This JRNLclub, LLC Terms of Service Agreement (the “Agreement”) is made between JRNLclub, LLC (“JRNLclub,” “we,” “us,” or “our”) and You, (“You” or “Your”). This Agreement governs Your use of our platform.
CONTENT
1. Introduction
2. Our Service
3. Applicable Terms
4. Permissions and Restrictions
5. Submitting Content
6. Removing Content
7. Discussion Forum Agreement
8. Changes to the Service
9. Other Legal Terms
10. About this Agreement
1. Introduction
Welcome to JRNLclub!
Thank You for using our website and the features we make available to You as part of our platform (collectively, the “Service”).
2. Our Service
The Service allows You to:
- Discover, watch, and share scientific research videos;
- Engage in a forum for people to connect, inform and inspire others across the globe; and
- Support a distribution platform for original content creators.
Content Hosted on the Service
The content hosted on the Service includes videos, audio, graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by You, JRNLclub, or a third-party (collectively, the "Content”).
The Content is the responsibility of the person or entity that provides it to the Service. We are under no obligation to host or serve any Content. If You see any Content or comments hosted on the Service You believe does not comply with this Agreement, the aim and “spirit” of JRNLclub (openness of scientific research and discussion), or any law, please report it to us at contact@jrnlclub.org.
Your Service Provider
The entity providing the Service is JRNLclub a limited liability company operating under the laws of Philadelphia, Pennsylvania.
3. Applicable Terms
Your use of the Service is subject to this Agreement. Any other links or references provided in this Agreement are for informational use only and are not part of this Agreement. Please read this Agreement carefully and make sure You understand it. You cannot use the Service if You do not accept any part of this Agreement.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service. However, children of all ages may use our Service under the supervision of a parent or legal guardian. If You are under 13, You represent that You have Your parent or guardian’s permission to use the Service. Please have Your parent or guardian read this Agreement with You.
If You are a parent or legal guardian of a user under the age of 13, by allowing Your child to use the Service, You are subject to the terms of this Agreement and responsible for Your child’s activity on the Service.
Businesses
If You are using the Service on behalf of a company or organization, You represent that You have authority to act on behalf of that entity, and that such entity accepts the terms of this Agreement.
4. Permissions and Restrictions
You may access and use the Service as made available to You, as long as You comply with this Agreement and applicable law. Unless you are the legal owner of the Content or have written permission from the legal owner of the Content, downloading, copying, or selling the Content is strictly forbidden.
To the extent we choose to offer a user account option for use of the Service, any user account related to the Service can be modified or removed from the Service at our discretion, at any time, and for any reason.
The following restrictions apply to Your use of the Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except with prior written permission from us and, if applicable, the respective rights holders;
- access the Service in a way not expressly authorized by the Service, including using any automated means (such as robots, botnets or scrapers) except in the case of public search engines;
- collect or harvest any information that might identify a person (for example, usernames);
- cause or encourage any inaccurate measurements of genuine user engagement with the Service or manipulate metrics in any manner;
- use the Service to view or listen to Content other than for personal, non-commercial use.
5. Submitting Content
Content submitted to JRNLclub should conform to the following categories:
- Content uploaded by an author on a peer-reviewed biomedical paper submitting a video describing that paper
- Invited discussions on impactful work
You are legally responsible for the Content You submit to the Service.
The Content must be accurate to the best of Your knowledge and without falsified data. You may use Your Content to promote Your scientific enterprise. If You choose to submit Content, we reserve the right to not publish the Content for any reason, including (but not limited to) that the Content does not comply with this Agreement, our submission guidelines, or the law. For example, the Content You submit must not include third-party intellectual property (such as copyrighted material) unless You have written permission from that party or are otherwise legally entitled to do so.
- Rights You Grant
You retain ownership rights in Your Content. However, we require You to grant the rights listed below to us and other users of the Service.
- License to JRNLclub
By providing Content to the Service, You grant us a, non-exclusive, royalty-free, license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and our business, including for the purpose of promoting the Service.
- License to Other Users
You also grant each other user of the Service a royalty–free right to access Your Content through the Service. This license does not grant any rights or permissions for a user to make use of Your Content independent of the Service.
6. Removing Your Content
You may request to have us remove Your Content from the Service at any time for any reason. Where possible, we will remove Your Content within 3 business days of Your notification, if not sooner. You must request to have us remove Your Content if You no longer have the rights required by this Agreement. You must alert us if any of Your Content has been retracted, substantially altered or revised, or found to have been falsified.
Removal of Content by JRNLclub
We may remove or take down any Content for any reason.
Copyright Protection
If You believe Your copyright has been infringed on the Service, please send us a notice, and we will attempt to resolve the issue in a timely manner.
7. Discussion Forum Agreement
Viewers are free to comment on the discussion threads for each research video. Comments are subject to the following restrictions:
Violence and Harassment: You may not threaten violence against an individual or a group of people or glorify violence. You may not threaten or promote terrorism or violent extremism. You may not engage in the targeted harassment of someone or incite other people to do so. This includes wishing or hoping that someone experiences physical harm. You may not promote or encourage suicide or self-harm.
Hateful conduct: You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease.
Private information: You may not publish or post other people's private information (such as home phone number and address) You may not threaten to expose private information or incentivize others to do so.
Platform manipulation and spam: You may not use our Service in a manner intended to artificially amplify or suppress information or engage in behavior that manipulates or disrupts people’s experience on the Service. You may not use our Service to market a medical practice, product or service.
Impersonation: You may not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others.
Copyright and trademark: You may not violate others’ intellectual property rights, including copyright and trademark.
8. Changes to the Service
We are constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.
9. Other Legal Terms
Warranty Disclaimer
Other than as expressly stated in this Agreement or as required by law, the Service is provided “as is” and we do not make any specific commitments or warranties about the Service. For example, we don’t make any warranties about: (a) the Content provided through the Service; (b) the specific features of the Service, or its accuracy, reliability, availability, or ability to meet Your needs; or (c) that any Content You submit will be accessible on the Service.
Limitation of Liability
Except as required by applicable law, JRNLclub, its affiliates, employees, and agents will not be responsible for any damages incurred by You as a result of Your use of the Service. These damages include, but are not limited to loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages or any other damages caused by:
- Errors, mistakes, or inaccuracies on the Service;
- Personal injury or property damage resulting from Your use of the Service;
- Any unauthorized access to or use of the Service;
- Any interruption or cessation of the Service;
- Any viruses or malicious code transmitted to or through the Service by any third party;
- Any Content whether submitted by us or a user, including Your use of Content; and/or
- The removal or unavailability of any Content.
- This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
Indemnity
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless JRNLclub, its affiliates, officers, directors, employees and agents, 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; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the Service.
10. About this Agreement
Modifying this Agreement
We may modify this Agreement at our discretion and for any reason. If You do not agree to the modified terms, You should request that we remove any Content You have uploaded and discontinue Your use of the Service.
Continuation of this Agreement
If Your use of the Service ends, the following terms of this Agreement will continue to apply to You: “Other Legal Terms”, “About This Agreement”, and the licenses granted by You will continue as described under “Duration of License”.
Third-Party Links
We may contain links to third-party websites and online Services (i.e. pubmed) that are not owned or controlled by JRNLclub. We have no control over, and assume no responsibility or liability for, such websites and online Services.
We may incorporate third-party applications or programs, for example a content commenting application, as part of the Service. If so, by engaging with those third-party applications or programs, You agree to read and follow the terms of use or terms of service of those third-party applications or programs.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If You fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.