Terms of Service
1. Acceptance of the Terms of Service
Welcome to Editologic, LLC (a.k.a. “we” or “us” or the “Company”). Thank you for your interest in our company and the services we offer. The following terms and conditions (collectively, these “Terms of Service”) apply to your use of Editologic, LLC including any content, functionality, and services offered on or via Editologic, LLC (the “Website”). Please review the Terms of Service carefully before you start using Editologic, LLC, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you cannot use this Website, but please email us. We will be happy to work with you to resolve any concerns.
2. Changes to the Terms of Service and the Website
Editologic, LLC reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Editologic, LLC, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
We are always working to improve Editologic, LLC, but we cannot guarantee that the Website will be accessible at all times. We also reserve the right to suspend or restrict access to any features to any user at any time. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
4. Purchase of the Editologic, LLC Services
If you agree to pay the fee for access to Editologic, LLC professional editing services, such fee will be charged by the company designated by Editologic, LLC in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Editologic, LLC Website are inclusive of any applicable sales taxes and fees. Editologic, LLC accepts a variety of different payment methods, so please check the Editologic, LLC Website for the best way for you to pay.
Editologic, LLC may change the prices for Editologic, LLC professional editing services from time to time. In respect of the Editologic, LLC professional editing services, such price changes will take effect after the expiry of the then currently paid professional editing services (i.e. the professional editing services that you have already paid for).
6. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Editologic, LLC is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee the publication of manuscripts that have utilized Editologic, LLC professional editing services. The decision to accept or reject manuscripts submitted for publication is exclusively at the discretion of the editors employed by the journal. We are not liable for damages, direct or consequential, resulting from your use of the Company services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information. You are solely responsible for any damage to your computer system or loss of data that results in the downloading of any files regarding the editing service or any external links available on the Website.
7. Term and termination
This Agreement will become effective in relation to you when start using the Editologic, LLC Website. Editologic, LLC reserves the right to terminate this Agreement or suspend your use of Editologic, LLC Website at any time in case of unauthorized, or suspected unauthorized use of the Editologic, LLC Website whether in contravention of this Agreement or otherwise. If Editologic, LLC terminates this Agreement for any of the reasons set out in this section, Editologic, LLC shall have no liability or responsibility to you, and Editologic, LLC will not refund any amounts that you have previously paid.
8. Intellectual property
Editologic, LLC respects intellectual property rights, and expects you to do the same. The Editologic, LLC Website and the content provided through the Editologic, LLC Website is the property of Editologic, LLC and is protected by U.S. and international copyright laws, and you do not have a right to use the Editologic, LLC website (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Editologic, LLC website. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Editologic, LLC website.
9. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Editologic, LLC Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Editologic, LLC’s designated copyright agent at the following address: Editologic, LLC Attn: Legal Department, Copyright Agent, 2801 Barton Poitn Drive, Austin TX, 78733. A notification of claimed copyright infringement must be addressed to Editologic, LLC’s copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; specific identification of each copyrighted work claimed to have been infringed; a description of where the material believed to be infringed is located on the Editologic, LLC website (please be as detailed as possible and provide a URL to help us locate the material you are reporting); contact information for the complaining party, such as a complete name, address, telephone number, and email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Technology limitations and modifications
Editologic, LLC will make reasonable efforts to keep the Editologic, LLC website and associated professional editing services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Editologic, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, functions and features of the Editologic, LLC website with or without notice.
Editologic, LLCmay assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
12. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
14. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and Editologic, LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Editologic, LLC website and associated professional editing services or your use thereof, including our Agreement, shall first try to be resolved privately for a period of 60 days. If, after this time, a resolution cannot be reached, any dispute, claim or controversy shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Editologic, LLC are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by this Agreement, and as administered by the AAA. ii. You and Editologic, LLC agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Editologic, LLC website are NOT subject to mandatory arbitration. Instead, you and Editologic, LLC agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Austin, Texas, and that applicable Texas and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND Editologic, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Editologic, LLC. Any arbitration costs or fees deemed “excessive” will be paid by Editologic, LLC. v. You and Editologic, LLC agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Editologic, LLC further agree that applicable laws of the State of Texas shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Austin, Texas.
15. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2018 Editologic, LLC and its affiliates. All rights reserved.
2801 Barton Point Drive
Austin, Texas, 78733
[This document was created from https://www.docracy.com/5890/terms-of-service-for-a-website-and-web-based-service]