Terms & Condition - Red Flower Publication Pvt. Ltd.

Terms & Condition - Red Flower Publications 

The following Terms of Use govern use by all Users of Red Flower Publications contents (or any successor thereto) and the electronic edition of the products subscribed to by an Authorized User or the Authorized User's institution (the “Customer”). Please read the following carefully because by using Red Flower Publications contents you are agreeing to abide by these Terms of Use.

Your institution may have a license which permits you additional uses; contact your institution's librarian/administrator for more information. If you or your institution entered into a license with Red Flower Publications (the “License”), the terms of the License control in the event of any discrepancy between it and these Terms of Use. 

1.    Copyright

The Electronic Products, Red Flower Publications and the Intellectual Property Rights contained therein are protected by law. As a User, you have certain rights specified below; all other rights are reserved. 

2.    Definitions

Authorized Users – As defined in your applicable license. 

Electronic Products - All products, services and content available in Red Flower Publications. 

Intellectual Property Rights  – These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. 

Licensed Electronic Products – The Electronic Products which the Customer has licensed. 

Users – Users of Red Flower Publications regardless of whether they are Authorized Users or Customer. 

Red Flower Publications - The online service (or any successor thereto) available from Red Flower Publications or its affiliates including all products, services and features offered via the service. Certain products and services may be delivered from other platforms. The terms and conditions hereof are equally applicable to those products and services. 

3.    Rules of Use 

A.   To make Red Flower Publications and the Electronic Products useful, the following rules apply: 

Users may browse all Tables of Content for all Electronic Products on Red Flower Publications, regardless of what Licensed Electronic Products the Customer subscribes to, and search the entire database of Tables of Content and abstracts. For most publications, Users may browse the abstracts as well. 

Customers and their Authorized Users will have access to the full text of the Licensed Electronic Products covered by the applicable License. Customers and their Authorized Users may download, search, retrieve, display and view, copy and save to a secure network or other electronic storage media and store or print out single copies of individual articles or items for their own personal use, scholarly, educational or scientific research or internal business use. Customers and Authorized Users may also transmit such material to a third-party colleague in hard copy or electronically for personal use or scholarly, educational, or scientific research or professional use but in no case for re-sale, systematic distribution, e.g. posting on a listserv, network (including scientific social networks) or automated delivery, or for any other use (including distribution through social networking websites and scholarly collaboration networks, except for those that have agreed to Red Flower Publication’s Article Sharing Policy and solely in accordance therewith). In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from individual articles in the Licensed Electronic Product(s) in their own scientific, scholarly and educational works. 

All Users have the option to create a My Profile Page which will allow them to create links to Electronic Product(s), articles of interest and search criteria which may be reused by them and manage their custom e-mail alerting services. In order to do so, Users must register. During the registration process, Users will select and register a user name and password which they must keep confidential and not disclose to or share with anyone else. 

B.   Except as provided above or with respect to material published on an open access basis, Users may not copy, distribute, transmit or otherwise reproduce, sell or resell material from Electronic Product(s); store such material in any form or medium in a retrieval system; download and/or store an entire issue of an Electronic Product or its equivalent; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge. 

C.   Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on Red Flower Publications. Users may not integrate material from the Electronic Product(s) with other material or otherwise create derivative works in any medium. However, brief quotations for purposes of comment, criticism or similar scholarly purposes are not prohibited herein. 

D.   Users may not do anything to restrict or inhibit any other User's access to or use of Red Flower Publications and the Electronic Product(s). 

E.    If a User refuses or fails to abide by these Terms of Use or violates any other terms of this Agreement, Red Flower Publications reserves the right in its sole discretion to suspend or terminate their access to Red Flower Publications and the Electronic Products immediately without notice, in addition to any other available remedies. 

F.    Users shall not have the right to incorporate any material from the Electronic Products into any institutional or other repository under any circumstances without Red Flower Publication’s prior written approval (including social networking websites and scholarly collaboration networks, except for those that have agreed to Red Flower Publication’s Article Sharing Policy. 

4.    Use of Articles 

To the extent that any Red Flower Publications Articles are licensed under the standard terms of any Creative Commons License, the terms of each such License are hereby incorporated into these Terms and supplemental to the other provisions of these Terms.

To the extent that any Red Flower Publications Articles are licensed under the standard terms of the Creative Commons Attribution-Noncommercial License (available here), (Non-Commercial Red Flower Publications Articles), you may use the Non-Commercial Red Flower Publications Articles, free of charge, for non-commercial purposes without our prior consent. 

You may not make commercial use of any Non-Commercial Red Flower Publications Article, without our prior written consent and payment of the appropriate fees, even if you are the author or the employer, funder or affiliate organization of the author of such Non-Commercial Red Flower Publications Article. For the purposes of these Terms, “commercial use” means use in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation, including but not limited to provision or distribution (including by way of hyperlink) of any Non-Commercial Red Flower Publications Article or part of any Non-Commercial Red Flower Publications Article (including any abstract, figures or tables) in any format: 

·      to support marketing activities;

·      in response to medical information requests;

·      to support activities at a conference, exhibition or trade show;

·      as resource material on a company or product-specific website;

·      to support company training of any individuals for any purpose;

·      for use by medical liaison representatives;

·      to supplement or replace a purchased paper or electronic reprint of any published Red Flower Publications Article;

·      in other publications published by a commercial organization for any commercial purpose;

or

·           on any third party website (including, but not limited to PubMed, CNKI, and similar) for any commercial benefit, advantage or private monetary compensation. 

5.    Commercial Use of Non-Commercial Red Flower Publications Articles 

If you would like to make commercial use of any Non-Commercial Red Flower Publications Article or part thereof, please select the “Get Permission” tab next to the Non-Commercial Red Flower Publications Article on the Site. 

Some Red Flower Publications Articles (including Non-Commercial Red Flower Publications Articles) are also available to purchase in electronic or re-printed formats. More information about purchasing Red Flower Publications Articles is available here. 

6.    Downloading documents 

You acknowledge and agree that the website constitutes confidential information. 

Red Flower Publications does not guarantee that the site or its content, service or functionality will be error-free or uninterrupted, that defects will be corrected or that your use of the site will yield specific results. The site and its content are delivered "as is" and "as available". All information provided on the site is subject to change without notice. The Red Flower Publications cannot guarantee that the files or other data you download from the site will be free of viruses, defects or destructive features. Red Flower publications disclaim all express or implied warranties, including accuracy, non-infringement, merchantability and suitability for a specific purpose. Red Flower Publications excludes all liability for acts, omissions, and behaviours by third parties relating to the use of this website and/or the services provided by Red Flower Publications. You accept full responsibility for the use of the site and all linked sites. Your only remedy for dissatisfaction with the Red Flower Publications for the content of the website is to stop using the website or that content. This limitation of relief is part of the agreement between the parties. 

You agree that all matters relating to access or use of the site, including all disputes, shall be governed by Indian law, without regard to its provisions on conflict of law. You agree to personal jurisdiction and venue in the Delhi Courts of the State and waive any objection to this jurisdiction or venue. 

7.    Additional Terms 

Red Flower Publications is not responsible for any charges associated with accessing Red Flower Publications and the Electronic Products, including, but not limited to, any computer equipment, telephone or internet connections and access software. 

Upon payment of an invoice, the products in the invoice are covered by the Customer’s License on the terms and conditions therein. 

Red Flower Publications may modify any of these terms and conditions at any time by providing notice on Red Flower Publications. A User’s continued use of Red Flower Publications shall be conclusively deemed acceptance of such modification. 

Red Flower Publications may provide links to third-party websites. Where such links exist, Red Flower Publications disclaims all responsibility and liability for the content of such third-party websites. Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites. 

8.    Privacy and Data Protection Policy 

Red Flower Publication recognizes the importance of protecting the information it collects in the operation of Red Flower Publications and will act in compliance with the Privacy Policy. 

9.    Warranty Limitations 

RED FLOWER PUBLICATIONS AND THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THE USE OF THE ELECTRONIC PRODUCTS, RED FLOWER PUBLICATIONS AND ALL MATERIALS IS AT THE USER'S OWN RISK; ACCESS TO RED FLOWER PUBLICATIONS AND THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE; AND NEITHER RED FLOWER PUBLICATION NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ELECTRONIC PRODUCTS OR THE MATERIALS CONTAINED IN RED FLOWER PUBLICATIONS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USER'S USE OF OR INABILITY TO USE RED FLOWER PUBLICATIONS, THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN.