Section I: Acceptance of Terms
Acceptance on Behalf of an Organization. If you are using the Widget on behalf of an organization, entity, or company, you agree to these Widget Terms for that organization, entity, or company, and promise that you have authority to bind that organization and its parents, subsidiaries and sister companies to these Widget Terms. In that case, “you” and “your” will refer to that organization, its parents, subsidiaries, and sister companies.
Language. In the event that these Widget Terms are translated into other languages and there is a discrepancy between versions in different languages, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Independent Contractors. There is no joint venture, partnership, agency, or fiduciary relationship existing between you and us, and the parties do not intend to create any such relationship by this Agreement.
Section II: Definitions
Elsevier Content. “Elsevier Content” means any content, data, information, or material made available through the Widget. This includes, among other things, user data and metadata.
Elsevier Marks. “Elsevier Marks” means all trademarks, service marks, logos, brand names, or trade names used to identify us and our products or services.
Elsevier Service. “Elsevier Service” means the service, websites, software applications, and offers provided by us in connection with the Widget.
Elsevier Platform. “Elsevier Platform” means our developer tools accessible (e.g., APIs, SDKs, Widgets) via, and documentation described on, our developer website.
Widget. “Widget” means the PlumX Metrics Artifact widget which includes the PlumPrint, PlumX Metrics and link to PlumX Artifact pages.
Section III: Licenses and Permissions
License to Developer. Subject to and conditional upon your compliance at all times with these Widget Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Term (defined in the “Term, Termination and Survival” Section) to do the following:
a. Widget. Use the Elsevier Platform to reproduce and display the Widget on any website or webpage controlled by you and authorized by us (a “Website”). For the avoidance of doubt, you may not make the Widget available on any third party website or webpage not controlled by you. If you cannot prevent the Widget from being displayed on a third party website or web page without acceptance of this Agreement by the controller of the third party site, then you may not incorporate the Widget into such website.
b. Elsevier Marks. Use any of the Elsevier Marks solely to promote your use, and the results of your use, of the Elsevier Platform in accordance with these Widget Terms and applicable law. You agree that except for the limited license above, these Widget Terms do not grant you any rights to the Elsevier Marks and that all goodwill generated through your use of such marks is to our sole benefit. If you use any Elsevier Marks, you will at no time contest or aid in contesting the validity or ownership of those Elsevier Marks or our rights in them, including but not limited to, applying to register any trademark, trade name, or other designation that is confusingly similar to the Elsevier Marks.
Limitation. Except as expressly granted in these Widget Terms, neither party grants the other party any intellectual property rights or other proprietary rights. As between you and us, we, our affiliates, and our applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Widget, the Elsevier Platform (including its documentation and specifications), all our websites, Elsevier Content, Elsevier Services, and any derivative works thereof.
Section IV: Restrictions
General Restrictions. You agree that you will follow the restrictions set out below and will not encourage or facilitate others to violate these restrictions.
a. Do not use the Elsevier Platform in any manner that is not expressly authorized in this Agreement.
b. Do not misuse the Elsevier Platform, including (i) modifying, editing, disassembling, decompiling, reverse-engineering or extracting source code from the Elsevier Platform, Elsevier Service or Elsevier Content (except to the extent such restrictions are expressly prohibited by law); (ii) distributing or making copies of the Elsevier Platform or making the Elsevier Platform available to any person, except as expressly provided in the Widget Terms; or (iii) interfering, or attempting to interfere, with the proper functioning or performance of the Elsevier Platform or Elsevier Service.
d. Do not use the Elsevier Platform, Elsevier Service, or Elsevier Content for any illegal or unauthorized purpose, including (i) failing to comply with applicable laws and regulations, including, without limitation, laws regarding personal data, privacy, copyright, and export controls; or (ii) misusing our Intellectual Property (defined below) (such as using Elsevier Marks as part of the name of your company or service).
e. Do not use the Elsevier Platform, Elsevier Service, or Elsevier Content in any manner to compete with us or to build products or services that compete with the Elsevier Service, Elsevier Content, or any other of our products or services without our permission.
f. Do not improperly access, alter or store the Elsevier Service or Elsevier Content, including (i) using any robot, spider, site search/retrieval application, or other tool to retrieve, duplicate, or index any portion of the Elsevier Service, Elsevier Content or collect information about our users for any unauthorized purpose; (ii) making excessive service calls that are not strictly required for the proper functioning of the Widget via the Elsevier Platform; (iii) aggregating metadata or other Elsevier Content to create databases or any other compilation other than as strictly necessary to offer and operate the Widget; (iv) requesting, collecting, soliciting or otherwise obtaining access to sign-in names, passwords, or other authentication credentials for the Elsevier Service, other than via the means specifically provided for by the Elsevier Platform and as strictly necessary to offer and operate the Widget or as expressly authorized by our user.
g. Do not transfer Elsevier Content to unauthorized third parties, including directly or indirectly transferring any data (including aggregate, anonymous or derivative data) received from us to, or use such data in connection with, any ad network, ad exchange, data broker, or other advertising or monetization-related toolset, even if a user consents to such transfer or use.
h. Do not use any viruses, worms, Trojan horses, or any other harmful code that could affect the Elsevier Platform, Elsevier Service, or Elsevier Content.
i. Do not damage, disparage, or take other actions that would be detrimental to us, the Elsevier Service, Elsevier Content, or our content providers, affiliates, and partners.
j. Do not associate, imply, or otherwise suggest an endorsement, tie-in, co-branding, or promotion of any brand, service, website, product, or offering with or by (i) us or (ii) any Elsevier Content.
k. Do not use the Elsevier Platform, Elsevier Content, Elsevier Service, or Elsevier Marks in any way to promote or distribute an application, product, service, website, or other offering, including any other widget:
(i) that is associated with, promotes, features, encourages, facilitates, or condones (a) illegal activity; (b) any illegal, defamatory, obscene, sexually explicit, malicious, or discriminatory content; (c) violence; (d) political positions or political candidates and/or religious causes; (e) the sale or advertisement of tobacco products, ammunition, firearms, and/or pornography; or (f) content that is deceptive or fraudulent;
(ii) that could be considered defamatory of third parties, obscene, malicious, or discriminatory in any way, including but not limited to on the basis of race, disability, sex, sexual orientation, or religion;
(iii) that infringes any of our intellectual property or other rights or that of any third party, including, without limitation, any right of privacy, publicity, copyright, trademark, patent, or contractual right; or
(iv) that is used to harass, embarrass, harm or improperly target any of our users.
Elsevier Content Restrictions. In addition to the foregoing, you must comply with the following restrictions related to Elsevier Content.
a. Editing, Modifying, and Altering. Except as agreed upon by us in writing, you shall not edit, modify, alter, or create derivative works of Elsevier Content in any way.
b. Local Caching. You may not use the Widget to locally cache any Elsevier Content.
c. Games and Trivia Quizzes. Unless you receive our written approval, you may not use the Elsevier Platform to incorporate Elsevier Content into any game functionality (including trivia quizzes).
d. No Content Saving Functionality. Your developer application shall not provide any functionality that would enable users to download or save Elsevier Content.
e. Integration with Third Party Services. You shall not create any product or service by integrating the Elsevier Platform, Elsevier Service or Elsevier Content with any non-interactive internet webcasting service.
f. Our User Data. For restrictions, please see Section V.
Widget Restrictions. In addition to the foregoing, you agree to comply with the following restrictions if you use the Widget.
a. You shall display the Widget in the form made available by Elsevier, without alteration, and in accordance with the requirements set out on our developer website.
b. You shall not obfuscate the Widget in any way, whether by banner advertisements or by any other means, or alter the form or format of the Widget from that made available by Elsevier.
d. You are responsible for use of the Widget.
e. Please note that the Widget may not be used for commercial purposes (including, but not limited to, for resale) without our prior written consent. This restriction does not prohibit you from embedding the Widget on Websites that contain advertising.
Section V: Users & Data
You will not sell or purchase any Elsevier Content, including data obtained from Elsevier.
If we prohibit your use of the Elsevier Platform or if either party terminates this Agreement, you shall delete all Elsevier Content (including user data, metadata, etc.). If you violate these Widget Terms, we may require you to delete all Elsevier Content.
You will make a complete and accurate disclosure to end users of the privacy practices and policies applicable to your Website, including, without limitation, notice to the end user:
b. of the information you collect from users;
c. about how you collect, use, and share that information;
e. that you allow third parties to place Cookies on users’ browsers in order to collect information about their browsing activities on your Website; and
f. about users’ options for Cookie management.
If your Website or service is targeted to children, you may not embed or otherwise use the Elsevier Platform. If you have actual knowledge that specific people using your Website or online service are children under 13, you must not use the Widget. You must not knowingly share information with us that you have collected from children under the age of 13 unless you obtain verifiable parental consent that covers Elsevier’s collection, use, and disclosure in compliance with applicable law.
Section VI: Access to Elsevier Platform
Enforcement of Widget Terms. We may enforce these Widget Terms against you or your Website if we conclude that your Website violates this Agreement or is negatively impacting the Elsevier Platform, Elsevier Service, or Elsevier Content. We may or may not notify you in advance. Enforcement can include revoking your access to the Elsevier Platform (including its functionality), requiring you to delete data, terminating our Agreement with you or any other action that we deem appropriate.
Limitations on Use of Elsevier Platform. We may limit the number of service calls that the Widget may make, the volume of Elsevier Content that may be accessed, or anything else about the Elsevier Service as we deem appropriate, in our sole discretion, without notice. We may use technical measures to prevent over-usage or stop usage of the Elsevier Platform.
Monitoring Usage. You agree that we may monitor your use of, and collect usage data related to, the Elsevier Platform to ensure quality, improve the Elsevier Service, and verify your compliance with these terms. You agree not to block or interfere with such efforts and to provide us with reasonable access to information related to your compliance with these Widget Terms. We may use any technical means to overcome any interference. At our sole discretion we may request, and you shall provide, proof that your website, product or service and any content within your website, product, or service is properly licensed.
Reporting of Non-Complying Developer Applications. If you believe that someone is violating these Widget Terms or misusing the Elsevier Platform, please contact us via email at email@example.com.
Modification of Elsevier Platform. We reserve the right to modify the Elsevier Platform and to release subsequent versions of the Elsevier Platform at any time without notice to you. You may be required to obtain and use the most recent version of the Elsevier Platform in order for the Widget to function.
Section VII: Representations and Warranties, Limitation of Liability, Indemnification, Disclaimers, Release
Representations and Warranties. In addition to any other representations, warranties and covenants made by you, you represent, warrant and covenant to us that:
a. You have the legal capacity to enter into these Widget Terms;
b. Any and all information you provide to us is and shall be true, accurate, complete, and up to date;
c. You own or have secured all rights necessary to display, distribute, render, and publicly perform all content (other than Elsevier Content) on or within your Website;
d. Your use of the Elsevier Platform complies with all applicable laws and regulations, including without limitation, any right of privacy, publicity, copyright, trademark, patent, trade secret, or contractual right; and
e. Your use of the Elsevier Platform shall not infringe any intellectual property or other of our rights or of any third party, including without limitation, any right of copyright, trademark, patent, privacy, publicity, or contractual right.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE ELSEVIER SERVICE, ELSEVIER CONTENT, OR ELSEVIER PLATFORM, INCLUDING ANY DAMAGES RESULTING THEREFROM, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ELSEVIER PLATFORM IS TO STOP USING THE ELSEVIER PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES REFERRED TO ABOVE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES). ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ELSEVIER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD US AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES AND COSTS OF INVESTIGATION) MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR USE OF THE ELSEVIER PLATFORM, ELSEVIER SERVICE OR ELSEVIER CONTENT OR YOUR VIOLATION OF THE TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAWS, REGULATIONS, OR THIRD PARTY RIGHTS.
a. ANY USE OF THE ELSEVIER PLATFORM IS AT YOUR OWN RISK. THE ELSEVIER PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE ELSEVIER PLATFORM, ELSEVIER SERVICE OR ELSEVIER CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US IN THIS REGARD.
b. ELSEVIER EXPRESSLY DISCLAIMS ANY WARRANTY THAT: (I) THE ELSEVIER PLATFORM, ELSEVIER SERVICE OR ELSEVIER CONTENT WILL MEET ALL OF YOUR REQUIREMENTS; (II) THE OPERATION OF THE ELSEVIER PLATFORM, ELSEVIER SERVICE OR ELSEVIER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE ELSEVIER PLATFORM, ELSEVIER SERVICE OR ELSEVIER CONTENT WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE OR CONSISTENT WITH YOUR EXPECTATIONS.
c. Further, we have no obligation to provide you or any users of your developer application with support, software upgrades, enhancements, or modifications to the Elsevier Platform or Elsevier Service. You are solely responsible for providing user support and any other technical assistance to your users.
Release. You agree that any claim arising out of or related to the Elsevier Platform, Elsevier Service or Elsevier Content or otherwise arising out of the Widget Terms must be brought within one year after the claim accrues. Otherwise such claim is permanently barred. In addition, if you have a dispute with one or more third parties (for example, our users or account holders) in connection with the Elsevier Platform, Elsevier Service or Elsevier Content, you release us and our affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns, or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes. To the extent that California Civil Code 1542 is applicable to you, you waive California Civil Code 1542 with respect to the foregoing claims described in this paragraph: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with debtor.”
Section VIII: Other Legal Terms
Entire Agreement. These Widget Terms constitute the entire agreement between you and us with respect to your use of the Widget and supersede any prior agreements, whether oral or written, concerning the subject matter of these Widget Terms, except and then only to the extent that you have entered into a Separate Agreement. A “Separate Agreement” is a written agreement between and signed by us and you governing your use of the Elsevier Platform.
Changes to the Agreement. We reserve the right to change, modify, add or remove portions of these Widget Terms at our sole discretion at any time and without prior notice. Please check these Widget Terms periodically for any modifications. Your continued use of the Widget following the posting of any changes will mean that you have accepted and agreed to the changes. If you do not agree to the new terms, you must terminate this Agreement, stop using the Elsevier Platform to deliver the Widget, delete all Elsevier Content, and cease all operation, promotion, distribution, and support of all your products and services that rely on the Widget provided through the Elsevier Platform.
Non-exclusive Agreement and Competition.
a. These Widget Terms are a non-exclusive agreement. Please understand that we and/or other third parties (including other developers) may be developing and may develop products and services that may be similar to or competitive with your Website or other products or services provided by you. Nothing in these Widget Terms shall in any way restrict or preclude us and/or such third parties from creating and fully exploiting such products, services or other business activities without any obligation to you.
b. If you provide us with any feedback (including suggestions, comments, improvements, ideas, etc.), you assign all right, title and interest in and to such feedback to us and acknowledge that we will be entitled to use, implement, and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, accounting, or compensation.
Export. Where the Widget or its content consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties. You shall comply with all applicable export and re-export control laws and regulations in connection with your use of the Elsevier Platform.
Third Parties. Each of our affiliates shall be a third party beneficiary to these Widget Terms, and such affiliates shall be entitled to directly enforce, and rely upon, any provision of these Widget Terms which confers a benefit on them. Other than the preceding sentence, nothing in this Agreement shall create any third party beneficiaries, or confer any rights in any third parties.
a. We respect intellectual property rights, and expect you to do the same. The Elsevier Platform, Elsevier Service, Elsevier Content, and any Elsevier Marks (our “Intellectual Property”) are our property or the property of our licensors and protected by intellectual property rights. You do not have the right to use the Intellectual Property in any manner not covered by this Agreement.
b. Nothing in this Agreement shall be construed to convey, and by virtue of this Agreement you shall not acquire, any ownership interest in the Intellectual Property.
c. You shall not contest, or assist others in contesting, the validity, enforceability, ownership, or title of any Intellectual Property. You agree not to attempt to use or register any trademark or domain name that includes the word “Elsevier,” or the word “RELX”, any other of our trademarks, or any name that is confusingly similar to any of them. Further, you may not remove or alter any copyright, trademark, or other intellectual property notice contained in or provided through our Intellectual Property.
Confidentiality. In your interactions with Elsevier, you may be given access to certain non-public information, software, specifications, or code (“Confidential Information”), which is confidential and proprietary to Elsevier. You may use this Confidential Information only as necessary in exercising such rights as are granted to you in these Widget Terms. You may not disclose any of this Confidential Information to any third party without Elsevier’s prior written consent. You further agree that you will protect this Confidential Information from any unauthorized use, access, or disclosure with the same degree of care as you would with your confidential information but no less than a reasonable degree of care.
Publicity. You may not suggest a partnership with, sponsorship by, or endorsement by us without our prior written approval. You permit us to make public statements about your use of the Elsevier Platform at any time.
Term, Termination and Survival.
a. This Agreement begins on either (i) the date you demonstrate your acceptance of the Widget Terms or (ii) when you first embed the Widget, and shall continue until terminated (the “Term”) as permitted under these Widget Terms.
b. Compliance with the provisions of these Widget Terms is very important. Any licenses contained in these Widget Terms will terminate automatically and without notice if you fail to comply with the Widget Terms.
c. We reserve the right to modify, suspend or discontinue the Widget and/or the Elsevier Service, or to terminate your ability to use the Widget, at any time prior to or after your development of a developer application, website, product or service, without notice, for any reason or for no reason, without any liability to you or your users.
d. We may terminate these Widget Terms by notice to you of termination or by terminating your ability to use the Widget. You may terminate these Widget Terms by ceasing all use of the Widget and notifying us.
e. Upon any termination or notice of any discontinuance, you must immediately cease and desist from using the Widget and delete all Elsevier Content obtained through use of the Elsevier Platform (including, without limitation, from your servers).
f. Sections III.2, III.4, V, VI.4, VII, VIII.3, VIII.5, VIII.6, VIII.7, VIII.8, VIII.11, VIII.12 and IX of these Widget Terms (or any section necessary to interpret such clauses) shall survive any termination or expiration of these Widget Terms and will continue to bind you.
Severability. If any provision in these Widget Terms is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
Governing Laws and Venue. All matters relating to your access to or use of the Widget, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of our regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands, except if you reside outside of the European Union, then the courts located in the country of our regional office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Widget must be brought within one (1) year after the event or such claim is barred.
No Waiver. Neither failure nor delay on our part to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Widget Terms shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Additional Terms. Additional or superseding terms and conditions may apply to specific portions or features of the Elsevier Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Widget Terms and the terms that are posted for or applicable to a specific portion of the Elsevier Service, for any service offered on or through the Elsevier Service, or set forth in an institutional subscription or license agreement, the latter terms shall control.
Section IX: Disputes
CLASS ACTION WAIVER. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and us agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Last revised: 19 March 2020