This website is operated by PoolText, Inc., a Delaware company with headquarters located at One Broadway, 14th Floor, Cambridge, MA 02142, which promotes the discovery and review of original medical research ("PoolText"). The terms "we", "us" and "our" also refer to PoolText.
These terms of service, including our Privacy Policy, our Participation Guidelines for Authors ("Author Guidelines") and Participation Guidelines for Editors ("Editor Guidelines") (collectively, "Terms"), govern your use of our mobile application and website (the "PoolText Platform"), including all content available thereon, whether posted, uploaded or otherwise made available by us, our Authors, Editors, licensors, vendors or providers, and Articles and Reports (collectively, the "Content").
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates to the PoolText Platform. Your continued use of the PoolText Platform following the posting of any changes signifies that you accept the changes.
These Terms are divided into six parts:
Part 1
Definitions
The following capitalised words shall have these meanings in the Terms:
- Author
- A third party contributor to PoolText who provides us with the results of their original medical research in an Article(s).
- Article
- The results of an Author's, or other third party creator of, original medical research, provided to PoolText for our review and evaluation, our creation of Reports based on such Articles, and the potential discovery of Articles and Reports by Editors.
- Editor
- An editor of a third party medical journal, who qualifies for the PoolText Platform as set forth in the Editor Guidelines, who may use PoolText to discover Articles to consider for possible publication in a third party journal, and who may purchase from us and use Reports to evaluate such Articles.
- Report
- PoolText's proprietary reports containing PoolText's review, analysis and evaluation of any aspect of an Article, including but not limited to an Article's reference accuracy, reference actuality, plagiarism (similarity check) and language quality.
Part 2
Use of the PoolText Platform
Site Use, Content & Ownership
The PoolText Platform and Reports are available to users who are over the age of 13. By using this PoolText Platform, you represent and warrant that you are of legal age to form a binding contract with us and meet all eligibility requirements.
Subject to your compliance with these Terms and upon receipt of payment of any required fees, you are granted a limited, non-assignable, revocable, non-exclusive, non-transferable, non-sub-licensable right to access and use the PoolText Platform and Reports for personal use or internal business purposes; and to download and print Reports and/or Articles only and consistent with these Terms.
You agree not to (or permit a third party to) change, translate, reverse engineer, create derivative works, reproduce, duplicate, transfer, mirror or frame, publish, display, copy, sell, resell, lease or otherwise exploit the PoolText Platform or Reports, or any portion thereof, without express written permission by us.
Acceptable Use & Restrictions
You are responsible for all employees, consultants, or others who access and use the PoolText Platform using your login credentials. Users may not use the PoolText Platform for any third party, or for any purpose other than your benefit. Users must be unique individuals with one set of user credentials assigned to a single User — sharing login credentials is expressly prohibited.
You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind. You will not use the PoolText Platform or Reports to harass, abuse, bully, insult, harm, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or disease.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Fees and Payments
You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the PoolText Platform at the rates in effect for the billing period in which such fees and charges are incurred. Unless otherwise specified, all fees will be quoted and charged in U.S. dollars.
All fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
If fees cannot be charged to your designated payment method, we reserve the right to: (i) demand immediate payment of all outstanding fees; (ii) assess an additional 1.0% late charge; (iii) take all lawful steps necessary to collect fees owed; (iv) charge such fees to any other payment method on file; and (v) terminate or suspend your account/profile.
Third Parties
Certain aspects of our PoolText Platform may require you to register with, and agree to the terms of, third party service providers. For example, Stripe, Inc. provides our payment services and is subject to Stripe's terms and conditions at stripe.com/us/privacy and stripe.com/us/ssa. PoolText is not a party to those terms and conditions.
Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services.
Social Media & Linking
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable licence to create hyperlinks to the PoolText Platform and to use the social media features so long as: (a) the links only incorporate text, and do not use any of our trademarks; (b) the links and the content on your platform and social media do not suggest any affiliation with PoolText or cause any other confusion; and (c) the links and content do not portray PoolText or its Reports or services in a false, misleading, derogatory, or otherwise offensive matter.
The PoolText Platform must not be framed on any other site. We reserve the right to suspend or prohibit linking to the PoolText Platform for any reason, in our sole discretion, without advance notice or any liability.
Part 3
Submission of Articles
Representations and Warranties
You represent and warrant that you have the undisputed authority and full right to upload the Article on our PoolText Platform. If you are an Author, you further represent and warrant that no part of this Article has been copied or plagiarised from other research.
Additionally, you represent and warrant that:
- Your manuscript is not published in any journal previously.
- Your manuscript is not accepted by a journal or put in an order to be published.
- Your manuscript is not currently being reviewed or waiting for review by any journal.
- You will not submit your manuscript to any journal while it continues to be listed in the PoolText Platform.
- You will not try to upload the same manuscript into the PoolText Platform multiple times while it is already listed.
- Your manuscript does not contain any content incompatible with or in violation of the laws and/or legal requirements of your country or the United States of America.
- Your research meets the ethical guidelines, including adherence to the legal requirements of your country and the United States of America and the Declaration of Helsinki.
- You accept that the journal editors may review and evaluate your manuscript in accordance with the privacy rules.
A preprint DOI will be assigned to your article for security purposes after submission for discovery by editors. Only your article title will be recorded to the DOI System and Crossref on behalf of you and other authors. The abstract and full text are stored in the servers of PoolText with high security.
Ownership
Except as expressly provided otherwise, you or the owner of any Article or Content you post retain ownership of all rights, title, and interests in such Content. However, by posting or uploading such Content, you irrevocably grant us a royalty-free, non-exclusive, unrestricted, worldwide, perpetual right and licence to create Reports based on the Content including Articles, and to copy, reproduce, modify, edit, publish, distribute, transmit, sell, share, sublicense, syndicate, or otherwise use all such Content in any medium and for any purpose, including commercial purposes, and to authorise others to do so.
Copyright Complaints
If you have reason to believe that your Content has been copied and/or is accessible on the PoolText Platform in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by 17 U.S.C. sec. 512):
- 1A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 2Identification of the copyrighted work claimed to have been infringed.
- 3Identification of the copyrighted work that is claimed to be infringing, and information reasonably sufficient to permit us to locate such copyrighted work.
- 4Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and email address.
- 5A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- 6A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnification
You agree to indemnify, defend and hold harmless us, our licensors, vendors, or other providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expenses (including reasonable attorneys' fees) of any kind and nature, known and unknown, which may arise out of or are in any way connected with your access, submission of Articles or Content, and/or use of the PoolText Platform and Reports.
Part 4
Purchases Made via the Platform
Report Availability
PoolText shall use commercially reasonable efforts to make the PoolText Platform available, and Reports available for viewing and download, subject to planned maintenance downtime and circumstances beyond PoolText's control. All descriptions of Reports are subject to change at any time without notice. We reserve the right to discontinue any Report(s) at any time.
Pricing
PoolText reserves the right to change its prices at any time without notice. All prices are in United States Dollars (USD). All Reports are delivered via electronic download only. Prices are exclusive of all applicable taxes. Buyer is responsible for the payment of all taxes (including without limitation, withholding, excise, sales, value-added, and use taxes) and customs duties paid or payable.
Credit Card Payments via the PoolText Platform
Payment processing and storage of your credit card information are handled by Stripe, Inc. By using your credit card to make a payment on this PoolText Platform, you agree to comply with the terms and conditions set forth at stripe.com/us/privacy and stripe.com/us/ssa.
PoolText and Stripe maintain commercially reasonable administrative, technical and physical procedures to protect all personal information stored in their servers from unauthorised access and accidental loss or modification. However, neither PoolText nor Stripe can guarantee that unauthorised third parties will never be able to defeat those measures.
Refunds
Part 5
Use of the Reports
This section is only applicable to you if you have purchased our Reports. If you have purchased the Reports, you are referred to in this Section as "Buyer".
Right to Use
Buyer shall read, review, and use ("Use") the Reports for its own internal use only. We grant to Buyer a non-exclusive, non-transferable, restricted licence to use our Reports. Buyer shall be responsible for maintaining and safeguarding the security of its account passwords and shall not share its passwords with any other person or allow any third party to access the PoolText Platform or Reports under Buyer's account.
Restrictions on Use
Buyer shall not (or shall not permit any third party to):
- Modify, copy, or otherwise reproduce the PoolText Platform or Reports in whole or in part.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form, or structure of the PoolText Platform or Reports.
- Sublicense, assign, share, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the PoolText Platform or Reports.
- Create any derivative work of the PoolText Platform or Reports.
- Access the PoolText Platform or Reports in order to copy or build a platform or service using similar ideas, features, functions or graphics.
- Remove any proprietary notices or labels on the PoolText Platform or Reports.
Proprietary Rights
All rights not expressly granted to Buyer hereunder are reserved. Reports are licensed and not sold. All right, title and interest in and to the Reports, including all proprietary rights in and to all designs, engineering details, know-how, ideas, methodologies, concepts, and other technology and information pertaining to the PoolText Platform or Reports, are and shall remain PoolText's or its licensors'. The sale of the Report does not convey or confer upon Buyer any licence, express or implied, under any patent right, copyright, or other intellectual property right of PoolText.
Buyer Data
As between the parties, all data directly or indirectly submitted, uploaded, provided, or otherwise transmitted by Buyer on or through the Software ("Buyer Data") shall be owned exclusively by Buyer. Buyer hereby grants to PoolText the nonexclusive, royalty-free, right and licence to use, process, and transmit such Buyer Data in order to provide the PoolText Platform and Reports to Buyer. Specifically, and without limitation, Buyer will not provide any patient names or other personally identifiable information related to any such patients.
Disclaimers
Part 6
Applicable to the PoolText Platform and Reports
Privacy
Use of the PoolText Platform and Reports is subject to PoolText's privacy policy. Your use of the PoolText Platform signifies your acceptance of the privacy policy.
Feedback
If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us. Comments are not confidential. We are under no obligation to pay compensation for any comments or to respond to any comments.
Disclaimers
Limitation of Liability
IN NO CASE SHALL POOLTEXT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DEATH, PERSONAL INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE POOLTEXT PLATFORM OR REPORTS.
In no event will our total aggregate liability arising out of or in connection with these Terms exceed five hundred dollars (US$500.00); and the total cumulative liability of PoolText to a Buyer of the Reports for any and all claims and damages will not exceed the amounts paid by Buyer to PoolText for the Reports which form the subject of the claim in the twelve months immediately preceding the claim.
Indemnification
You agree to release, defend, indemnify, and hold PoolText and its affiliates and their officers, employees, directors, agents, partners, contractors, licensors, service providers, and subcontractors harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the PoolText Platform, Reports, any Content, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable law.
Termination
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the PoolText Platform or Reports, your account/profile, your ability to access, visit and/or use the PoolText Platform or Reports or any portion thereof, and/or the Agreement, for any or no reason, with or without notice.
All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. Any dispute arising out of these Terms shall be brought in, and the parties consent to personal and exclusive jurisdiction of and venue in, the state and federal courts within Suffolk County, Massachusetts.
Miscellaneous
Except as otherwise stated herein, these Terms constitute the entire agreement and understanding between you and us and govern your use of the PoolText Platform and your purchase and use of the Reports, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
The failure of PoolText to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. In the event of a conflict between the English language version of the Terms and any foreign language translation, the English language version shall govern and control.
Cooperation with Authorities
We will cooperate with law enforcement authorities as required by law and in any investigation of alleged illegal activity regarding the use of the PoolText Platform or Reports.
PoolText Inc.
Cambridge Innovation Center
One Broadway, 14th Floor, Kendall Square
Cambridge MA 02142, United States
California Residents
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: www.dca.ca.gov.
Contact Us
Questions about these Terms should be sent to:
PoolText Inc.
Cambridge Innovation Center
One Broadway, 14th Floor, Kendall Square
Cambridge MA 02142, United States