Terms of Publication

      

Author responsibilities

  • The Paper submitted to DMP is an original, unpublished work, and is not under consideration for publication elsewhere. Please be aware that DMP checks all submitted manuscripts for plagiarism. We use iThenticate, the leading edge CrossRef system.
  • To include a disclosure if the abstract has been presented at a meeting.
  • The Paper is submitted in accordance with DMP's Author Guidelines.
  • Signed copyright permissions are obtained from copyright owners for any material over 44 words reproduced from another source and all figures and illustrations from another source or adapted from another source. 
  • Any words in a language other than English are accurate.
  • All facts and references are correct.
  • The Author warrants and guarantees that the Paper protects the confidentiality of individuals or organizations mentioned in the Paper, and further warrants that the Author has obtained and can supply upon demand written permission from any parties for the reproduction of their verbal statements, written statements, or client records.
  • The Author warrants and guarantees that, where the Paper represents results of research, and where there is an applicable ethics committee overview of the research, approval has been obtained and complied with.
  • Any clinical trials are registered in a public trials registry at or before the time of first patient enrolment.
  • The Author warrants that he or she is the sole legal and equitable owner of the Paper, and that the Author is fully capable of granting the Exclusive License to DMP and entering into this Agreement.
  • By acknowledging consent to the terms and conditions of this Agreement, the Author unconditionally confirms that they have obtained any and all necessary copyright authorisation/s as required by law from any third party in respect of the indefinite use of copyright material of any nature, whether data, tables, text or otherwise which has been used either partially or wholly in any material submitted by the Author to DMP.  The Author also confirms that any third party copyright materials which have been reused either partially or wholly in any way in producing material submitted to DMP have been fully cited in the Author's document by identifying the original source and copyright owner and noting any terms and conditions of use of such third party, whether expressly stipulated by the third party or otherwise.
  • In respect of any document submitted by the Author and published by DMP through any medium the Author agrees at all times to indemnify DMP in respect of any loss or damage, direct or consequential, and whether arising in tort (including negligence or breach of statutory duty), contract or otherwise, which may be suffered by DMP as a direct or indirect result of any breach by the Author of any of its legal obligations or duties, whether under these Terms of Publication, or as the result of any negligence, breach of statutory duty or any other act or omission on the Authors part whatsoever. The Author agrees to pay upon demand any amount for which DMP may become liable as a result of any action or liability that is incurred by DMP in this regard, and for the avoidance of doubt, including solicitor-client costs of enforcement hereof.

Author(s) employed in commercial institutions

Author(s) employed, for gain or otherwise, or associated or allied to any commercial institution (including but not limited to the list of examples above) shall NOT reproduce, distribute, link or post their DMP published paper on their company website in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation without first obtaining the prior written permission of DMP. DMP reserves all rights to institute legal proceedings against the author(s) and/or their institution in such circumstances.

Understandings

  • The Paper submitted to DMP is subject to peer and editorial review. The decision of the Editor-in-Chief whether to accept or reject any paper is full and final.
  • DMP reserves all of its rights to refuse or decline any Paper submitted for consideration for publication, to refuse or decline to publish any Paper, or remove or delete any published Paper where it is considered, at Dove's sole discretion, that there has been a breach of any of the terms and conditions of this Agreement by the Author.
  • On acceptance of the Paper for publication under a CC-BY-NC license, the Authors retain the copyright in their Work but assign an exclusive commercial re-use right to Dove Medical Press Ltd ("DMP"). Authors may make any noncommercial use of their work that they wish. However anyone wishing to make commercial use (see sections 4 and 5 here) of the Work is required to seek prior written permission from the Publisher, DMP. For the avoidance of doubt, the exclusive commercial re-use (see sections 4 and 5 here) right assigned to DMP extends and includes any work (or part thereof) which is provided by way of a restricted act in terms of the Copyright Act 1993 or at common law. Any commercial use, or re-use, (see sections 4 and 5 here) of the Work without DMP's prior written consent (which includes without limitation any referral or URL link to any Work published on DMP's website for business/commercial purpose) will be a breach of these terms of publication and the author or third party acting in breach of these terms of publication will be liable to DMP for such amount as DMP would have charged for providing permission for commercial re-use of the Work, PLUS all legal/recovery costs in enforcing DMP's exclusive commercial re-use rights and licence against the party in breach. 
  • On acceptance of the Paper for publication under a CC-BY license, the Authors retain the copyright in their Work. Authors may make any use of their work that they wish. 
  • As the exclusive holder of the commercial re-use right over the Work of the Author, DMP does not pay, and does not have any obligation to pay, any monies, royalties, fee, commission or remuneration whatsoever nor does it grant or confer any financial benefit directly or indirectly to the Author or any person nominated by the Author in relation to the Work. 
  • A complimentary PDF of the published paper will be supplied to all authors for noncommercial use only.

Conflict of Interest

  • The Author of a Paper submitted to any DMP journal must inform the journal's editor of any commercial associations or financial interests held by the Author (including all authors of the Paper) or immediate members of the Author's family (or families as the case may be), which might be construed as posing a conflict of interest, including but not limited to consultancies, employment, expert testimony, honoraria, retainers, stock holdings or options, and membership on boards of for-profit organizations with a financial interest in the Paper.
  • The Author is responsible for collecting disclosure information for each of the co-authors in a multi-authored paper. DMP's editor(s) will determine what disclosures, if any, should be made available with the published Paper.
  • DMP subscribes to the general intent of the principles adopted by the International Committee of Medical Journal Editors (ICMJE) on the control of data in publications arising from sponsored research. The Author submitting a manuscript for a Paper for any study funded by an organization with a proprietary or financial interest in the outcome shall have access to all the data in that study, and to have complete responsibility for the integrity and accuracy of the data, and the decision to publish.
  • Further, where a submitted manuscript has been prepared or supported by any third party, the Author shall disclose this information to DMP in the manuscript of the Paper.

Electronic Usage

  • The Author is permitted to post the Paper on a website until DMP has accepted the Paper for publication. The Author shall add the following notice to the first page of the Paper upon its submission to DMP for publication: "This article has been sent to Dove Medical Press Limited for publication."
  • If the Paper is accepted for publication, the author's accepted manuscript (AAM) can be deposited in an open repository. The final published article or version of record may also be deposited but should be linked to the AAM to avoid duplication.
  • Where DMP accepts the Paper for publication the Author may post an exact copy of the Paper submitted to DMP for publication on a website with the following notice on the first page of the Paper: "This article has been accepted for publication in (insert name of relevant DMP journal)."
  • Upon publication of the Paper the Author shall amend the notice on the first page of the Paper published on such a website to state: "This article is published in (DMP journal name, issue, date, and pages)."
  • Authors may post the published Paper (in .pdf format) on any website that they wish, subject to the commercial use/re-use conditions arising from the CC-BY-NC or CC-BY license (included in these Terms and Conditions).

Dispute Resolution

  • Governing law/jurisdiction: This Agreement is governed by the laws of New Zealand, and subject to exclusive jurisdiction of New Zealand.
  • General: Where any dispute, disagreement, difference or claim ("Dispute") between the parties in any way arising out of the publication of any paper, these terms and conditions of publication or the Exclusive License or this Agreement, or concerning the interpretation or effect of these terms and conditions of publication or the Exclusive License or this Agreement, the parties will make a genuine effort to resolve the Dispute by using the procedures set out in this dispute resolution clause.
  • Representatives for Negotiation: The party seeking resolution of a Dispute (‘the First party") must provide written notice of the same to the other party ("the Other party") and nominate in that notice its representative(s) for the negotiation, along with all relevant contact details The Other party must within 5 working days notify the First party in writing of the name(s) of its representative(s) for the negotiation, along with all relevant contact details. Each representative nominated shall have authority to settle the dispute. For a period of the 10 working days after the First party receives a notification of the Other party's representative, and with time being of essence, the parties shall with best endeavours and in good faith negotiate to attempt to resolve the matters raised in the dispute notice and shall (subject to privilege) furnish to the other party all information with respect to the dispute which is reasonably requested by the other party. In this clause, a working day means any day of the week, other than a Saturday or a Sunday, that a registered bank is open for business in Auckland, New Zealand.
  • Referral to Arbitration: If the Dispute remains unresolved after the expiration of the 10 working day period discussion and negotiation between the parties, then the Dispute must be submitted to the arbitration of a single arbitrator agreed on between the parties, or in default of agreement to be nominated by the President of the New Zealand Law Society. Any Dispute shall be finally settled by arbitration in Auckland, New Zealand. The arbitration will be conducted in accordance with the Arbitration Act 1996 and the provisions of the Second Schedule of the Act will apply. The parties reserve the right to appeal to the High Court on any question of the law arising out of an award. The arbitrator may make an award as to costs as the arbitrator considers appropriate in the circumstances. The costs of any arbitration shall be borne equally by the parties unless such arbitrator shall decide one party has acted unreasonably, in which case the arbitrator shall have discretion as to an award of costs.
  • Urgent Interlocutory Relief: Neither party shall commence legal proceedings against the other save that nothing in this clause will preclude or prevent either party from taking immediate steps to seek urgent injunctive relief before an appropriate court.
  • Pending Resolution: Pending resolution of the Dispute, this Agreement will remain in full effect, and the parties shall continue to actively discharge their obligations hereunder, however without prejudicing the parties' respective rights and remedies.
  • No Public Statement: The parties agree that pending final resolution of any Dispute hereunder, neither of them shall make any press release, public announcement or statement concerning the subject matter of the Dispute to any person or organisation (save as expressly or by implication authorised herein).

Definitions

The following defined terms have the corresponding meaning in these terms of publication: “DMP” or “Publisher” means Dove Medical Press Limited;  “Paper” means the medical or scientific paper or works submitted by the Author to Dove Medical Press Limited for publishing; “Author” means the author or all authors (as the case may be) of the Paper; “Agreement” means DMP’s terms of publications, and author guidelines as published on DMP’s website (as amended from time to time); “Exclusive License” means the irrevocable granting by the Author to DMP of an exclusive world-wide right, in perpetuity, to publish, distribute, use, and derive benefit from the Paper.

Updated 30 October 2017