Mendeley-terms

TERMS OF USE

These terms (“Terms of Use”) apply to the use of our website at http://www.mendeley.com (the 
"Site"), and our software (the "Software") downloaded from the Site (collectively, the 
“Services”). Please read these Terms of Use carefully before you start to use the Services. 
These Terms of Use include the Site’s privacy policy, Copyright and Intellectual Property Policy 
and any additional terms or product requirements applicable to the Services you use. By using our 
Services, you are agreeing to these Terms of Use. 

We may revise these Terms of Use at any time by amending this page. You are expected to check this 
page from time to time to take notice of any changes we make, as they are binding on you. 


1. INFORMATION ABOUT US

1.1. The Services are provided by Mendeley Limited ("we", "us" and "our"). We are registered in 
England and Wales under company number 6419015 and have our registered office at White Bear Yard, 
144a Clerkenwell Road, London, EC1R 5DF, United Kingdom. Our VAT number is 494 6272 12. 


2. PURPOSE

2.1. The principal purposes of the Services are to:

2.1.1. 	assist you in the cataloguing and managing of your academic papers and articles ("Academic 
Papers");

2.1.2. 	share your academic and scientific knowledge with selected colleagues;

2.1.3. 	discover academic knowledge and enable detailed search of academic papers;

2.1.4. 	put you in touch with like-minded people and facilitate research projects;

2.1.5. 	provide data and analytics to help monitor, guide and facilitate the research being 
undertaken across your institution.


3. ACCESSING OUR SITE

3.1. We restrict access to certain parts of our Site to users who have registered with us. If you 
register with us, you must provide true and accurate information about yourself. Should the 
registration information provided prove false or misleading (including your personal details), we 
may suspend or terminate your account.

3.2. We restrict access to the Mendeley Institutional Edition portion of our Site to users who are 
covered by their institution’s license agreement granting such access, if any. If you are covered 
by such license agreement, additional terms detailed therein govern your use of the Services.

3.3. If you choose a password or any other piece of information as part of our security procedures, 
you must take reasonable steps to keep such information confidential and secure, and you must not 
disclose it to any third party. We have the right to disable any account or password, if in our 
reasonable opinion, your account information has been compromised. You must tell us immediately if 
you become aware of or suspect any unauthorised use of your account or access to your password.


4. OUR SOFTWARE

4.1. We hereby grant to you a non-exclusive, personal, non-transferable license, in accordance with 
these Terms of Use, to:

4.1.1. 	download, install and use the Software for the purposes of cataloguing and managing your 
Academic Papers, including making a back-up copy of your Academic Papers;

4.1.2. 	distribute the Software so that other users may install and use the Software for the 
purposes of cataloguing and managing their Academic Papers; and

4.1.3. 	make a copy of the Software for back-up purposes.

4.2. When you download our Software and connect it to a Mendeley web account by entering your 
account details, our Software collects (even while you are offline) certain data which is uploaded 
to our servers when you synchronize your Software and Mendeley web account, specifically, data 
relating to:

4.2.1. 	Academic Papers such as the author name, title and keywords for the purpose of assisting in 
the:
	

    cataloguing of your and other user's Academic Papers;
    indexing of academic articles and materials;
    searching of the indexed academic articles and materials;
    improving the document recognition process for all users;

4.2.2. 	reading, cataloguing and accessing your Academic Papers for the purpose of:
	

    generating recommendations for you including articles that you may be interested in reading and 
these recommendations are displayed in your private account;
    preparing individualized statistical information which will only be made available to you via 
your account; and
    generating anonymous aggregate statistical information regarding the interests, habits and 
reading patterns of all users and/or certain sub-groups of our users such as all users at your 
institution.

4.3. Except as we permit in these Terms of Use or as permitted by any local law, you undertake:

4.3.1. 	to use our Software only in accordance with the Terms of Use;

4.3.2. 	not to copy, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the 
whole or any part of our Software, nor permit our Software or any part of it to be combined with, 
or become incorporated in, any other programs (though you may contact us at office [at] mendeley 
[dot] com to seek a written permission from us to do so);

4.3.3. 	not to disassemble, decompile, reverse engineer or create derivative works based on the 
whole or any part of our Software nor attempt to do any such thing except to the extent that such 
actions cannot be prohibited by law;

4.3.4. 	not to remove or alter our (or our licensors’) copyright or other proprietary notice on 
our Software.

4.4. Save for the Content (as defined below), you acknowledge that we are the owner of or the 
licensee of all intellectual property rights in our Site and in the material published on it, 
including the Software, and that you have no rights in or to our Software other than the right to 
use the Software in accordance with these Terms of Use. 


5. INTERACTIVE AND SOCIAL NETWORKING SERVICES

5.1. We may from time to time provide interactive services on our Site, including, without 
limitation:

5.1.1. 	forums for discussion of issues of interest to users and members of our Site;

5.1.2. 	wikis for users and members to share and collaborate on knowledge relating to issues of 
mutual interest;

5.1.3. 	social networking services where registered members can: (i) create online personal 
profiles; and (ii) interact with other members;

5.1.4. 	facilities for the uploading and sharing of users' and members' Academic Papers with other 
users or private user groups you have created;

5.1.5. 	generation of statistics and recommendations.

5.2. We do not oversee, monitor or moderate the content that you upload to our Site using our 
interactive services and neither do we vet or screen users of our Site.


6. ACCEPTABLE USE

6.1. You may use our Services only for lawful purposes. Accordingly, you may only post versions of 
Academic Papers or other Content (as defined below) on the Site if you have the right to do so.  By 
way of example, while many journal publishers permit posting of some versions of Academic Papers, 
most journals restrict the sharing of final versions. To be sure you have the right to upload such 
content, you should review your publishing agreement, the publisher’s copyright policies, and/or 
any other applicable information prior to posting any version of an Academic Paper.

6.2. "Content" shall mean any material you post on or through the Site, including, without 
limitation, Academic Papers and any comments on forums, wikis, personal profiles and communications 
with members. By using the Site and posting any Content, you permit us to extract metadata and 
convert to PDF form, for indexing and improved searchability purposes only, any such Content that 
you post or upload to the Site. We do not claim any ownership rights in your or any other user’s 
Content. After posting or uploading your Content to the Site, except for the permissions granted to 
us hereunder, you continue to retain all your rights in such Content.

6.3. By posting your Content you represent and warrant that: (i) your Content is original to you 
and/or is licensed and fully cleared to permit us to use such Content as contemplated herein; (ii) 
your Content was produced in compliance with all applicable laws and regulations; (iii) your 
Content does and will not, in any way, violate or breach any of these Terms of Use; (iv) your 
Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate 
any copyright or other right, or contain any matter the publication or sale of which will violate 
any federal or state statute or regulation; (v) your Content is not obscene or in any other manner 
unlawful; (vi) your Content shall not be injurious to the health of any user; and (vii) we shall 
not be required to pay or incur any sums to any person or entity as a result of our use or 
exploitation of your Content.

6.4. You may not use our Services:

6.4.1. 	to send, knowingly receive, upload, download, use or re-use any Academic Papers without 
authorization. You may perform these actions only if you are the copyright owner, have the 
copyright owner’s permission, are permitted to do so under your publishing agreement or your 
institution’s license agreement or under license from an Open Access database or under a Creative 
Commons license.

6.4.2. 	in any way that breaches any applicable local, national or international law or regulation;

6.4.3. 	in any way that is unlawful or fraudulent, or that advocates, promotes or assists any 
unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, 
such as a contractual duty or a duty of confidence or that may be harmful to a user;

6.4.4. 	in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory;

6.4.5. 	in any way that promotes sexually explicit material, violence, or discrimination of any 
kind;

6.4.6. 	in any way that infringes any copyright, database right, trade mark or other intellectual 
property right of any other person;

6.4.7. 	in any way that is threatening, abusive or invades another’s privacy, or is likely to 
harass, upset, embarrass, alarm or annoy any other person;

6.4.8. 	to impersonate any person, or to misrepresent your identity or affiliation with any person;

6.4.9. 	to upload, post, email, message, transmit or otherwise make available or initiate any 
content that includes any unsolicited or unauthorised advertising, promotional materials, “junk 
mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any 
other form of solicitation whether it be for commercial or non-commercial purposes. This 
prohibition includes but is not limited to (a) using Mendeley invitations to send messages to 
people who don’t know you or who are unlikely to recognize you as a known contact; (b) using 
Mendeley to connect to people who don’t know you and then sending unsolicited promotional 
messages to those direct connections without their permission.

6.4.10. 	to knowingly transmit any data, send or upload any material that contains viruses, Trojan 
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or 
similar computer code designed to adversely affect the operation of any computer software or 
hardware.

6.5. Unless you have express prior written permission, you may not use any spider- or bot-like 
system, software or other device or program (whether automated or otherwise) to extract content, 
data, information or other material from the Site.

6.6. You also agree:

6.6.1. 	not to access without authority, interfere with, damage or disrupt:
	

    any part of our Site;
    any equipment or network on which our Site is stored;
    our Software or any software used in the provision of our Site; or
    any equipment or network or software owned or used by any third party.

6.6.2. 	to use our Services only for research related activity (e.g, not to store your personal 
collection of movies, music and other large file types unrelated to your research activities).

6.7. You may form more than one private group as part of a Mendeley for Teams package only if you 
intend to be active in all such groups; you may not form more than one private group to act solely 
as an administrator.


7. FAILURE TO COMPLY WITH THESE TERMS OF USE

7.1. To raise complaints regarding alleged copyright or other intellectual property infringement, 
you must follow the instructions set forth on the Copyright and Intellectual Property Policy page. 
For all other complaints about the use of our Site or Content (as defined below) posted to our 
Site, please contact us at complaints [at] mendeley [dot] com. We request that you provide a 
sufficiently detailed description of the basis of your complaint and your contact information in 
case additional information is necessary. We will then review your complaint and decide whether 
there has been a failure to comply with our Terms of Use. If not, we will deal with the matter as 
described below. We will inform you of the outcome of our review within a reasonable time of 
receiving your complaint.

7.2. If we determine, in our sole discretion and judgment, that you have failed to comply with 
these Terms of Use we reserve the right at any time to take all or any of the following actions 
(and any other action we reasonably deem appropriate):

7.2.1. 	temporary or permanent withdrawal of your right to use our Site and/or closure of your 
account;

7.2.2. 	temporary or permanent removal of any posting or material uploaded by you to our Site;

7.2.3. 	issue of a warning to you;

7.2.4. 	legal action against you including proceedings for reimbursement of all costs on an 
indemnity basis (including, but not limited to, reasonable administrative and legal costs) 
resulting from the breach;

7.2.5. 	disclosure of such information to law enforcement authorities or third party complainants 
as we reasonably feel is necessary or required;

7.2.6. 	disclosure of your identity to any third party who is claiming that any material posted or 
uploaded by you to our Site constitutes a violation of their intellectual property rights, right to 
privacy or other legal rights;

7.2.7. 	use any technological, legal, operational or other means available to us to enforce the 
provisions of these Terms of Use.

7.3. You hereby hold harmless and indemnify us and our affiliates, officers, agents and employees 
from and against any claim, suit or action made by any third party arising from or related to your 
use of the Services or violation of these Terms of Use, including any liability or expense arising 
from losses, damages, claims, costs and reasonable attorneys’ fees. 


8. DELETION OF CONTENT

8.1. Except as set out in 8.2, you may delete your Content at any time using the automated account 
deactivation tool. When you delete your Content, our right to use it shall cease save that we may 
retain a copy in backup for a reasonable period of time and as necessary to comply with our legal 
obligations. However, the deleted Content will not be generally available to other users or 
registered members.

8.2. Where you make use of the interactive features of our Services to share Content with others, 
you may not be able to delete such shared Content. 


9. OUR SITE CHANGES REGULARLY

9.1. We aim to update our Site regularly. If the need arises such as an operational issue, we may 
suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of 
date at any given time, and we are under no obligation to update such material.

9.2. Although we aim to keep the Services available at all reasonable times, we may withdraw, 
suspend or amend the Services in whole or in part without notice including, for example, in the 
event of technical failures, upgrades, routine or emergency repair work or some reason outside our 
control. We will not be liable if for any reason our Services are unavailable at any time or for 
any period. 


10. LIMITATION OF LIABILITY

THE SERVICES AND ALL CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE 
WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 
FOR A PARTICULAR PURPOSE), OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR 
THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, OR THAT THE 
SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the foregoing, we 
are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions 
arising out of your use of the Services.

You understand, acknowledge and agree that you are assuming the entire risk as to your use of the 
Services and the Content, including without limitation the quality, accuracy, performance, 
timeliness, adequacy, completeness, correctness, authenticity, non-infringement, security and 
validity of any and all features and functions of the Services, your Content and materials 
associated with your use of the Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, ANY OF OUR AFFILIATES, 
OR OUR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, 
AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR 
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN 
CONNECTION WITH OR ARISING FROM USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, 
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

We do not claim ownership, endorse or take responsibility for any third-party product, information, 
guidelines, materials or services that may be offered, advertised, provided or displayed on the 
Site or incorporated in the Content, products or services contained on, accessible from or 
distributed through the Site.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on 
damages and remedies, accordingly some of the exclusions and limitations described in these Terms 
of Use may not apply to you. 


11. RELIANCE ON SITE INFORMATION

11.1. We do not claim that the information on any specific subject contained on our Site is 
accurate, comprehensive, verified, complete or error free. Commentary and other materials posted on 
our Site are not intended to amount to advice on which reliance should be placed. You should seek 
appropriate professional advice. 


12. UNITED STATES OF AMERICA FEDERAL AGENCIES

12.1. Use by U.S.A. federal agencies will follow the amended terms found here.


13. LINKS FROM OUR SITE

13.1. Where our Site contains links to other sites and resources provided by third parties, these 
links are provided for your information only. We have no control over the contents of those sites 
or resources, and accept no responsibility for them or for any loss or damage that may arise from 
your use of them. 


14. JURISDICTION AND APPLICABLE LAW

14.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or 
related to, our Services although we retain the right to bring proceedings against you for breach 
of these conditions in your country of residence or any other relevant country. These terms of use 
are governed by English law. 


15. YOUR CONCERNS

15.1. If you have any comments on our Site or our Software, please contact us.

Thank you for visiting our Site and using our Software.


These Terms of Use were last updated on February 6, 2014.

Copyright © 2013 Mendeley Ltd. – All Rights Reserved.

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