Terms of Use
1. Definition
"Intellectual Property Rights" means patents, utility models, trade or service marks, trade names, copyrights (including rights in computer software, source codes, and databases) and moral rights, design rights, inventions, discoveries, rights in know-how and all or any other industrial or intellectual property rights whether or not registered or capable of registration including, where the context allows, applications for any of the foregoing, and all rights or forms of protection having an equivalent or similar effect to any of the foregoing which may subsist in any part of the world, including any results developed in NanoFabNet;
"NanoFabNet" refers to the application programming interface/platform and the website located on nanofab-net.org as well as all content and services provided herein;
"Terms of Use" or "Terms" refer to the present document and any documents referred herein.
"Uploaded Article" refers to the article that you publish in NanoFabNet and metadata related to your publication, which may include personal data and non-personal data;
"we" or "us" or "our" refer to Ecole Polytechnique Fédérale de Lausanne, Bâtiment CE – 3.316 Station 1, CH – 1015 Lausanne, Switzerland.
"you" or "your" or "User" refer to any user of NanoFabNet;
2. Purpose of the NanoFabNet
NanoFabNet is a platform whose objective is to serve as an open-access repository where users can publish their scientific article. All the articles are visible and downloadable publicly and the DOI (Digital Object Identifier) is also available. Only the registered users can post comments and post articles.
The description of the services is more detailed online, and any description of the services available online are part of these Terms of Use. (Hereinafter referred to as the "Services")
The Services run on the cloud (hosted by Zenodo) and you can access it via web browsers. The articles are published immediately on Zenodo open-access servers and a DOI is obtained and shown on the article's webpage.
3. Duration and termination
You are granted access for an unlimited duration of time. You can close or delete your account whenever you want.
In the event of account's deletion, the licenses granted under these Terms of Use will also be terminated at the termination's date.
4. Services conditions
We will give access to NanoFabNet with all the functionalities. You accept the following conditions in relation with the Services:
- NanoFabNet is hosted in datacenters in Switzerland, operated by Switch.
- Due to the free basis of the Services, EPFL will not warrant any service availability.
- We will not offer any specific support services. For any question however, you can write an email to the following email address: info@nanofab-net.org.
- You may decide to publish Uploaded Article and share it with the rest of the world. This decision is yours and you must carefully analysis the legal situation before rendering publicly accessible your Uploaded Article.
5. Your Obligations
You undertake to comply with the following obligations:
- Upon acceptance of the Terms of Use, you are responsible to take any necessary measure to configure the access rights, and to read all proper instructions published here.
- You undertake not to publish in NanoFabNet any unlawful content, in particular content of a racist or pornographic character or which infringes the rights of a natural person. In particular, the following content is not permitted:
- any illegal, offensive or inappropriate content, including but not limited to any content representing violence, nudity, product placement, advertisement or simply not related to the Services
- You are personally responsible for ensuring that your use of NanoFabNet does not violate these Terms of Use or any applicable laws and regulations (e.g. criminal laws, data protection laws) and does not infringe on third parties' rights (including copyrights, database rights, trademark rights, design rights, patent rights, license rights and personal rights)
- You shall use NanoFabNet with all due care. In particular, you shall not use NanoFabNet servers for any form of excessive automated bulk activity (e.g., spamming), or relay any other form of unsolicited advertising or solicitation through our servers, or attempt to disrupt or tamper with our servers in ways that could harm NanoFabNet, to place undue burden on our servers through automated means, or by uploading content containing malware. We reserve the right to suspend or terminate your use of NanoFabNet at any time without notice if we determine any abuse in your use of NanoFabNet
- You must ensure that you have all required consent if you share personal data contained in your Uploaded Article
6. User Responsibility for Account Security
You are responsible for keeping your account secure. In particular you shall not disclose to others your account identification and password and shall protect that information from access by others.
If a third party obtains access to your account, you must inform the NanoFabNet immediately.
7. Finance
The access to NanoFabNet is delivered on a free basis.
8. Data protection
We will use your personal data in accordance with the Privacy policy available here and in compliance with applicable laws and regulations. This privacy policy forms part of these Terms of Use.
By uploading your documentation or content you represent and warrant that you duly informed the data subjects and have a duly legal ground to provide the personal data to NanoFabNet.
9. Intellectual Property
We reserve all rights including without limitation all copyrights contained in NanoFabNet, including the "NanoFabNet" name and logos and all rights on all our trademarks. You may not duplicate, copy, or reuse any portion of the NanoFabNet without our express written permission.
By uploading your documentation or content you represent and warrant that it is your original work, you own all rights to such content, and it does not infringe any third-party rights. We do not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
You remain the owner of your Uploaed Article and of Intellectual Property Rights pertaining thereto. However, if you decide to render publicly available your Uploaded Article or Intellectual Property Rights, you hereby grants other Users a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to to use, reproduce and share the Uploaded Article or Intellectual Property Rights for any purpose. If you share the Uploaded Article or Intellectual Property Rights, you must identify the creator/provider of the Uploaded Article or Intellectual Property Rights and you must indicate if you modified those rights.
10. Limited Liability
We cannot be liable for any breach of our obligations in case of force majeure.
The NanoFabNet is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, accuracy, correctness and non-infringement.
We do not warrant that NanoFabNet will meet your requirements; that NanoFabNet will be uninterrupted, timely, secure, or error-free; that the information provided through NanoFabNet is accurate, reliable or correct; that any defects or errors will be corrected; that NanoFabNet will be available at any particular time or location; or that NanoFabNet is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the NanoFabNet. Furthermore, we cannot be responsible for the content provided by any user.
In the case of any cyber-attack, we disclaim all liabilities for any losses or damages caused by such an intrusion, except in the case of serious misconduct on our part.
You understand and agree that we are not liable for any other direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting (even if we have been advised of the possibility of such damages), from your use of NanoFabNet.
11. Links to Other Web Sites
NanoFabNet may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. By continuing to access or use our NanoFabNet after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the NanoFabNet.
13. Termination
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever.
14. Governing Law – Place of Jurisdiction
These Terms and any claims raised in connection with the NanoFabNet are governed by Swiss law. You agree to submit to the exclusive jurisdiction of the cantonal court of the Canton of Vaud located in Lausanne, Switzerland.
15. Contact Us
If you have any questions about these Terms, please contact us at info@nanofab-net.org (please include "Terms of Use" in the subject).