Terms and Conditions
Article 1: General
- PoolText is a scholar manuscript presubmission inquiry system, hereafter referred to as "the Service" (including this Web site and all its applications), provided by PoolText LLC (see Contact for detailed information), hereafter referred to as "the Provider".
- These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as "the User".
- Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.
Article 2: Disclaimers and Limitation of Liability
- The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.
- The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and disprofits that are caused by the Provider intentionally, recklessly or negligently.
- In no event shall provider or its employees, directors, shareholders, or representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages, or for any lost profits or revenues, business interruption, loss of data, or any other damages resulting from: (a) the use or the inability to use the Site or reliance on any Content contained in this Site; (b) unauthorized access to or alteration of the user's transmissions or data; (c) damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site; (d) any delay or inability to use the Site or related services provided on the Site; (e) non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond provider's control; (f) any interruption or delay in provisions of any services or access to this Site, due to any force majeure event beyond provider's reasonable control, including but not limited to acts of God, flood, fire, blockades, riots, embargoes, government actions, regulatory sanctions, power outages, unavailability or non-functioning of payment gateway services, disruption of communication services in any country or area, etc. (g) any other matter relating to the Site or the services available on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise.
- The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
- Provider may alter or modify the features of the Site with respect to different user(s), or change any of the features or introduce new features on the Site without prior notice to any user.
- Provider reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Site. You hereby agree that it is your responsibility to check periodically for any changes made to these Terms and Conditions. Your continued use of the Site after any changes to these Terms and Conditions signifies your acceptance of the updated T&Cs.
- The Site may contain links to other websites ("Embedded Sites"). The Embedded Sites are not under the control of PoolText and PoolText is not responsible for the contents of any Embedded Site, including without limitation any link contained in an Embedded Site, or any changes or updates to an Embedded Site. PoolText is not responsible for any form of transmission, whatsoever, received by you from any Embedded Site. PoolText is providing these links or allowing users to provide you these links only as a convenience, and the inclusion of any link does not imply endorsement by PoolText of the Embedded Sites or of any information contained in the Embedded Site or any association with the operators or owners of the Embedded Site.
- No one has a right to use the Service; the Provider reserves the right to exclude certain Users.
Article 3: Storage of information
- The Service consists largely of information stored on the request of Users.
- The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of; possible infringements caused by information that is stored on the request of Users. The Provider is not liable for such information (Article 14 of Directive 2000/31/EC).
- The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.
- Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.
- Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.
Article 4: Notice and take down
- If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action.
- Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information ("notice and take down" process).
- The Provider will respond to any such notification within five business days.
- Users shall not take any legal action before the Provider has dismissed the notification or five business days have elapsed without response.
- The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless the Provider has caused the infringement intentionally, recklessly or negligently.
Article 5: Misuse of the Service
- Users must not misuse the Service. Misuse of the Service includes, without limitation:
- insults to other Users;
- automated or massive manual retrieval of other Users' profile data ("data harvesting");
- advertising for commercial products or services of all kinds;
- unsolicited job offers and business proposals;
- all kinds of technical attacks on the servers.
- post files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user's computer, computer system/network/database or user’s data or software;
- post information that threatens the unity, integrity, defence, security, or sovereignty of Turkey or any other country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offense or is insulting any other nation;
- All aforementioned behaviors in this article are strictly forbidden, unless the User has obtained prior written permission by the Provider.
Article 6: Usage of information
- All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices.
- Users must not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.
- Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
- Users must not host, display, modify, transmit, update, publish, post, upload, distribute, disseminate, or share (collectively “Post”) any information that is knowingly false and/or defamatory, grossly harmful, harassing, blasphemous, inaccurate, abusive, obscene, pornographic, pedophilic, libellous, indecent, vulgar, sexually-oriented, hateful or racially, ethnically objectionable, threatening, profane, lewd, seditious, invasive of a person's privacy, disparaging, relating or encouraging money laundering or gambling, illegal, harmful, derogatory, or unlawful or violates any law in force or adversely affects PoolText’s reputation or goodwill, or otherwise unlawful in any manner.
- Users must not post information that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or post information that belongs to another person and to which you do not have any rights to
- Users must not post information that threatens the unity, integrity, defence, security, or sovereignty of any country.
- Users must not provide false personal information on PoolText or to create an account for someone else without authorization.
- Users must not create more than one personal account.
- Users must not create another account without PoolText permission, in the event PoolText has disabled the original account.
- Users must maintain up-to-date contact information.
- Users must not transfer to a third party his/her account (included any Page or administrative application) without PoolText permission.
- You (user) guarantee, warrant, and certify that you are the owner of the content that you Post on the Site (“User Content”) or are otherwise authorized to use the User Content and that the User Content does not infringe upon the property rights, intellectual property rights, or any other rights of any other person. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any User Content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the User Content.
- You hereby agree that access to certain areas of this Site may be available only to registered users. To become a registered user, you may be required to answer certain questions and provide some personal information. Answers to such questions may be mandatory and/or optional. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
Article 7: Regulatory Powers of PoolText
You hereby acknowledge and agree that PoolText reserves the right to:
- limit, deny, suspend or restrict the use or access to the Site in entirety or certain portions of the Site to specific users, including yourself, at its sole discretion;
- deny provision of any/all of its services to particular users without any prior notice/explanation in order to protect the interests of PoolText and/or other users of the Site, as determined at the sole discretion of PoolText;
- reject a user from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate any user’s account/registration for any reason that PoolText shall deem fit, at its sole discretion; or
- delete, edit, or move any Content Posted on the Site for any reason whatsoever.
Article 8: Breach of Terms and Conditions
PoolText will determine, at its sole discretion, whether there has been a breach of these Terms and Conditions through your use of the Site. When a breach of these Terms and Conditions has occurred, PoolText may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:
- Immediate, temporary, or permanent withdrawal of your right to use the Site;
- Issuance of a warning to you;
- Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by PoolText on an indemnity basis (including but not limited to reasonable administrative and legal costs); and
- Disclosure of such information to law enforcement authorities as is reasonably necessary.
PoolText hereby expressly disclaims all liability for any and all actions taken by it in response to a breach of the Terms and Conditions committed by you.
Article 9: Copyright and Other Intellectual Property Rights
The software running the Service, the site design, the logos and other graphics as well as the database are protected by copyright and property of the Provider.
All users’ contents (e.g. scholar manuscripts and other intellectual properties) are protected by copyright laws and all rights reserved to respective owners. Due to users’ copyright privileges, it is strictly prohibited to copy, modify, translate, cite, publish, broadcast, distribute, display, share, or sell any part of these contents without the written permission of respective owners.
Article 10: Notification of Alleged Copyright Infringement and Counter Notice Procedure
If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked. If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to Provider that contains the following (a "Notice"):
- A description of the copyrighted work that you claim has been infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works.
- Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.
- Your name, mailing address, telephone number, and email address.
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you misrepresent that content uploaded by a Site user is infringing your copyright. The Provider suggests that you consult with your legal advisor before filing a notice or counter-notice.
Upon receiving a proper Notice, Provider will remove or disable access to the allegedly infringing material. We will also advise the alleged infringer of the Counter Notice Procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Counter Notice Procedure:
If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to Provider that includes the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Turkish District Court in which your address is located, or if your address is outside the Turkey, any other judicial district in which PoolText may be found.
- A statement that you will accept service of process from the party that filed the Notice or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
If you send Provider a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless Provider first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
Article 11: Trademarks and Service Marks
Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
Article 12: Applicable Law
These Terms and Conditions, including its additions (as in article 1 (3)) are an agreement solely under the law of the Republic of Turkey and the law of the European Union (European Communities), insofar as it is directly applicable within Turkey. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than Turkey) and any international trade law.
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of Turkey and place of jurisdiction for all issues and disputes that arise from the usage of the Service, including this Terms and Conditions and all its additions (as in Article 1 (3)), is Istanbul, Turkey.
Article 13: Salvatorius Clause
If any provision or provisions of this Terms and Conditions and its additions (as in Article 1 (3)) shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Any queries regarding copyright and your content should be directed in the first instance to copyright [at] pooltext [dot] com