POOMS Terms of Use

These Terms of Use are a contract between you and POOMS Publishing (“POOMS”). POOMS operates www.pooms.org and other websites (“POOMS Sites”) through which it strives to make the world’s scientific literature a freely available public resource. By using the POOMS Sites and any products or services accessible from the POOMS Sites (including the POOMS API, as defined below) you agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not visit or use the POOMS Sites.

LICENSE TO USE BOOK CHAPTERS AND RELATED CONTENT

Unless otherwise indicated, book chapters and accompanying materials published by POOMS on the POOMS Sites, including peer reviews, are licensed by the respective authors for use and distribution by you subject to citation of the original source in accordance with the Creative Commons Attribution (CC BY) license.

OWNERSHIP OF CONTENT

The copyright in the material contained on the POOMS Sites belongs to POOMS or its licensors. The trademarks and other elements appearing on the POOMS Sites are protected by US, and international copyright, trade dress, patent, and trademark laws, international conventions and other relevant and applicable laws.

USE OF POOMS’ ONLINE TOOLS AND SERVICES

POOMS provides access on its websites to certain software tools and functionality (“Services”) for the purposes of allowing and facilitating the submission or posting of research outputs and results in various forms including book chapters in whole or part, manuscripts, and comments on and reviews of such content, and the like. By using our website(s) and/or Services, you agree to not interfere with or otherwise disrupt any of the Services, the operation or proper functioning of the Services, or any person’s use of or access to the Services. This includes but is not limited to employing trojan horses, viruses, and other malware, breaches of or tampering with the Services, or attempts to probe, scan, or test for vulnerabilities in the Services or POOMS’ websites or our computer systems, networks, usage rules, or any of our security components, authentication measures or any other protection measures applicable to our websites or the Services, or the content or any part thereof.

POOMS' API

POOMS provides certain application programming interfaces for the POOMS Sites (the “POOMS API”). You agree not to make any unauthorized use of the POOMS API or interfere with the functionality or proper working of the POOMS API. Through your use of the POOMS API, you agree not to, at POOMS’ sole discretion, use an unreasonable amount of bandwidth or unreasonably burden POOMS’ servers. The POOMS API is provided “as is” without any support or warranty of any kind. POOMS makes no guarantees that the POOMS API will be available. POOMS reserves the right to modify or discontinue, temporarily or permanently, the POOMS API with or without notice at any time. You agree that POOMS shall not be liable to your or to any third party for any modification, suspension or discontinuance of the POOMS API.

OWNERSHIP OF SITES

Unless otherwise indicated, the POOMS Sites are the property of POOMS. You acknowledge and agree that the POOMS Sites, and any necessary software used in connection with the POOMS Sites, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All POOMS Sites code and specifications are subject to their stated or implied licenses.

PRIVACY

For information on how we treat personally identifiable information, please read our Privacy Policy, which is hereby incorporated by reference.

GENERAL PRACTICES REGARDING USE

POOMS reserves the right to limit, suspend or terminate your access and use of the POOMS Sites at any time without notice.

BOOK CHAPTER AND CONTENT SUBMISSION

By submitting peer reviews, book chapters for publication, or other content for posting on the POOMS Sites, you agree to (i) comply with these Terms of Use and any POOMS guidelines and policies made available to you on a POOMS Site, (ii) have the Creative Commons Attribution (CC BY) license applied to material you submit, and (iii) provide any information required by POOMS during or as part of the submission process. You are responsible for all content that you submit for posting or publication on the POOMS Sites.

YOUR CONTENT

To the extent you submit content such as comments, peer reviews, manuscripts and other research outputs on a POOMS Site, you grant POOMS a royalty-free, non-exclusive, irrevocable right to publish, reproduce, distribute, transmit, display, store, translate, create derivative works from and otherwise use your content (in whole or part) and/or to incorporate it in other works in any form, manner, format, or medium, whether now known or hereafter developed, throughout the world and in any language, for the entire duration of any such right and to permit/sublicense others to do any or all of the foregoing. To the extent permitted by law, you waive all moral rights in your review. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
POOMS will determine in its sole discretion whether to publish your content and we reserve the right not to publish anything that does not meet our standards, guidelines or policies.

IMPERMISSIBLE ACTS

As a condition to your use of the POOMS Sites, you agree not to:

Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic or offensive; or that infringes another’s rights, including any intellectual property rights
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store or modify personal information about other users
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation
Modify, adapt or hack the POOMS Sites or falsely imply that some other site is associated with the POOMS Sites or POOMS
Use the POOMS Sites or POOMS API for any illegal or unauthorized purpose. You must not, in the use of the POOMS Sites or POOMS API, violate any laws in your jurisdiction (including but not limited to copyright laws)

VIOLATION OF THESE TERMS OF USE

You acknowledge that POOMS has no obligation to pre-screen or monitor your access to or use of the POOMS Sites or POOMS API or any information, materials or other content provided or made available through the POOMS Sites or POOMS API, but has the right to do so. You hereby agree that POOMS may, in the exercise of POOMS’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use or that is otherwise objectionable.

MODIFICATIONS TO THE POOMS SITES AND TERMS OF USE

POOMS reserves the right to modify or discontinue, temporarily or permanently, the POOMS Sites (or any part thereof) with or without notice at any time. You agree that POOMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the POOMS Sites or POOMS API. POOMS reserves the right to change these Terms of Use by posting changes on this page of the POOMS Sites. By using the POOMS Sites or POOMS API, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

LINKS

The POOMS Sites may provide links to other web sites or resources. You acknowledge and agree that POOMS is not responsible for the availability of such external sites or resources, and that POOMS does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your business dealings with any third-parties through the POOMS Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that POOMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that a creative work that you or an entity you represent owns has been used on a POOMS website in violation of copyright laws, and you want to request that the material be taken down, please contact POOMS’s designated agent:

Attn: Legal
POOMS Publishing
30 N Gould St. STE 4000,
Sheridan, WY 82801
Phone: (307) 363-0106
Email: copyright@pooms.org

DISCLAIMER OF WARRANTIES

YOUR USE OF THE POOMS SITES, POOMS API OR ANY WEB SITE TO WHICH THEY LINK IS AT YOUR SOLE RISK. THE POOMS SITES, POOMS API AND THEIR CONTENT ARE PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. POOMS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE POOMS SITES, POOMS API OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE POOMS SITES, THEIR CONTENT, POOMS API OR ANY WEB SITE TO WHICH THEY ARE LINKED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POOMS OR THROUGH OR FROM THE POOMS SITES OR POOMS API SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

INDEMNIFICATION, LIMITATION OF LIABILITY

You agree to indemnify and hold POOMS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the POOMS Sites, POOMS API, your violation of these Terms of Use, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. You are solely responsible for your actions when using the POOMS Sites, including, but not limited to, costs incurred for Internet access. POOMS reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

IN NO EVENT SHALL POOMS OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE POOMS SITES, THE POOMS API, THEIR CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.

SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

GENERAL TERMS

These Terms of Use constitute the entire agreement between you and POOMS and govern your use of the POOMS Sites, superseding any prior agreements between you and POOMS (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by POOMS. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law principles. The failure of POOMS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against POOMS and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the POOMS Sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.