Website Terms and Conditions of use
Dove Medical Press Limited Terms and Conditions
1.1 These terms and conditions (Terms) set out the basis on which you may browse and use (i) our website, available at www.dovepress.com (the Site); (ii) any services offered through it; and (iii) any articles (which includes each article’s the text, illustrations, tables, abstracts and data) published by us (DMP Articles) and made available via the Site and/or via other third party websites authorised by DMP, as applicable.
1.2 The Site is owned and operated by Dove Medical Press Limited, a company registered in England and Wales with registered no. 4967656 and registered address at 97 Judd Street London WC1H 9JG (we, us or our).
1.3 Your use of the Site will be governed by these Terms which will be a legal contract between us and you. By browsing or using the Site and/or the DMP Articles and/or any services, content or materials made available through the Site you are agreeing to be legally bound by the Terms.
2. Changes to the Terms
2.1 We may revise the Terms at any time by amending this page. Your use of the Site will be subject to the most recent version of the Terms available on the Site.
2.2 We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.
3. Access and use of the Site
3.1 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.
3.2 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
3.3 You are responsible for making all arrangements necessary for you to have access to the Site.
4. Use of Articles
4.1 To the extent that any DMP Articles are licensed under the standard terms of any Creative Commons License, the terms of each such License are hereby incorporated into these Terms and supplemental to the other provisions of these Terms.
4.2 To the extent that any DMP Articles are licensed under the standard terms of the Creative Commons Attribution-Noncommercial License (available here), (Non-Commercial DMP Articles), you may use the Non-Commercial DMP Articles, free of charge, for non-commercial purposes without our prior consent.
4.3 You may not make commercial use of any Non-Commercial DMP Article, without our prior written consent and payment of the appropriate fees, even if you are the author or the employer, funder or affiliate organisation of the author of such Non-Commercial DMP Article. For the purposes of these Terms, “commercial use” means use in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation, including but not limited to provision or distribution (including by way of hyperlink) of any Non-Commercial DMP Article or part of any Non-Commercial DMP Article (including any abstract, figures or tables) in any format:
4.3.1 to support marketing activities;
4.3.2 in response to medical information requests;
4.3.3 to support activities at a conference, exhibition or trade show;
4.3.4 as resource material on a company or product-specific website;
4.3.5 to support company training of any individuals for any purpose;
4.3.6 for use by medical liaison representatives;
4.3.7 to supplement or replace a purchased paper or electronic reprint of any published DMP
4.3.8 in other publications published by a commercial organisation for any commercial purpose;
4.3.9 on any third party website (including, but not limited to PubMed, CNKI, and similar) for
any commercial benefit, advantage or private monetary compensation.
5. Commercial Use of Non-Commercial DMP Articles
5.1 If you would like to make commercial use of any Non-Commercial DMP Article or part thereof, please select the “Get Permission” tab next to the Non-Commercial DMP Article on the Site.
5.2 Some DMP Articles (including Non-Commercial DMP Articles) are also available to purchase in electronic or re-printed formats. More information about purchasing DMP Articles is available here.
6. Payment and Interest
6.1 Invoices are payable within the period specified on our invoice.
6.2 If you fail to make any payment due to us by the due date for payment, then, without limiting our other remedies, you shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
7. Intellectual property rights
7.1 Unless otherwise indicated, we are the owner or the licensee of all intellectual property rights in the Site and in any material available on it.
7.2 You may not copy or use any part of the Site, DMP Articles or other content made available through it other than as expressly permitted by the Terms.
7.3 If you copy or use any part of the Site, DMP Articles or other content made available through it in breach of the Terms the, without prejudice to any of our rights and remedies, your right of use will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Uploading content to the Site
8.1 From time to time the Site may include functionality that enables you to upload content directly on to the Site, such as blogs or message boards which allow the upload of user generated content (UGC Functionality).
8.2 When using any UGC Functionality on the Site you agree that you will not submit or upload any content:
8.2.1 that is confidential, defamatory, infringing, obscene, offensive, racist, indecent, threatening
or is otherwise unlawful or objectionable;
8.2.2 that you do not own or do not have the permission of the owner or any other
relevant person who may have rights in or connected to the content your are uploading;
8.2.3 that includes any personal data if uploading it to the Site would be a breach of the Data
Protection Act 1998 or any other applicable data protection or privacy legislation; or
8.2.4 if submitting it to the Site would infringe the intellectual property rights or any other rights
of another person.
8.3 As between you and us you will own any content or material (Your Content) you upload to the Site as part of the UGC Functionality. You agree that we shall have the indefinite and worldwide right to copy, distribute, adapt and use Your Content for any purpose or otherwise make it available to the public.
8.4 The views expressed by other users on the Site do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user of the Site.
8.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, their right to privacy, or any other legal rights.
9. Notice and takedown procedure
9.1 We do not actively monitor content that users of the Site upload directly onto the Site. We do not therefore accept any responsibility or liability for any such content on the Site.
9.2 If you become aware that other members of the Site have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the Terms you may notify us by contacting us at publisher @ dovepress.com.
9.3 We have the right to remove Your Content at any time for any reason and without notice in our sole discretion.
9.4 For the avoidance of doubt any decision we make in connection with the removal of any content from the Site is final and we accept no liability to you in respect of any such decision.
10. Termination and suspension
10.1 We may, in our sole discretion, terminate or suspend your access to the Site immediately without notice if you breach any of the Terms.
11. Data protection and privacy
12. Links from the Site
12.1 Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
13.1 Except as expressly provided in the Terms, the Site and any content provided through it are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Site or any content, products or services provided through it including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.
13.2 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You are advised to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
13.3 We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Site or any products, services or content provided through it will be free from errors or omissions.
13.4 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
13.5 Nothing in the Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
14.1 You shall indemnify, defend and hold us harmless, on demand, from and against all actions, claims, causes of action, proceedings and demands of whatsoever nature or kind, as well as from and against all damages, liabilities, obligations, losses, costs charges, penalties, fines and expenses (including reasonable legal fees resulting therefrom) arising out of or in connection with your breach of the Terms.
15. Limitation of Liability
15.1 Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
15.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Site or any content on it, or services provided through it, whether express or implied.
15.3 We will not be liable to you or any other user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site or any products or services provided through it including without limitation any direct loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings or any indirect, special, consequential or punitive losses of any kind.
16.1 The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
16.2 You may not assign, sub-license or otherwise transfer any of your rights or obligations in the Terms to any other person without our written consent.
16.3 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
16.4 If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
16.5 These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and if you are a business you agree to submit to the exclusive jurisdiction of the English courts.
Updated 12 November 2015