Terms of Service

Effective Date: October 06, 2010

The website at www.colwiz.com (the “Site”) is maintained by Colwiz Limited ("colwiz" or "we"), a company registered in Ireland under company registration number 463711 with registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Dublin, Ireland. By accessing or registering on the Site, or by installing any of our software products (the “Software”) or by utilising the services and information and facilities available via the Site (the “Services”) you (the “User” or “you”) are entering into a legally binding agreement with colwiz based on the terms of these Terms of Service (“Terms of Service”) and the Privacy Policy which is incorporated herein by reference (collectively the “Agreement”) and you are acknowledging and signifying that you have read, understood and agree to be bound by the Agreement, whether or not you are a registered member of colwiz.

1. Aims of the colwiz Services

The principal aims of the Site, the Software and the Services are to support academic, industrial and governmental research by enabling:

Straightforward management and use of academic and other publications through the provision of on line and desktop publication library services
Advanced networking capabilities that will allow you to share in the global research endeavour
Support services to allow you and your colleagues to manage your day-to-day research activities

2. Use of Site and Services

Subject to your compliance with all of your obligations under the Agreement (including, without limitation your obligations under “User Conduct and Acceptable Use” and “User Generated and Third Party Content”) colwiz grants you a limited, revocable, non-exclusive, non-assignable, non-transferrable and non-sub-licensable licence to use the Site and the Services for as long as they are provided by colwiz. This licence includes the right to access the Site and the Services, and to view and use the information and functionality that is available on the Site and via the Services. All rights not expressly granted by the foregoing licence are reserved.

3. Use of Software

Use of the Software is subject to the terms of the Agreement, and also to additional licence terms and conditions (the “End-User Licence Agreement”). When you install, download or use the Software, you will be required to accept the terms of, and to signify your agreement to be bound by, the terms of the End-User Licence Agreement.

4. Copyright Notice

colwiz is the owner or the licensee of all intellectual property rights in the Site, the Software, the Services and in the colwiz information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the “colwiz Materials”) contained in or made available via the Site, the Software or the Services.

You are granted a limited licence solely for your own personal, non-commercial use to refer to, bookmark or point to any page within the Site, and to download the colwiz Materials to a single computer, and to print a single hard copy of the colwiz Materials for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left in tact. The grant of this limited licence is conditional on your agreement to, and compliance with, the terms of the Agreement.

Any other use of the colwiz Materials, including any form of copying or reproduction (for any purpose other than those noted above), modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing or other technology, without the prior written permission of colwiz, is strictly prohibited and in violation of the proprietary rights of colwiz.

“colwiz” is a trademark of colwiz.

colwiz retains all right, title, interest and intellectual property rights in and to the Site, the Software, the Services and the colwiz Materials. Other than the limited licence herein granted, nothing in the Agreement shall be construed as conferring by implication, estoppel or otherwise, any other licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of colwiz or any third party.

5. Privacy Policy

colwiz processes information about you in accordance with the colwiz Privacy Policy which describes how colwiz collects and uses your personal data.

6. Purchase of colwiz Services

Certain of the Services may be offered by colwiz for a fee, either on a one-time or on a subscription or periodic basis. If you purchase any such Services, then the fee will be charged in accordance with the payment method you have chosen. If you are paying by credit or debit card, by designating a particular card against which the charge will be made, you confirm that you are the card holder and that you are authorised to make such a purchase. Prices quoted on the Site are inclusive of VAT and any other applicable taxes. colwiz will not introduce additional payments for Services for which a single, one-off payment is initially required.

You agree to pay the applicable fees for all such Services as they become due until the date you cancel your subscription to such Services. The fees and charges payable in respect of such Services are non-refundable. Such Services may also be subject to additional terms and conditions. When you purchase such Services, you will be required to accept any such additional terms and conditions, and to signify your agreement to be bound by such additional terms and conditions, which will thereupon be incorporated in the Agreement.

Where you purchase any such Services over the internet, you have the right to cancel your purchase and receive a full refund (excluding payment processing charges) within fourteen (14) days of purchase (the “Cooling Off Period”). You acknowledge and understand that once you purchase such Services, colwiz shall immediately enable you to avail yourself of such Services. You agree to colwiz making such Service available and you acknowledge and understand that should you avail of such Services within the Cooling Off Period that your right to cancel your purchase under the Agreement (and under any statutory “cooling off” provisions) shall lapse.

7. Revisions and Errata

The colwiz Materials could include technical, typographical, or photographic errors. colwiz does not warrant that any of the colwiz Materials are accurate, complete, or current. colwiz may make changes to the colwiz Materials at any time without notice. colwiz does not, however, make any commitment to update the colwiz Materials.

8. Links and Third Party Content

The Site contains links to other sites and resources provided by third parties, and in using the Services, you may be exposed to content and information from other users or third parties (collectively "Third-Party Resources"), either through the Services or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Resources including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Resources, including without limitation, profiles of other users of the Services. The inclusion of any such links or resources does not imply endorsement by colwiz, and use of any such links and resources is entirely at your own risk.

You may link to the colwiz home page, provided you do so in a way that is fair and legal, and does not damage colwiz’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of colwiz when none exists.

You may not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make use of material on the Site other than as set out above, please address your request to contact@colwiz.com.

9. Service Availability and Suspension

Access to the Site and the Services is permitted for the duration of your contracted subscription period (in the case of those Services for which we charge a fee) and for as long as the Site and Services are provided by us (in any other case), and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site or the Services is unavailable at any time or for any period. We may from time to time without notice suspend the Services or disconnect or deny your access to the Services:

during any technical failure, modification or maintenance involved in the Services provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable;
if you fail to comply with any terms of the Agreement or if you do, or allow to be done, anything which in our opinion may have the affect of jeopardising the operation of the Services.

10. User Conduct and Acceptable Use

You understand that the Services are available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

In addition, you agree not to:

use the Services to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts or other automated routines to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers or credit card numbers;
solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass others;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from colwiz, or create a false identity on the Services;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of colwiz, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose colwiz or its users to any harm or liability of any type;
use the Services other than in accordance with the Agreement;
reproduce, duplicate, copy or re-sell any part of the Site and/or Services in contravention of the provisions of the Agreement;
remove or alter our (or our licensor's) copyright, trademark and other proprietary notices;
provide or otherwise make available the Services in whole or in part.

11. User Generated Content

By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to the Site and/or Services, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to the Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license.

You are solely responsible for any content that you submit, post or transmit via the Site and/or Services. You may not post or submit any content that:

infringes the copyright, trademark, or other intellectual property rights of any person;
is defamatory;
contains nudity or sexually explicit content, or is otherwise obscene;
may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
depicts individuals under 18 years of age;
depicts or advocates the use of illicit drugs;
makes use of offensive language or images; or
characterizes violence as acceptable, glamorous or desirable;

We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

12. Disclaimer

The Site, the Services, the Software and the colwiz Materials are provided "as is". colwiz makes no warranties, expressed or implied, and, to the maximum extent permitted by law, hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, colwiz does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Site, the Software, the Services or the colwiz Materials.

13. Limitation of Liability

To the maximum extent permitted by law, colwiz hereby expressly excludes any liability for:-

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss or corruption of data or information;
loss of opportunity, goodwill or reputation, and
any indirect or consequential loss or damage of any kind howsoever arising

and whether caused by tort (including negligence), breach of contract or otherwise, even if forseeable, and even if colwiz or a colwiz authorised representative has been notified orally or in writing of the possibility of such damage.

Notwithstanding the foregoing, in no event shall colwiz’ maximum aggregate liability arising under or in connection with the Site, the Software, the Services, The colwiz Materials, the Agreement or otherwise, exceed the greater of the amount of fees (if any) paid by you in respect of the Services in the preceding 12 month period, or €10.

14. Indemnity

You agree to indemnify, defend and hold harmless colwiz and its officers, directors, consultants, employees, agents, partners, promoters, co-branders, licensors, suppliers, sponsors, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, attorney, and accounting fees, resulting from, or alleged to result from,

your failure to comply with your obligations under the Agreement (including, without limitation your obligations under “User Conduct and Acceptable Use” and “User Generated and Third Party Content”) [insert link]);
any activity related to your use of the Services by you or any other person accessing the Services using your account;
a breach of any of your representations, warranties, or agreements under the Agreement;
a violation of the intellectual property rights of any third parties;
content submitted, posted, transmitted or made available through your use or connection to the Services.

15. Suspension and termination of your colwiz Account

If you fail to comply with any aspect of the Agreement, this may result in our taking any of the following actions:

immediate withdrawal of your right to use the Site and/or Services;
immediate removal of any information uploaded onto the Site by you;
legal action against you to recover any costs that we might incur as a result of your breach of the Agreement; disclosure of information posted by you to any legal enforcement authorities if we reasonably feel it is necessary or required. Our actions should you be in material breach of the Agreement are not limited by this clause and we may take any other action that we reasonably deem to be appropriate.

16. Copyright Infringement

We will respond to all clear and complete notices of alleged copyright infringement that are compliant with the United States Digital Millennium Copyright Act of 1998 (DMCA, http://www.copyright.gov/legislation/dmca.pdf). We will also respond to all other applicable copyright laws. If you believe that your work has been used or uploaded onto the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise infringed, please send us a formal notice adhering to the following guidelines:

Precise identification of the specific copyrighted work that you claim has been infringed;
Identify the location within the Site (the URL(s)) containing the infringed copyrighted work and/or intellectual property.
Where this is known to you, contact information of the person whom you believe is responsible for the infringement.
A precise description of the how you believe your work has been infringed.
A statement stating that you have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.
Provide to us your name, address, telephone number and e-mail address.
You should sign your statement, and be aware that this is under penalty of perjury, that the information that you provide in your statement is accurate, and that you are the owner of the copyright or intellectual property or that you are authorized to act on the behalf of the copyright or intellectual property owner.

Send the notice with all completed items in electronic or physical form to:

Designated DMCA Agent
Colwiz Limited
22 Northumberland Road
Ballsbridge, Dublin 4
Dublin, Ireland
copyright@colwiz.com

You should be aware that we might reproduce any such legal notice and send it to a third-party for publication and annotation, and that we might replace any material removed from the Site by a copy of your notice.

We aim to respond and/or take action on all complete and qualified notices within 10 business days of receiving your notice. We reserve the right to communicate with you via email or other means.

Counter Notification

The colwiz user responsible for the alleged breach of copyright or intellectual property may make a counter notification under the same act (sections 512(g)(2) and (3) of the Digital Millennium Copyright Act of 1998). Should we receive a counter notification, then we may reinstate the material in question.

To put in place a counter notification, you must write to us at the address given below following strict the guidelines given below. You should be aware that you will be liable for any damages (including any legal costs) if you materially misrepresent that any content or activity is not infringing the copyright rights of others, and you may wish to discuss these issues with a legal representative before contacting us.

Your formal notice should contain the following information:

Identify the specific web pages (URLs) that colwiz has removed or from which it has disabled public access;
Your contact details (name, address, telephone number, e-mail address)
A statement that you consent to these matters being resolved under the jurisdiction of the Irish courts;
You should specify that you have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
You should sign your counter notice.

Send the notice with all completed items in electronic or physical form to:

Designated DMCA Agent
Colwiz Limited
22 Northumberland Road
Ballsbridge, Dublin 4
Dublin, Ireland
copyright@colwiz.com

17. Advertising

The Services that colwiz provides to you are partially supported by advertising revenue. The advertisements that are displayed to you on the Site and through our desktop application are targeted to you and your academic interests. You agree to allow colwiz to display this advertising material to you as a direct consideration for the Services provided to you by colwiz. colwiz reserves the right to amend the terms relating to its utilisation of advertising at any time, and colwiz will not be responsible for any loss that you may incur as a result of any such amendments. colwiz does not accept any responsibility for any interactions that may take place between you and any advertising party, and any legal obligations arising from such interactions or transactions are solely between you and the advertising party.

18. Complaints

If you wish to make a complaint to us concerning any usage of content of the Site then please contact us at the following complaints@colwiz.com.

19. Modifications

colwiz may revise the Agreement at any time without notice. If we do this, we will post the changes to the terms of the Agreement on this page and will indicate at the bottom of this page the date the terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the Agreement as so revised. If you do not agree to abide by the terms of the Agreement, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to the terms of the Agreement and to review such changes.

20. Waiver

If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies, and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of the Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

21. Severability

If any of the terms of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Transfer of Rights and Obligations

You may not transfer, assign, charge or otherwise deal in any other manner with any of your rights or obligations under the Agreement, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise deal in any other manner with any of our rights or obligations under the Agreement at any time.

23. Governing Law

The Site and Services are controlled and operated by colwiz from Ireland. colwiz does not make any representation that the Site, the Services or the Software are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements of such other countries. The Irish courts will have jurisdiction over any claim arising from or related to the Agreement, although colwiz retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.

The Agreement and any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

An updated to the copy of this document is available at http://www.colwiz.com/terms