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Website General Terms and Conditions

These terms and conditions (“Terms and Conditions”) apply to your use of all BioExcel Publishing Ltd website(s), applications, services and products (“Services” or individually a “Service”) that post a link to these Terms and Conditions and that are provided by any BioExcel Publishing Ltd.

By accessing or using any of the Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Service’s Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Services.

Open Access Statement and Copyright Policy

We apply either of two different copyright licenses depending upon how the article has been funded.

Publicly funded research – Creative Commons License Deed CC BY 4.0 [LINK]

This allows anyone including you to copy, distribute, transmit and adapt the article provided it is properly attributed in the manner specified by Drugs in Context (but not in any way that suggests that Drugs in Context endorses you or your use of the work).

Key features

  • Full text PDFs of all articles deposited in PubMed Central, Europe PubMed Central & PubMed Central Canada immediately upon publication
  • No embargoes
  • Authors retain copyright
  • Authors can self-archive and the journal would appreciate a link to the original online version of the article on the Drugs in Context website

Private or commercially funded research – Creative Commons License Deed CC BY NC ND 4.0 [LINK]

This allows anyone including you to copy, distribute and transmit the article provided it is properly attributed in the manner specified by Drugs in Context (but not in any way that suggests that Drugs in Context endorses you or your use of the work). The CC BY NC ND License Deed forbids the production of derivatives and commercial use of articles without the express permission of the Publisher.

Key features

  • Full text PDFs of all articles deposited in PubMed Central, Europe PubMed Central & PubMed Central Canada immediately upon publication
  • No embargoes
  • Authors retain copyright
  • Authors can self-archive provided that a link is given to the original online version of the article on the Drugs in Context website.

Under this license, Drugs in Context reserves the exclusive right to market authors’ articles to commercial users worldwide and to levy fees as appropriate for their reproduction, translation and dissemination in printed and any other form. For the avoidance of doubt, under CC BY NC ND 4.0 License Deed, agreeing to our Terms and Conditions of Publication (TCP) assigns an exclusive commercial re-use rights license to the Publisher of all the material. And any commercial use or re-use of the Work without the Publisher’s written consent will be a breach of the TCP and any author or third party acting in breach of these terms will be liable to the Publisher for such an amount as the Publisher would have charged for providing permission for commercial re-use of the Work plus all legal/recovery costs. Statutory fair use and other rights are in no way affected by the above.

General conditions for use of our services

Unless otherwise set out above, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by BioExcel Publishing Ltd, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.

Except as otherwise provided in any additional terms for a Service, you may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.

You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.

You may not, without the approval of BioExcel Publishing Ltd, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

Links

The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of BioExcel Publishing Ltd.

Disclaimer of warranties and liability

We provide the Services using a commercially reasonable level of skill and care, but neither BioExcel Publishing Ltd nor its suppliers or licensors make any specific promises about the Services, including the Content or any Submission therein. For example, we don’t make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services.

BIOEXCEL PUBLISHING LTD AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH BIOEXCEL PUBLISHING LTD AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.

To the extent permitted under applicable law, neither BioExcel Publishing Ltd nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission included in or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. BioExcel Publishing Ltd will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will BioExcel Publishing Ltd be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BIOEXCEL PUBLISHING LTD OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF BIOEXCEL PUBLISHING LTD OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BioExcel Publishing Ltd does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services.

Indemnification

You hereby agree to indemnify and hold BioExcel Publishing Ltd, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the Services or the Content or Submissions.

About these terms and conditions

Term and Termination: Any license granted to you to use any Service is effective until it expires, until BioExcel Publishing Ltd terminates it, or until you provide notice to BioExcel Publishing Ltd of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. BioExcel Publishing Ltd reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.

No Assignment: You may not assign your rights or obligations under these Terms and Conditions to anyone.

No Waiver: Neither failure nor delay on the part of BioExcel Publishing Ltd 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 Terms and Conditions 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 terms and conditions may apply to purchases of goods or services, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Service, the specific service or the subscribed or licensed product.

Compliance with Laws: You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any Submission.

Severability: If any provision in these Terms and Conditions 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 Services, including all disputes, shall be governed by and construed in accordance with the laws of Spain, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the BioExcel Publishing Ltd 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 Madrid, Spain, except if you reside outside of the European Union, then the courts located in the country of the BioExcel Publishing Ltd 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 Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred.

Changes: BioExcel Publishing Ltd reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of any Service following the posting of any changes will mean that you have accepted and agreed to the changes.