Legal Notice \361 General conditions of use of the website redib.org and user information
1.- Purpose and changes to conditions. Controller
AGRUPACIÓN INDICE IBEROAMERICANO DE INVESTIGACIÓN, A.I.E. (hereinafter 'AIE'), listed in the Madrid Mercantile Registry in volume 29178, sheet 88, section 8, page M-525293, with registered address Avenida de Cantabria s/n, Boadilla del Monte, Madrid, Spain, tax number: V86282233 and contact e-mail [email protected], provides Internet users (hereinafter the User or the Users) with this website, that of REDIB, Red Iberoamericana de Innovaci\333n y Conocimiento Cient\314fico, https://redib.org (hereinafter the Portal, the Website or the Index). AIE also provides the Portal for publishers of journals that wish to have their journals published in the index (hereinafter the publishers).
Use of and access to the Portal shall be governed by the following general conditions of use (hereinafter 'General Conditions') which, where applicable to them, both the User and the Publishers accept and undertake to observe when accessing and/or using its services.
The Portal is a website created by AIE for a dual purpose \361 to provide Users with Iberoamerican scientific journals, in any discipline and in any language in which they may be published in open-access electronic format, which meet certain publishing quality requirements, and to offer the Publishers the possibility of inclusion for indexation on the Portal, provided the journals meet certain quality requirements.
The Portal provides access to all the journals indexed through the journal directory. There is a data sheet for each, showing the main metadata. The Portal may be used to carry out different searches to access all the contents indexed, and to save favourites and searches following registration. Access to the full text of the indexed contents shall be directed to the original website of each journal.
Harvesting or extraction of the contents metadata of participating journals is based on the OAI-PMH protocol (Open Archives Initiative. Protocol for Metadata Harvesting), making it possible to access and harvest metadata in Dublin Core format, and these are shown on the data sheets of each journal and article. The Portal acts in turn as a data provider as per the OAI-PMH protocol, helping other portals access the metadata of the documents published.
Access to this Portal is voluntary and free of charge to the User, who accepts these General Conditions simply by being on the https://redib.org website, without prejudice to any specific conditions it may contain, which shall prevail over the conditions set out herein. It is therefore recommended they be read carefully before any action is taken.
Journals may also be included on the Portal free of charge, and this may be carried out at the request of publishers, who must fill in a registration form and a self-assessment form and accept these General Conditions.
AIE reserves the right to modify or erase the content, structure, design, services and the terms of access and/or use of this site, whenever it sees fit to do so and with no obligation to provide any advance notice. It also reserves the right to interpret these conditions accordingly in respect of any doubts concerning their application.
2.- Requirements for accessing and using the services and content of the Portal
2.1.- Services for Users
To use some of the Portal's services, it is a necessary requirement to be registered as a User.
Access to and/or use of the Portal is totally voluntary, and those who do so shall be assigned the status of User. Any User, whether or not registered on the Portal, shall be deemed to have accepted these General Conditions from the time they enter the Portal. This acceptance shall extend likewise to any 'Specific Conditions' that may supplement, replace or modify these General Conditions in any way in relation to the services and content provided on the Portal. Accordingly, Users must carefully read both sets of conditions before entering and using any service provided on the Portal, on their full responsibility.
In any case, AIE reserves the right, at any time and with no need for any advance notice, to deny access to the Portal or deactivate or deregister any registered Users who do not comply with these General Conditions or any specific conditions applicable to them.
2.2.- Services for Publishers
The Portal enables any journal publishers wishing to do so to request inclusion of the journals on the Portal, for them to be indexed on it.
To do this, they must meet the requisites and conditions set out in the 'How to participate' section of the Portal, by filling in an initial registration form, with the main data in relation to the journal, and also a self-assessment form to ensure it meets a number of formal quality and content criteria based on the Latindex quality criteria for electronic scientific journals.
Journals to be included on the Portal must:
1. Provide free access to the full text of their contents. However, an embargo period for the last edition published is permitted, and in accordance with European Union recommendations this shall be no more than six months.
2. Meet a number of formal quality and content criteria based on the Latindex quality criteria for electronic scientific journals.
3. Fill in an initial registration form, with basic data concerning the journal.
4. Fill in a self-assessment form to enable the company to ascertain compliance with the quality criteria referred to in point 2 above.
5. After they have been admitted and added to the Portal, include the REDIB logo on their website or, failing this, a written reference with a link to the Portal. For the purposes of industrial property, utilisation of the REDIB trademark or logo shall be understood solely and exclusively for the purpose stated in this paragraph, and the journal may not use these for other purposes unless express authorisation has been issued in writing.
The Publisher expressly authorises AIE to verify these data, and the information supplied concerning the journal on the self-assessment form.
The publisher hereby authorises the company to verify the above-mentioned data, as well as the information provided regarding the journal by means of the self-assessment form..
3.- General principles. Responsibility of the User and of the Publisher. Dispatch of commercial and service information
Both the User and the Publisher undertake to use the services and content that the Portal provides in good faith and in accordance with the legislation applicable and generally accepted usages, and not to allow their actions via the Portal to contravene public policy or the provisions of these General Conditions. Thus, any use for unlawful purposes or that is to the detriment of or prevents, may damage and/or overload the usage and normal functioning of the portal in any way, or which directly or indirectly causes damages to it or to any third party, is forbidden.
In accordance with national and international regulations on the protection of human rights, the User of the Portal shall not transmit any tools, utilities, assessments or comments on the Portal's contents which impinge on the values and dignity of human beings.
The User of the Portal undertakes to provide true and accurate information on the registration forms, and to supply an e-mail address which is owned by him/her.
The Publisher guarantees that all the data supplied on the initial journal registration form and the information concerning the journal on the self-assessment form furnished to AIE are true, and takes responsibility for notifying the latter of any changes to these data. If, along with the journal registration form, the Publisher has sent any of the journal's logos, trademarks or distinguishing signs, it guarantees that it has been authorised by the company to use these, for addition to the Portal.
Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any way, of the Portal's web contents (text, designs, graphic material, information, databases, sound and/or image files, logos and other features of the website) are prohibited, unless prior consent has been granted by the legitimate owners or when this is permitted by law.
Any utilisation of the aforementioned contents for commercial or advertising purposes other than those strictly permitted, where applicable, and general infringement of any rights arising therefrom is also prohibited.
4.- Conditions which must be fulfilled by users wishing to create a hyperlink between their website and the Portal
It is forbidden to reproduce the pages of the Portal by means of a hyperlink from another portal or website, and only access is permitted.
Under no circumstances may it be understood that AIE authorises reproduction in any way of pages on the Portal or, should this occur, that it has supervised or undertaken in any way the services or contents offered by the website on which the unauthorised reproduction occurs.
No false, incorrect or inaccurate statements or references may be made in relation to AIE pages and services.
The page from which the hyperlink is established can have no distinguishing features referring to the Portal, with the exception of the signs forming part of the hyperlink itself.
It is explicitly forbidden to create any type of browser, programme or border environment concerning the Portal's pages.
Content that infringes the rights of third parties or is contrary to good moral behaviour and customs and unlawful information or contents may not be included on the website from which the hyperlink is enabled.
The existence of a hyperlink between a website and the Portal does not imply the existence of any relationship between AIE and the owner of that site, or acceptance and approval of its contents and services, notwithstanding the provisions of section 2.2.5.
Breach of these General Conditions may prompt the relevant parties to pursue civil or criminal proceedings against the User, whether through the courts or via out-of-court proceedings. In such cases, the User shall hold AIE harmless in respect of any such claims, lawsuits, damages and losses that may arise from such a breach.
5.- Disclaimer and waiver
AIE does not guarantee and accepts no liability, in any case and under any circumstance, for the following events and content, or for any ensuing damage or loss:
\361 Lack of availability, continuity, access, maintenance and effective operation of the Portal and/or of its services and updating, accuracy, exhaustivity, relevance, current status and reliability of its contents, irrespective of the cause and the technical difficulties or problems or other difficulties or problems arising from these events.
\361 The transmission and/or existence of viruses, other items or programmes harmful to the equipment of Users which could affect them as a result of access to, usage or examination of the site, or that lead to alterations of their electronic documents or files.
\361 Illicit, negligent or fraudulent use, assuming the identity of a third party or anything which is contrary to the contents of these General Conditions, to good faith, to the generally permitted uses or to the public order of the Portal, its services and content, by Users.
With the exception of signs which form part of the hyperlink itself, the website on which the hyperlink is established shall not contain any trademarks, business names, signs of establishments, names, logos, slogans or other distinguishing features belonging to the company, with the exception stipulated in section 2.2 above.
\361 Violations or breaches of the laws, uses or customs in force in relation to intellectual property rights, industrial property rights, trade or contractual secrets, right to privacy, honour and protection of image, property, advertising or competition rights, among others, of third parties.
\361 Flaws or defects of the contents and/or services accessed via the Portal by reception, storage, obtaining, disclosure or transmission by Users of the Portal's contents.
\361 Knowledge of any information regarding the characteristics and circumstances of the use of the Portal's contents and services by Users that unauthorised third parties may possess or use.
\361 Breaches by third parties of their obligations or guarantees arising from or arranged in respect of the services provided for Users through the Portals, or for the lack of quality, reliability, fitness for purpose, lawfulness, utility and availability of the services provided by third parties and made available to Users on this site.
\361 Information and data concerning the journals and contents on the Portal. These data are supplied by the publishers of the journals, and AIE takes no responsibility for their accuracy and veracity.
The preceding list is for information purposes only, and none of its points are under any circumstances exclusive or excluding. In all scenarios, AIE ACCEPTS NO LIABILITY WHATSOEVER FOR ANY KIND OF DAMAGE OR LOSS ARISING DIRECTLY OR INDIRECTLY FROM THE ABOVE OR FROM ANY OTHER SIMILAR ACTIONS NOT EXPRESSLY ENVISAGED ABOVE.
The contents of the Portals include links to sites belonging to and/or managed by third parties, to provide easy access to information and services available online.
AIE accepts no liability for the existence of links between Portal content and content located outside the Portals or for any other reference to content external to this site. All such links or references are included for information purposes only. Under no circumstances do they imply or constitute any kind of endorsement, approval or marketing, or any relationship between AIE and the authors and/or managers of such content or the owners of the sites on which such content is located.
Users should therefore exercise the utmost care and caution when visiting or using the content or services of any site they may access by clicking on any such link.
7.- Intellectual property
The texts, designs, images, databases, logos, structure, brands and other elements of the Website are protected by international laws and treaties on intellectual and industrial property. Any reproduction, transmission, adaptation, translation or modification, communication to the public, or any other use of all or part of this site, carried out by any means and in any way, whether electronic, mechanical or otherwise, is strictly prohibited, unless prior consent has been issued in writing by AIE. Any breach of these rights may lead to the corresponding extrajudicial or civil or criminal proceedings.
AIE grants no user licences or authorisations of any kind concerning its intellectual and industrial property rights, or in relation to any other property or right related to the Website contents. Any usage of the site other than the purpose for which it is intended is forbidden.
AIE is exclusively entitled to exercise the operating rights of the Website and its contents, especially rights of reproduction, distribution, public communication and transformation.
AIE owns the industrial property rights of all distinguishing features on the website or, where applicable, it has authorisation from the owners of the features to use these.
It is forbidden to erase, manipulate or circumvent these general conditions in connection with the intellectual and industrial property rights belonging to the company, and any other identificatory data of ownership of these rights incorporated in the contents, as well as technical protection devices, digital brands or any other information or identification mechanisms the contents may contain.
Unauthorised use of the contents on this website and, in general, breaches of the company's intellectual or industrial property rights, shall engage the legal liability of the party responsible for the breach.
The above declarations shall be applicable in any case, with the exception of the scenarios described in point 5 of section 2.2 of these General Conditions.
8.- Use of metadata
Addition of your journal to the Portal entails authorisation to the company to analyse and process the metadata of its contents, or any products arising therefrom, for own use or for use by any public or private entity in which stakes are held by its shareholders, Universia Holding S.L. and the Spanish National Research Council (CSIC).
Any transfer of these metadata or products arising therefrom to third parties shall require your prior consent.
9.- Loss of user status
Registered Users are free to deregister from the Portal, thereby losing their status as Users and the rights and data associated with their account, freely and at any time, by simply taking up this option in their private area, in the user's preferences section.
AIE may also deregister Users registered on the Portal, thus extinguishing the relationship established between both parties and causing the latter to lose the rights derived from such status and the data associated with their account on the Portal, in the following situations:
- If the User fails to meet any of these General Conditions and/or specific conditions, if any.
- If for any reason AIE decides not to continue to provide the services.
These terms and conditions shall continue to apply even when the User ceases to qualify as such and shall continue to govern any matters or claims arising between AIE and the User after the latter has lost status as such.
10.- Deregistration of journals on the Portal
AIE reserves the right to deregister any of the journals on the Portal if it considers they do not meet the quality criteria required.
The publishers of journals may also request deregistration of the journal on the Portal at any time in writing to [email protected].
11.- Laws applicable and jurisdiction
These general conditions are governed by Spanish legislation, and any disputes that may arise concerning the application of, compliance with or interpretation of these conditions shall be resolved, with the express acceptance of both parties, in the Courts and Tribunals of the city of Madrid.