Terms and conditions of use of Peerus
- Creating and closing a profile
- Obligations and liability of the Company
- Obligations and liability of the User
- Intellectual property
- Applicable law and jurisdiction
1 – Purpose
The present Terms and Conditions of Use (hereinafter the (T&Cs”) detail the rights and obligations of DSRT, whose registered office is 103 Avenue du Maréchal de Saxe, 69003 Lyon, France, registered under the Commercial Registry of Lyon under number 805 067 279 (hereinafter referred to as the “Company”) and of all users of the PEERUS service (hereinafter referred to respectively as the “Service” and the “User” and / or “You” / “Your”) accessible on the website www.peerus.com or any mirror websites (hereinafter referred to as the “Website”)
2 – Creating and closing a profile
When You want to use the Service, Your first need to create Your own profile. To do so, You need to access the Website and complete all compulsory information notably regarding Your identity, the identification of Your laboratory and / or institute of research, Your email address and information regarding Your professional credentials, fields of research, …. All the professional information related to You is essential to obtain the best relevant results when using the Service. You may create a profile to use the Service if You are a natural person who has full legal capacity and are employed as a researcher by a laboratory, a research institute or an university. You must use the profile under Your legal name in order to use the Service efficiently. When creating Your profile, You undertake to provide accurate information and update it regularly. Creation of Your profile implies full acceptance of the present T&Cs, which is confirmed by clicking on “Accept the T&Cs” when creating Your profile. The T&Cs are made available to You when You create Your profile, before finalising Your profile and the aforementioned acceptance. You can print or save the T&Cs after reading them. The Company reserves the right to change the T&Cs at any time. In this case the Company will inform You when You connect Yourself to the Website for the first time after the modification of the T&Cs. You will have then to confirm Your acceptance of the new T&Cs in order to access to the Service. Users who accept the T&Cs subject to reservations, or do not accept the T&Cs, cannot access the Website or use the Service. You can decide to close Your profile at any time by clicking on “Delete my profile”. The Company reserves the right to close or suspend the profile of any User who is in breach of its commitments under the T&Cs. In the event of suspension or closing, it is impossible for the User to access his profile, without prejudice to any other damages that the Company may claim. If the present T&Cs are translated into one or more languages, the French version hereof shall prevail between the Parties in the event of a contradiction or dispute regarding the meaning of a term.
3 – Obligations and liability of the Company
The Company shall do its best efforts so that You may access to the Service 7 days / 7 and 24 hours / 24. However You agree that the Company cannot be held liable for any unavailability of the Website and / or the Service due to technical hazards linked to the internet, a force majeure event, the internet connection of a User or his equipment, the maintenance operations required for the smooth functioning of the Website and / or the Service, or the interruption of access to the Website or Service to protect the profiles from a virus attack. The Company undertakes to implement the technical means at its disposal to maintain as far as possible the integrity and security of the Service and Website and the confidentiality of Users’ personal data. However, there is no guarantee that the Service is free from errors, bugs, flaws or defects and / or that no intrusion or fraudulent maintenance by a third party of a User’s profile or illicit data extraction will occur. The Company grants You a royalty-free license to use the Service to facilitate Your scientific researches, as mentioned in Article 5 hereafter. Consequently the Company creates merely hypertext links pointing to abstracts of scientific papers edited and published by third parties. The Company undertakes to do its best effort to maintain these hypertext links accurate and up-to-date. However the Company may not be held liable (i) if an hypertext link does not function, or (ii) for the content of the abstracts and / or scientific papers You have access to via the Service, and / or (iii) for the use You make of these abstracts and / or scientific papers. The Company does not act as the editor of the information You have access to via the Service. Accordingly the Company will not carry out any moderating, selection, checking or control of the content published on the Website. In the event of a complaint by a third party or User concerning any content published and / or any content You have access to via the Service, the Company must be notified in accordance with Law No. 2004-575 of 21 June 2004 regarding confidence in the digital economy. The Company cannot be held liable for any damage to a third party or User resulting from the breach or non-compliance by another User with one of its obligations under the T&Cs. Consequently, in the event of action or a claim by a third party against the Company, the Company may institute proceedings against any User who, by failing to respect the commitments of the present T&Cs, causes the complaint by the aforementioned third party to the Company.
4 – Obligations and liability of the User
You are responsible for keeping Your username and password confidential and for the use that is made of Your profile, and must take all of the usual precautions to regularly change his password. In the event of loss or discovery of an intrusion into its profile, You must immediately change Your password and follow the security procedure on the Website to recover Your username or password. You are aware that the content and abstracts You have access to through the Service are only made available to You to decide whether or not You are interested in accessing the whole content of the scientific paper concerned. If You are interested to the scientific paper concerned, You must pay, either directly or through Your laboratory and / or institute of research, to the publisher and / or editor of said scientific paper for the complete access. The Company shall not be considered as an intermediate in this transaction and has no financial interest in this transaction. When accepting to create Your profile and accepting those T&Cs, You expressly accept that the Company propose Your name as a reviewer to other Users that are in the process of proposing the publication of their scientific paper and looking for reviewer, such proposition being based on Your scientific credentials: as a consequence, You accept that the Company provides said User with Your email address in order for the concerned User to contact You for such review. No other uses of email addresses of Users of the Service are allowed. Accordingly You waive all claims against the Company in connection with proceedings instigated by a third party or another User against the Company due to uses of Your personal data that will be against the T&Cs. It is the User’s responsibility to make sure that his equipment and internet connection are sufficient to access the Website. All Users acknowledge that any action likely to interrupt the Service, limit its availability or prevent its continuity, is prohibited. The Company is entitled to take action against the User for any intrusion or attempted intrusion into the Website and / or Service, hijacking of data, infringement of the security and authentication measures of the Service, and more generally any breach of the T&Cs. If You discover abuse or a breach of the commitments made by each User under the T&Cs, You undertake to immediately notify the Company by email at the following address: firstname.lastname@example.org.
5 – Intellectual property
The Service, the functions it provides, the Website and all of the elements they comprise are the property of the Company, including the related intellectual property rights. The Company grants all Users a free, limited, personal, non-transferable and non-exclusive licence to use the Service through the Website on any mobile device or computer. Any other use is expressly excluded. PEERUS is a registered trademark that You cannot use without prior written authorization of the Company.
The Company is particularly aware of the intellectual property rights attached to the abstracts available through hypertext links on its Service. Accordingly the Company tries to have written authorizations from the publishers to install the hypertext link and/or to allow access to the abstracts. This access shall not be considered as a right to reproduce, diffuse and / or use said abstracts to which copyrights are attached. In all cases You must indicate the source of said abstracts (i.e. the publisher’s details) and the name of the author(s). If You need to have further authorization to use, reproduce and / or diffuse said abstracts You need to contact directly the publisher and / or author. The Company declines all liability related to the use of the abstracts that would contravene the copyrights of the author(s) and / or publisher(s).
6 – Privacy
The Company collects personal data concerning the Users in order to manage the Website and the Service and enable them to function, to manage its activities, and to manage its clients and prospects. The Company has declared its processing of personal data to the French Data Protection Authority (CNIL). Some of these personal data are transferred to subcontractors in order to ensure the performance of the Service, in accordance with the above mentioned declaration to the French Data Protection Authority (CNIL).
You agree that the following personal data of Users is accessible to all other registered Users in the event of a review proposition transmitted by the Company: email address.
A transfer of personal data is performed by the Company towards its subcontractors and service providers according to above-mentioned declaration made to the CNIL. In any case, pursuant to the French Data Protection Act of 6 January 1978, You have the right to access, modify and remove Your personal data. To exercise Your right, You must contact: Privacy Department, 103 avenue de Saxe, 69003 Lyon, France, email@example.com.
7 – Applicable law and jurisdiction
T&Cs are governed by French law. In the event of a dispute regarding the validity, interpretation and/or performance hereof, the Parties agree that the courts of Lyon shall have jurisdiction.