Terms of Use

These terms (the “Terms”) describe the rights and responsibilities that apply to use of the website at www.readcube.com, www.papersapp.com, www.papers.ai and associated domains (the “Site”), and the products and services made available in connection with the Site, including SmartCite, and other related apps and browser extensions (together with the Site, “Service” or “ReadCube” as further defined below). Please read them carefully.

By accessing or otherwise using the Site or any other part of ReadCube, you agree to be bound by these “Terms” as part of a legally binding contract to the exclusion (to the maximum extent permitted by applicable law) of all other terms and/or conditions which you may purport to apply, including under any purchase order or similar document, even if they do not explicitly contradict.

Some Introductions

About Us

ReadCube is operated by Digital Science & Research Solutions Inc (“Digital Science”), a Delaware corporation with offices at 625 Massachusetts Ave, Cambridge, MA 02139, USA.

About You

If you are accessing or otherwise using any part of ReadCube (and thereby agreeing to these Terms) as an individual, you must be at least 16 years old and otherwise of legal age to form a binding contract. If you are acting on behalf of an institution, business, organization, agency or other entity (an “Organization”), you must ensure that: (i) you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization, and (ii) any individual or entity to whom you provide access to ReadCube is made aware of and complies with these Terms. In that case, “you” and “your” in these Terms shall refer to the Organization you represent. In all cases, you may not use ReadCube if not permitted by any export control or other applicable law, including because you are based in a sanctioned country or are on a sanctions list.

About ReadCube

You acknowledge that ReadCube is owned by or licensed to Digital Science and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, database rights, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties (“Proprietary Rights”). In particular, you acknowledge that the Site and other parts of ReadCube, including its underlying databases, are protected by copyright as collective works and/or compilations pursuant to copyright and database laws.

Nothing in this Agreement shall operate to transfer any Proprietary Rights in any part of ReadCube or give rise to any implied rights. You agree: not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in ReadCube or in relation to any content accessed via ReadCube; and to abide thereby.

Reference to “ReadCube” or “Service” in these Terms includes associated documentation, databases, apps, browser extensions and APIs, and other sites and tools that refer to these terms, provided or operated by or on behalf of Digital Science, as the context permits. It also includes content owned by or licensed to Digital Science and/or its affiliates that is included or made available by Digital Science as part of ReadCube, including data that is retrieved from its proprietary databases, but specifically excludes User Content.

Using ReadCube

Acceptable Use

ReadCube is provided only for the purposes expressly provided herein, which for free services shall be limited to your own, non-commercial, internal and personal use, and for paid services shall extend to your own, internal business use (which, for the avoidance of doubt, would not include the right to re-sell or commercialize access), at all times subject to these Terms. Digital Science reserves all rights in respect of ReadCube not expressly granted, and you shall not otherwise use any part of ReadCube without the prior and express written agreement of Digital Science.

By way of example, and not as a limitation, you shall not do, or assist, encourage or permit any person to do, any of the following in respect of any part of ReadCube (directly or indirectly):

• sell, rent, lease, license, loan or commercialize, nor give access to or use for the benefit of any other person, in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or in any way that results in outputs, models or other developments that are accessed or otherwise used for any such purpose or in any such way. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”, run any form of auto-responder or “spam” or use in connection with any unsolicited communication, advertising or similar;
• introduce, or otherwise facilitate the spread of, spyware, virus, malware or other potentially harmful component, information or instructions, including (without limitation) those that are intended to obtain unauthorized access to any information, system or other resource;
• attempt to bypass any measure intended to prevent or restrict access or use (including digital rights management technologies), make use of any means of access not made available for that purpose (including via accounts, computer systems or networks connected to ReadCube) or probe, scan, or test for vulnerabilities;
• access or use any non-public area / content or shared area you have not been legitimately authorized to access;
• distribute, give or allow access to or otherwise make available to any other person, or frame, mirror, overlay or employ other technologies used to enclose, display or similar;
• copy, save to the extent necessary for viewing any content on ReadCube in your browser or where specifically made available for export or download, for that purpose;
• modify, translate, adapt or create derivative works;
• use to benchmark against any other products or services, or other types of competitive analyses, except as expressly authorized by us in advance in writing on a case-by-case basis;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given Digital Science prior notice;
• use to benchmark against any other products or services, or other types of competitive analyses, except as expressly authorized by us in advance in writing on a case-by-case basis;
• anything that infringes, violates or makes unauthorized use (or causes the infringement, violation or unauthorized use) of any patent, trademark, trade secret, copyright, right of privacy or other right of any other person;
• anything that breaches, causes the breach, or promotes or encourages the breach of, any applicable law or regulation;
• anything (including using the Services to generate any content that is) unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane, fraudulent or known to be false or misleading;
• anything that could result in any claim or action against Digital Science or affiliates, or damage their goodwill or reputation in any way.

Additionally, you must not take any action that imposes or may impose (as determined by Digital Science in its sole discretion) an unreasonable or disproportionately large load on Digital Science (or its third party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of ReadCube or any activities conducted on ReadCube. Without limiting that discretion, Digital Science may determine unreasonable usage by comparing your activity for any given period against the average for all equivalent users of the relevant part of ReadCube.

Registration

You may browse the Site without registering, but as a condition to using certain parts of ReadCube, for example to create a library or annotate content, you may be required to register with Digital Science and select a password and user ID (“User ID”). You must not: (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive or obscene. Digital Science reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and maintaining the confidentiality of any password or other access credentials. You shall not: (i) impersonate or try to impersonate another person; (ii) disclose your password or access credentials to anyone else; (iii) allow anyone else to use your account; or (iv) use anyone else’s account. You must immediately notify Digital Science in writing of any unauthorized use of your account, or other account related security breach of which you become aware.

You represent that all information you provide to Digital Science is accurate and truthful and that you will maintain the accuracy and truthfulness of such information by any feature we make available for that purpose or otherwise by notifying Digital Science in writing.

Individual and Group Accounts at ReadCube

For certain Services, users may create individual accounts via the Site. For certain paid-for Services, such as those intended for use by academic or research groups, we may allow for accounts to be purchased in bulk as part of our group plans. If you make such a purchase, you are free to allocate the accounts on a ‘named user basis’. All such accounts will be valid for the 12-month period (or such other period as may be specified at the point of purchase) commencing on the activation date of the account under which you make the bulk purchase (the “Group License Period”). While you won't have any privileged access rights in respect of the individual accounts, even though you've paid for them to have premium features, they're linked on our systems - this means you can withdraw the paid-for license rights you've allocated to one account and transfer them to another. You may also purchase additional accounts at any time; however these will be chargeable at the then-prevailing price (pro-rated if the purchase is made part way through the Group License Period), which may be in excess of the original price paid.
All accounts auto-renew for additional 12 month periods (each a “Renewal Period”) on an annual basis unless cancelled by you in your account settings or in writing to [email protected] not less than thirty (30) days in advance of the date of renewal (or such shorter period as we may allow).

Enterprise Accounts at ReadCube

ReadCube operates enterprise accounts ("Enterprise Accounts") to help organizations (the “Enterprise Account Owner”) support research within their organization.
The Enterprise Account Owner has separately agreed to these terms or entered into a written agreement with us (in either case, the “Contract”) for the set-up of an Enterprise Account so that you and others could join (each invitee granted access to ReadCube, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to the Enterprise Account Owner, who may then invite or otherwise allow Authorized Users to join its Enterprise Account. Enterprise Accounts may be used for the internal business purposes of the Enterprise Account Owner or as otherwise described in the Contract.

YOU EXPRESSLY ACKNOWLEDGE THAT THE ENTERPRISE ACCOUNT OWNER WILL HAVE FULL ADMIN RIGHTS OVER THE ENTERPRISE ACCOUNT AND ACCESS TO / CONTROL OVER THE DATA YOU PROVIDE AS PART OF THE READCUBE REGISTRATION PROCESS ("ACCOUNT DATA") AND CONTENT YOU ADD TO YOUR READCUBE LIBRARY OR OTHERWISE SUBMIT. For example, the Account Owner may enable or terminate your access to the Enterprise Account, track usage, and configure sharing settings. Accordingly, you should review the Enterprise Account Owner’s policies before using an Enterprise Account. If you have any questions about those policies, you should discuss them with the Enterprise Account Owner. In addition to those policies, you must comply, in particular, with the "User Content" section below.

Prices, Payments and Tax

Although parts of ReadCube may be made available for free to certain users, including as part of pilots or trials or following the expiry of paid-for Services, this is done at Digital Science’s absolute discretion.

Prices included on the Site are illustrative only and are subject to change at any time. Digital Science reserves the right to introduce new fees and change its price list at any time, upon notice to you, including by posting details of such change on the Site. Amounts are stated exclusive of sales tax and similar. You shall pay all applicable fees upon demand in connection with any such Services selected by you, including where you have chosen to pay for the use of Services by others. Any fees paid hereunder are non-refundable.

If you pay using a credit card or any supported digital payment method you authorize us to charge your account for the Services using that payment method on a recurring basis, unless otherwise specified, at the then current price. If your payment details cease to be valid or you notify us to stop using a previously designated payment method and fail to designate an alternative, we may immediately suspend use and access to the Services at the end of your paid subscription.

If you upgrade any Service, we will charge you the additional cost for that upgrade in respect of the remainder of your (then current) payment period and update your new payment period according to your new subscription.

If you sign up for a free trial, we may require you to provide a valid credit card or other payment method to start the trial. If so, we will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free Service before the end of the free-trial period.

You will be responsible for payment of any Taxes in addition to our price. If we are required to collect or pay Taxes, the Taxes will be charged to you. This includes adding sales taxes at the checkout / to our invoice(s) at the appropriate rate based on information you provide to us. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. Any assessment we make, at the time of purchase, of the amount or applicability of sales or other taxes will rely on the information you have provided and you agree to reimburse us on demand for any additional costs or expenses we might incur if such information is not accurate and complete.

Where we refer to "Taxes", we mean any duties, customs fees, levies or taxes (other than income tax) associated with the purchase or use of the Services, including any related penalties or interest.

Privacy and Security

Privacy Policy

For information on how Digital Science collects, processes and uses your personal information, please refer to the privacy policy at https://www.papersapp.com/privacy/, which is subject to and forms part of these Terms.

Security

The security of User Content is a key priority for Digital Science. For a description of the safeguards Digital Science aims to keep in place in respect of User Uploaded Content, please refer to the security statement at https://www.papersapp.com/security/. These safeguards will typically include measures to prevent unauthorized access, use, modification, deletion and disclosure of User Uploaded Content, while noting they vary or may not apply depending on the part of the Service you are using. While Digital Science makes regular backups of the User Uploaded Content it hosts, you should always keep a local copy of your content.

Content

Note, when we refer to “content”, we mean any content, data, information, documents and/or materials.

What’s User Content?

User Content is content that you upload, import, input, receive, add or post (“Submitted”) to ReadCube. This may include journal articles, book chapters and other document types, which you have: (i) created or sourced independent of ReadCube; or (ii) purchased via the Document Delivery Service or otherwise specifically acquired using ReadCube such as from other users or by following URLs from ReadCube (e.g. DOIs, GetFTR links). It will also include any annotations that you might make to such documents. User Content does not include content (or any copy of content) that is part of ReadCube or which Digital Science acquires or holds independent of its relationship with you. User Content may include Publisher Content (see below).

Ownership of User Content

Nothing in these Terms transfers ownership of any of your rights in User Content to Digital Science. You must ensure that Digital Science is authorized and otherwise free to lawfully host and otherwise process any User Content as may be required to provide the relevant Service to you. To the extent User Content is owned by a third party, you must ensure that the use of such content via ReadCube does not infringe or violate the rights of any person, including any copyright or other Proprietary Rights. You agree to provide such information as Digital Science may request to demonstrate that you own or otherwise control all rights required in relation to the User Content.

For clarity, these Terms do not grant Digital Science any rights to User Content beyond those required to operate, support and provide ReadCube and related services you receive, to comply with applicable law, enforce our rights and keep the Services secure, and as otherwise specified. For example, these will include rights to store and reformat and to analyze for our own aggregate reporting and analysis purposes. As part of certain ReadCube AI features, User Content may also be used as an input to generate outputs you receive via ReadCube. We will not use your inputs for our own training purposes. We will treat outputs generated for you based on your inputs in the same way as User Content and do not claim any ownership rights therein.

ReadCube is not intended as an exclusive repository. You acknowledge that all content you may choose to access or store via the Service is done so at your own risk and you will be solely responsible for any liability arising therefrom or your inability to retrieve or access such content.

DIGITAL SCIENCE HAS NO CONTROL OVER THE USER CONTENT AND DISCLAIMS ALL LIABILITY HOWSOEVER ARISING FROM AND/OR IN CONNECTION WITH USER CONTENT, INCLUDING ITS STORAGE, PROCESSING, ACCESS, DISTRIBUTION AND OTHER USE.

Content You Must Not Submit

You shall not (and shall not permit any person to) upload, import, input, post, store, download, export, transmit or share, or use ReadCube to host, generate or otherwise process, or take any other action on or through ReadCube in respect of any content that: (i) you are not properly authorized to use in that way (ii) is defamatory, derogatory, discriminatory or violates any rights of privacy (iii) is indecent, obscene, offensive, abusive, sexually explicit, violent or pornographic (vi) contains educational records, health or other sensitive personal, classified or regulated information or personal information of others, (vii) would not be permitted by the Acceptable Use section.

Content Purchases and Document Delivery

ReadCube may enable the purchase or delivery of, or other acquisition of, certain journal articles, book chapters, supplementary materials and other items of third party-owned and published content (“Publisher Content”).

Where you choose to purchase or otherwise acquire a copy of an item of Publisher Content via ReadCube, you give us instructions to retrieve or acquire that content on your behalf and you expressly acknowledge that nothing in these Terms transfers or grants you any license, right or interest in respect of that (or any other) Publisher Content, but without prejudice to any license or rights of use granted by the relevant publisher or rightsholder ("Publisher Content Licence").

Details of the Publisher Content Licence for a particular item of Publisher Content are typically referenced within the content and/or purchase documentation, and/or referred to on the relevant publisher or rightsholder (“Content Provider”) website. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, or license terms / restrictions, used in relation to any Published Content.

You acknowledge that the Publisher Content is protected by Proprietary Rights, which the Content Providers will retain. You will abide by all proprietary markings, usage restrictions and other additional licensing limits appearing in the Publisher Content, purchase documentation or the relevant Content Provider’s website, or which you are otherwise made aware of, and agree not to do, directly or indirectly, anything that would infringe or otherwise violate (or cause an infringement or violation of) such limits or the copyright or other Proprietary Rights relating to the content. All rights / permissions are limited to personal usage (and commercial use is expressly prohibited) unless otherwise expressly and specifically authorized by the Content Provider. In particular, you acknowledge that any sharing or automated analyzes must only be done if authorized by the relevant Content Provider, and in accordance with the copyright, license restrictions and policies of the relevant Content Provider, which it is your sole responsibility to comply with. For example, certain Content Providers are signatories to the STM Voluntary Principles for article sharing on scholarly collaboration networks and/or support the How Can I Share It initiative. If any agreed period of permitted usage expires, you shall cease using (and undertake not to use) the Publisher Content and permanently delete or destroy all copies in your possession and control (and shall certify such deletion/destruction in writing upon request). You shall also prevent unauthorized access to or use of the Published Content in your possession and control.

You acknowledge that details of purchase, access or sharing activity related to Published Content may be required to be provided to the relevant Content Provider.

DIGITAL SCIENCE HAS NO CONTROL OVER THE PUBLISHER CONTENT AND DISCLAIMS ALL LIABILITY HOWSOEVER ARISING FROM AND/OR IN CONNECTION WITH PUBLISHER CONTENT. ANY PUBLISHER CONTENT ACQUIRED OR OTHERWISE ACCESSED VIA READCUBE IS ACQUIRED AND/OR ACCESSED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY, CONDITION OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS.

You agree that any of these terms relevant to Publisher Content are included also (at our discretion) for the benefit of, and may (at our discretion) be enforced by, the respective Content Providers (details of whom can be provided on request) without prejudice to any other rights or remedies they may have by law or otherwise.

Note, references to “purchases” in this section means in respect of Published Content, the purchase of such rights as the relevant publisher may offer.

AI Services

Artificial intelligence is an integral part of certain ReadCube features. Due to the nature of these Services, outputs they generate may not be unique and may contain incorrect information, and accordingly should only be used as part of a wider assessment. You are solely responsible for all use of such generated outputs and other AI assisted results, and evaluating them for accuracy and appropriateness for your use case, including by utilizing human review as appropriate.

Beta Services and Pilots

From time to time, we may make available Beta Services and Pilots. Beta Services and Pilots may not always perform as expected and may be changed or withdrawn at any time without notice. These changes may impact, for example, previously saved comments and results. Any use of Beta Services or Pilots, which are provided “AS IS” and “AS AVAILABLE”, is solely at your own risk, and may be subject to additional requirements specified by Digital Science and include features that are of a confidential nature. You agree not to make public statements relating to any Beta Service or Pilot without prior written approval of Digital Science, and specifically acknowledge that any feedback you provide in relation to any Beta Service or Pilot, and data collected from their use, may be used to help us develop and improve our products.

All Beta Services and Pilots shall be considered as being made available subject to these Terms, to the exclusion of all other terms and conditions, including those of any Contract (as defined below) - even where a Beta Service or Pilot is an additional feature or module to a Service provided as part of a Contract - unless the Beta Service or Pilot is specifically identified in the Contract as being provided pursuant thereto.

The term “Beta Service or Pilot” includes any service or feature that is identified, including via the applicable user interface or other communications from Digital Science, as “Beta”, “Prototype”, “Limited Release”, “Early Release” or similar, or provided on a free “Pilot”, “Pilot Trial”, “Limited Trial” or similar basis.

Legal

Separate Contract and Additional Terms

If you are accessing and/or otherwise using ReadCube pursuant to a separate agreement between Digital Science (or one of its affiliates) and the Organization that you belong to or are acting for (“Contract”), your use will also be subject to the Contract, provided to the extent there is any conflict, the terms of the Contract shall prevail. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on any such Organization nor give rise to any claims by it against Digital Science (or any of its affiliates), whose relationship with the Organization shall be exclusively governed by the Contract.

Usage restrictions and other additional legal terms and conditions (“Additional Terms”) may apply to certain parts of ReadCube and shall form part of these Terms. You shall comply with all Additional Terms referenced on any part of ReadCube you use, including as may be posted to the Site or otherwise that you are given notice of, and to the extent there is any conflict between the Additional Terms and other parts of these Terms that impose restrictions on usage, the Additional Terms shall prevail in respect of the relevant part of ReadCube.

Changes to ReadCube

Digital Science reserves the right, at its sole discretion, to change, suspend, or discontinue any part of ReadCube at any time without notice to you.

Changes to these Terms

Digital Science reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of ReadCube following the posting of any changes to the Site or otherwise notified to you constitutes acceptance of those changes.

These Terms were last updated in September 18, 2024.

Third Party Sites

If any part of ReadCube is made available on or through other websites or other resources on the Internet and or includes links to such resources, or other websites or resources contain links to any part of ReadCube, this is done for convenience only and any access to, use of and/or reliance upon such resources is done entirely at your own risk and Digital Science disclaims all liability arising therefrom.

Termination

Digital Science may suspend or terminate your access to all or any part of ReadCube (and the payer of an account you use may terminate your access to that account) at any time, which may result in the forfeiture and destruction of content associated with your account, including User Content. In the case of Services you pay for, such termination will only take effect in the case of your breach, at the end of the paid-for period or subject to the pro-rata refund to you of any pre-paid but unused fees, and subject to you being given prior notice; and you may be transitioned, at our discretion, to a no cost, limited feature (e.g. read-only) version.

Upon termination, all rights granted under this Agreement in respect of the terminated part shall terminate and you shall immediately stop using that part. If you wish to close an account, you may do so by following instructions available on the relevant part of ReadCube. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Warranty Disclaimer

READCUBE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY, CONDITION OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NO WARRANTY IS GIVEN THAT READCUBE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES OR ERROR-FREE. YOUR USE OF READCUBE IS SOLELY AT YOUR OWN RISK. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

US Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): DIGITAL SCIENCE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON READCUBE OR ANY SITE LINKED TO READCUBE. Digital Science will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Digital Science’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of ReadCube.

Digital Science does not guarantee that any content will be made available or will be continuously available on or via ReadCube. Digital Science has no obligation to monitor any part of ReadCube or content. However, Digital Science reserves the right to remove, suspend or block any content in its sole discretion, including any User Content, from the Service at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such content or if company is concerned that you may have violated these terms), or for no reason at all.
Indemnification

You shall defend, indemnify, and hold harmless Digital Science and its affiliates, and their respective officers, directors, employees or agents, on demand from all losses, liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, ReadCube, violation of these Terms, or infringement or violation by you or caused by you, or any third party using your account, of any Proprietary Rights or other right of any person. Digital Science reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Digital Science in asserting any available defenses.

US Government users

ReadCube is provided as “commercial computer software” / “commercial computer software documentation” and other commercial items including “technical data of a commercial item”, as applicable. If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / ReadCube, it should immediately discontinue use of ReadCube.

Limitation of Liability

IN NO EVENT SHALL DIGITAL SCIENCE, ITS AFFILIATES, SUPPLIERS, PARTNERS, INTEGRATORS OR LICENSORS (NONE OF WHICH, FOR THE PURPOSES OF THIS CLAUSE, SHALL INCLUDE YOU) OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WITH RESPECT TO ANY PART OF READCUBE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) (IN THE AGGREGATE) OR THE FEES PAID BY YOU FOR THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES NOR FOR DATA LOSS OR CORRUPTION; OR (IV) FOR ANY MATTER ARISING FROM YOUR BREACH OR NEGLIGENCE, OR BEYOND DIGITAL SCIENCE’S REASONABLE CONTROL. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disputes

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Middlesex County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of ReadCube is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

Integration and Severability

These Terms are the entire agreement between you and Digital Science with respect to the Site and other parts of ReadCube, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Digital Science with respect to the same. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Digital Science shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Digital Science’s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Digital Science’s prior written consent. Digital Science may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

All notices under the Contract will be in writing and by email, although notice of information that is not specific to you may also be given by posting on a status or other webpage related to, or otherwise via, ReadCube. Notices to Digital Science must be sent to [email protected], except for legal notices, such as notices of termination or a claim, which must also be sent by hand or registered mail to the UK address below and marked for the attention of the Legal Department. Notices will be deemed to have been duly given (i) in the case of emails (except legal notices) the business day after it is sent; (ii) in the case of notices via ReadCube, the day of the notice; and (iii) in the case of legal notices, if delivered by hand, upon delivery, or if sent by registered mail, on the recorded date of receipt.

Getting in touch

Your Feedback

Feedback, suggestions or other comments about ReadCube are welcome. Please keep in mind these may be used and disclosed without any obligation to you. By providing such comments, you irrevocably grant all rights necessary for their use for product improvement purposes and otherwise as we may choose.

Contact

If you have any questions about these terms or any part of ReadCube, please email us at [email protected] or write to us at:

If you’re based in Europe: 4 Crinan Street, London N1 9XW, UK

If you’re based outside of Europe: 625 Massachusetts Ave, Cambridge, MA 02139, USA

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US Copyright Dispute Policy

Digital Science has adopted the following policy toward copyright infringement in the United States in accordance with the Digital Millennium Copyright Act or DMCA. The address of Digital Science’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Digital Science’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through ReadCube infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• identification of works or materials being infringed;
• identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Digital Science is capable of finding and verifying its existence;
• contact information about the notifier including address, telephone number and, if available, email address;
• a statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
• a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Digital Science’s policy:

• to remove or disable access to the infringing material;
• to notify the content provider, member or user, that it has removed or disabled access to the material; and
• that repeat offenders will have the infringing material removed from the system and that Digital Science will terminate such content provider’s, member’s or user’s access to ReadCube.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

• a physical or electronic signature of the content provider, member or user;
  identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• a statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Digital Science is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Digital Science may send a copy of the counter-notice to the original complaining party informing that person that Digital Science may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Digital Science’s discretion.

Please contact Digital Science’s Designated Agent to receive notification of claimed infringement at [email protected] or the following address:

Digital Science
625 Massachusetts Avenue, Cambridge, MA, 02139
Attention: Legal Department