii) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given Peer Evaluation written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability);
(viii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by Peer Evaluation or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or
(ix) disclose Your password or otherwise grant access to the Site to any third party, other than Your authorized agent, without the prior written consent of Peer Evaluation) You agree to abide by all additional rules, policies, and restrictions of which You are provided with notice that apply to any portion of the Site or the Services.

8. Operation and Maintenance of the Site
Peer Evaluation may from time to time interrupt the Site's services for regular and emergency maintenance. Where Peer Evaluation has advance knowledge of any interruption to the Site's services, Peer Evaluation will make reasonable efforts to provide advance notice to You of any such interruption.

9. Intellectual Property of Peer Evaluation
The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to Peer Evaluation. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of Peer Evaluation is expressly prohibited. © 2010-2011 ColDev. All rights reserved. “Peer Evaluation”, “Empowering scholars”, “Drive your reputation” are registered or unregistered trade-marks of Peer Evaluation. Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

10. Claims of Infringement
Peer Evaluation respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions on how to contact Peer Evaluation to report possible copyright infringement.

11. Dealing with Third Parties
Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. Peer Evaluation is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not Peer Evaluation, are responsible for compliance with all laws applicable in any such transaction or communication.

12. No Warranties and No Liability
You acknowledge and agree that the Site and the Services are provided to You on an “as is”, “without any warranties” and “without any liability” basis. The parties to these Terms of Use acknowledge and agree that this limitation on liability is reasonable in the circumstances.
PEER EVALUATION DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION. PEER EVALUATION DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PEER EVALUATION IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF PEER EVALUATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF USE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

13. Indemnity
You hereby agree to hold harmless and indemnify Peer Evaluation and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of Your misuse of the Site, Your violation of these Terms of Use, or Your infringement of any intellectual property or other right of Peer Evaluation or any other person or entity, including such activities that are carried out by any individual using Your login or password information.

14. Jurisdiction
Any dispute relating to the Site or the Services shall be exclusively governed by French law and shall be adjudicated by the Tribunaux admistratifs français (in English: French administrative courts). Nothing in these Terms of Service shall prevent Peer Evaluation from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over You or otherwise over such subject matter. Peer Evaluation makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If You choose to access the Site from such a location, You do so on your own initiative and You are responsible for compliance with local laws.

15. Entire Agreement
These Terms of Use, together with the Privacy Policy notice at http://www.peerevaluation.org/privacy-policy and any other legal notices published by Peer Evaluation on the Website, shall constitute the entire agreement between you and Peer Evaluation concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.