Terms of Service
Your use of this website located at www.IntellectualArchive.com (this Site) is conditional on your acceptance of the Terms of Service of use set forth below ("Terms of Service"). By browsing, accessing, linking, using, posting, uploading, and/or downloading from this Site ("Access"), you agree to accept and abide by these Terms of Service for each use and each visit of this Site. If you do not agree with these Terms of Service, you should not Access this Site.
These Terms of Service are between Shiny World Corporation and you. You expressly represent that you are of legal age and that you are not prevented by any law from entering into this Terms of Service. If you are accessing this Site on behalf of another person, you represent that you are authorized to accept these Terms of Service on that person's behalf. Unless explicitly stated otherwise, these Terms of Service will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
- Definitions: In addition to the terms defined throughout these Terms of Service, the terms "we", "us", and "our" refer to Shiny World Corporation. The terms "you" and "your" refer to you: the user of this Site.
- Changes to Terms of Service: We reserve the right, at any time, to modify, add to, delete from, alter, or update these Terms of Service ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms of Service posted on this Site and to be aware of the Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms of Service as changed.
- Permitted and Prohibited Uses: Consistent with local, state and federal laws, we reserve the right to refuse to do business with any person in our sole discretion. This Site is intended for the lawful use of members of the general public. Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, limited right to access, use, and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, and sounds, and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
- sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
- transfer the Content to any other person without our prior explicit written consent;
- use this Site in any manner that could damage, disable, overburden or impair this Site;
- upload, post, or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
- interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
- infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
- disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
- use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
- transmit on, to or from this Site spam, chain letters, junk mail, or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
- attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of this Site.
Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trademarks held or licensed by us. Any reproduction or use of the Content without our express prior written permission is prohibited. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights. Information posted on this Site belongs to the respective users. We respect the intellectual property of others and ask you to do the same.
Registration: To post documents, files, comments, and opinions, you must register as a member of this Site. When you register as a member, you must post your profile. When you submit your document on this Site, you represent that all information you list on your profile is true and current. You expressly agree not to create false profiles of any third party or fictitious profiles. By posting your document on this Site, you agree and consent to receive emails, telephone calls and/or faxes from us, our agents, and employees. You also agree to be contacted by other users of this Site.
Postings: When you post documents, comments, and opinions, you expressly agree that your document or post:
- In case of public registrations I grant IntellectualArchive.com and Shiny World Corporation a perpetual, non-exclusive license to distribute submitted documents on the Internet;
- In case of public or semi-private registrations I grant IntellectualArchive.com and Shiny World Corporation a perpetual, non-exclusive license to distribute submitted short descriptions (abstracts) on the Internet, and to print and distribute it to libraries;
- I understand that IntellectualArchive.com reserves the right to reject and/or delete my submission either before or after it becomes available to the public;
- I understand that submitted documents cannot be removed by me;
- I confirm that I have the right to grant this license.
- is not false, inaccurate, offensive or misleading.
- does not violate any government regulations.
- is not defamatory or libelous.
- does not infringe any intellectual property rights, or violate the privacy of any one.
You expressly agree that you will not use this Site as a forum to unlawfully harass any company, web-site or person or use it to post documents, comments or opinions that are offensive by the matter of race, religion or are hateful. We reserve the right to delete any document, comment or opinion that is in violation of this Terms of Service. When you submit any documents, comments or opinions, we will review them before they are published on this Site. We reserve the right to refuse to publish any document, comment or opinion without assigning any reason for the refusal.
Publication in 'IntellectualArchive' multidisciplinary journal:
By submitting your article to the 'IntellectualArchive' multidisciplinary journal, you confirm that you (the "Author") have read, understood, and agreed to the following conditions:
Platform: This Site acts as a platform for posting documents, comments, and opinions. The documents, comments, and opinions reflect the views of the respective poster and we do not have any control over such views. The documents, comments, and opinions do not reflect the views of Shiny World Corporation. Exercise caution when acting on the documents, comments, and opinions of other users of this Site. Your use of and reliance on the documents, comments, and opinions of other users of this Site is solely at your risk.
Links: This Site may contain links to other external sites, which do not belong to us. We do not verify the contents of such sites. We have no control over such sites. Your use of such other sites is solely at your risk. Your use of such sites is governed by their respective Terms of Service.
Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non infringement. Your use of this site is solely at your risk. We shall in no event be liable to you for any indirect, special, punitive, incidental, reliance, exemplary, or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused from your use of the contents of this Site. Neither we nor any of our officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive, or consequential damages arising out of the use of this Site or the services provided through this Site or the inability to gain access to or use this Site or services or out of any breach of any warranty, even if we have been advised of the possibility of such damages.
Indemnity: You agree to defend, indemnify and hold harmless us, our directors, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of these Terms of Service.
Choice of law: These Terms of Service shall be deemed to have been made and performed exclusively in Ontario, Canada and shall be governed by and construed under the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Ontario, Canada for any claim related hereto, arising here from or in connection herewith and agree not to bring any action, claim, suit, or proceeding against us or any officer, director, partner, or employee thereof in any jurisdiction other than Canada.
- If the article has several co-authors, the Author confirms that all co-authors are in agreement with and permit the publication of their article in the 'IntellectualArchive' multidisciplinary journal, the 'IntellectualArchive Bulletin,' and on the IntellectualArchive.com web site.
- The Author allows Shiny World Corporation (owner of IntellectualArchive.com, named below as the "Publisher") to include the article of the Author in the 'IntellectualArchive' multidisciplinary journal, to print it, and to send the Author's article, as published in the journal, to the libraries of Canada and the USA, the Publisher will choose.
- The Author allows the Publisher to post the electronic version of the 'IntellectualArchive' journal, containing the Author's article, on the website, IntellectualArchive.com, and to make it available on the Internet.
- The Author agrees that his/her individual article, which was submitted to the journal, can also be posted on the 'IntellectualArchive.com' website and that the article's abstract will be published in the 'IntellectualArchive Bulletin,' which will also be sent to major libraries (free of charge for the Author).
- In return, the Publisher confirms that the Author retains the copyright of his/her article and can submit it to any other online/offline media for publication without any restrictions from the Publisher.
- The Author acknowledges that the Publisher has no control over the cataloguing process that happens in the libraries and cannot guarantee the inclusion of publications into library catalogues and/or the online availability of catalogue records in specific libraries.
- The Author agrees that the Publisher may offer the 'IntellectualArchive' journal and 'IntellectualArchive Bulletin' for sale to libraries and/or over the Internet, using prices the Publisher will set. In return, the Publisher agrees to share with authors 50% of any profits that may arise from the sale of the 'IntellectualArchive' journal, paying to the Author the amount proportional to the total length of the Author's article(s). For example, if the profit accumulated after the sale of a specific issue of the 'IntellectualArchive' journal is $1000, the issue includes 125 pages, and Author submitted 25 pages of text, then the royalty payable to the Author will be $1000x50%x(25/125)=$100.00.
- The Author understands and agrees that the Publisher does NOT guarantee any sales of the printed journals, nor is any profit guaranteed.