for online access to the L & H Scientific platform by individuals
This document sets out the terms and conditions on which L & H Scientific Publishing
LLC ("L & H") will make access to its L & H Scientific platform available via its
World Wide Web server ("the Server") to an individual accessing a particular L &
H service (the "Service"). Please read these terms and conditions carefully. By
accessing the Service, you will be deemed to be giving your confirmation that you
have read and agree to be bound by all these terms and conditions.
Scope of License
L & H permits you to access the service via a user name and password ("User Details").
User Details includes those details provided through secure username and authentication
methods. User Details must not be divulged to any person nor used to facilitate
any other person getting access to the Service in any way. L & H reserves the right
to deny you access to the Service if it believes that other people are accessing
the Service through your User Details.
Access extends only to you individually and may not be transferred or extended to
You may access, download, store, search and print hard copy of text. Copying must
be limited to making a single printed copy or electronic copies of a reasonable
number of individual articles or other similar items. No text accessed via the Service
may be made available to a third party, either for commercial reward or free of
charge, except that for inter-library loan purposes a single paper copy of an electronic
original may be made and sent non-digitally to a library in the same country as
you under fair dealing/use exemptions. In addition, for inter-library loan purposes,
you may make a single paper copy of an electronic original available to a library
in the same country by secure transmission whereby that electronic file is deleted
immediately after printing. Such supply must be for the purpose of research or private
study and not for commercial use or onward transmission or distribution. In the
USA, such copies may only be made in compliance with Section 108 of the Copyright
Act of the USA and within CONTU guidelines.
If you are accessing the Service in a commercial context then you may only access
it for internal research, testing or training purposes or for personal use in accordance
with these terms and conditions.
If you are accessing the Service in a personal or educational context then you may
only access it for private study or research for a non-commercial purpose. You may
make brief quotations from the content of journals, with the customary acknowledgement
of the source, and copy and transmit content from individual online articles in
"person-to-person" and non-systematic scholarly exchanges of information.
You may only use this online access in a way that does not breach the laws of the
country in which you are accessing the Service.
Altering, recompiling, systematic or programmatic copying, reselling, redistributing,
supplying, publishing or republishing (beyond the brief quotations permitted above)
of any journal text, output, search results or other information from any part of
the Service, including, without limitation, copyright, proprietary or other legal
notices, in any form or medium is prohibited. Downloading an entire issue of a journal,
systematic downloading, service bureau redistribution services, printing for a for-fee-service
purpose, document delivery services and/or the systematic making of print or electronic
copies for transmission to third parties (beyond that permitted above) are prohibited.
This agreement between you and L & H set out in these terms and conditions shall
become effective on acceptance by L & H. This agreement shall be for any initial
term we agree with you in writing and shall then continue on an annual rolling basis
on condition that you comply with all the terms and conditions and continue to pay
L & H any applicable fee. Access to the Service shall terminate (a) immediately
if these terms and conditions are materially breached by you and such breach is
not remedied within 30 days of your receiving a written request to remedy such breach;
or (b) following not less than 30 days’ prior written notice by L & H to you. This
agreement will also terminate if you rejects a change to these terms and conditions
notified to you by L & H. In the absence of any rejection within 30 days of notification,
any new terms and conditions will apply.
On termination of this agreement, where L & H has expressly agreed with you in writing
to provide continued access to journals post termination as part of your access
to the Service, you will be entitled to have continued access to the issues of those
journals which were published in the calendar year in which your access to them
commenced and, where our agreement remains in force for subsequent full calendar
years, continued access to issues of those journals which were published in those
full calendar years (the "Available Content"). All other access shall terminate.
The Available Content will be made accessible by L & H giving you a disk containing
that content. If you wish to continue to access the Available Content via a web
site then you shall pay L & H an annual maintenance fee. The content will be made
available via a web site for so long as that annual maintenance fee is paid and
for so long as L & H provides electronic access to that content via a web site.
If access via a web site is no longer available, L & H will make the Available Content
available to you on disk. If, at any time, L & H ceases to publish or distribute
any of the Available Content then it will use its reasonable endeavors to negotiate
the right for you to continue to access it in accordance with these terms and conditions.
L & H's journals and their content, including abstracts, are either owned by L &
H or L & H has the right to make them available and are subject to all applicable
copyright, database protection and other rights of copyright owners and publishers
under the laws of USA and other countries. You shall claim no ownership by reason
of your use of or access to the Service. ALL RIGHTS RESERVED.
Any fees payable by you for the Service shall be those agreed in writing and shall
be payable by you within 30 days of the date of any invoice. Where fees are being
paid by your authorized subscription agent, you shall remain primarily responsible
for payment of such fees.
Where this agreement continues for more than one calendar year, L & H will notify
you, in writing and in advance, with details of any fees payable for subsequent
years. You acknowledge that, even where fees for any initial term are fixed, unless
the fees for subsequent years have been agreed with L & H in writing, they shall
be subject to price increases and alterations. Where the Service is L & H Scientific
extra, should L & H acquire or launch a new publication, such publication shall
be added to the journals and you shall pay the appropriate additional fee to reflect
All sums payable by you are exclusive of sales taxes (where applicable), which shall
be paid by you on presentation of an appropriate tax invoice or other appropriate
Withdrawal of the Journals
L & H reserves the right at any time to withdraw any of the journal(s) (or part)
from the Service if it no longer retains the right to publish or ceases, for whatever
reason, to publish or to distribute such journal(s) or if, in its sole discretion,
it believes that such journal(s) contains any material which infringes copyright
or is defamatory, obscene, unlawful or otherwise objectionable.
If any journal(s) is withdrawn, L & H will reduce any fee for that calendar year
by a sum equivalent to the contribution of the withdrawn content to the total fee,
pro-rated. L & H shall be entitled to off-set any reduction owing to you against
any amounts you owe to L & H under any agreement between the parties.
Availability of the Service
L & H will use its reasonable endeavors to make the Service available on a 24 hour
basis, subject to L & H's right to suspend access in order to carry out routine
maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused
by circumstances beyond L & H's reasonable control including, but not limited to,
downtime relating to telecommunications lines or any Internet nodes or facilities.
If access is suspended or interrupted, or fault or defect occurs which prevents
access, L & H's liability shall be limited to using all commercially reasonable
efforts to restore access as soon as is reasonably practicable. L & H shall have
no other liability in this respect. L & H shall not be liable for any delay, downtime,
transmission error, software or equipment incompatibility, force majeure or any
failure of performance beyond its reasonable control.
L & H reserves the right to suspend access to the Service on detecting a breach
of these terms and conditions but will not do so without notifying you in advance.
Disclaimer of Warranties
L & H WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENCES IN THIS AGREEMENT. L &
H WILL TAKE REASONABLE CARE TO ENSURE THAT ITS JOURNALS ARE COMPLETE, ACCURATE AND
ERROR FREE BUT L & H DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT
WARRANT THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY YOUR REQUIREMENTS.
OTHER THAN AS SET OUT ABOVE, L & H MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
L & H SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS
AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS
OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF L & H FOR ANY CLAIMS, LOSSES
OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO
THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO L & H FOR THE SERVICE
DURING THE YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF L & H HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY
REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM
THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF ACTION
YOU ASSUME THE SOLE RESPONSIBILITY FOR ALL USE OF THE SERVICE THROUGH YOUR USER
DETAILS AND INDEMNIFY AND AGREE TO HOLD L & H INDEMNIFIED FROM ANY LIABILITY OR
CLAIM OF ANY PERSON ARISING FROM SUCH USE.
L & H USES ITS REASONABLE ENDEAVOURS TO INCLUDE ALL RESEARCH MATERIAL FORMING PART
OF THE SERVICE BUT DUE TO THE AGE, RARITY AND UNAVAILABILITY OF CERTAIN MATERIAL,
L & H ACCEPTS NO RESPONSIBILITY FOR THE COMPLETENESS OF THE JOURNALS AND MAKES NO
REPRESENTATION OR WARRANTY IN THIS REGARD.
L & H CONDUCTS REASONABLE QUALITY CHECKING AS PART OF THE PRODUCTION PROCESS OF
THE SERVICE. THIS CHECKING ENCOMPASSES ACCURACY AND COMPLETENESS. NO CHECKING ABOVE
AND BEYOND THE CHECKING WHICH FORMS PART OF THE PRODUCTION PROCESS HAS BEEN CARRIED
OUT. CONSEQUENTLY L & H ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS
OF THE JOURNALS AND MAKES NO WARRANTY OR REPRESENTATION IN THIS REGARD.
This Agreement and access to the Service may not be assigned or transferred by you
to any other institution, organization or person.
Failure to enforce any provision on any one occasion shall not affect L & H’s right
to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between L & H and
you for the Service, which is in force on the date that this agreement comes into
force, constitutes the entire agreement between us relating to the Service and supersedes
any prior communication between you with respect to the Service. This is not intended
to exclude any liability that either of us may have for fraud. Where there is any
conflict between this agreement and any other existing agreement between us relating
to the Service then the latter shall prevail.
Any amendments to these terms and conditions must be in writing and signed by both
parties or by an electronic communication initiated by L & H which you do not reject
within 30 days.
You confirm that L & H shall be entitled to contact you for the purposes of keeping
you updated with information about the Service and for promoting other goods and
services of L & H from time to time.
This agreement will be governed by and construed in accordance with the laws of
USA and we both submit irrevocably to the jurisdiction of the USA Courts. You shall
not be bound by this paragraph to the extent that compliance would violate any existing
law, regulation, by-laws or articles of incorporation or other governing instrument.