Lantern: Organisation Terms of Service

Last modified: 08 July 2016

Thanks for using the Lantern OA Compliance service ("Service"). This Service is provided by Cottage Labs LLP ("Cottage Labs"), a limited liability partnership, registered in Scotland with the number SO303454 (VAT Reg. No.127710036).

This service is for use by an organisation ("Organisation") interested in the OA compliance state of articles published by their employees/researchers, by individuals using their funding, or by individuals whose work they have published.

By using our Service, you are agreeing to these terms; please read them carefully.

The headings in these terms are for convenience only and do not affect their interpretation.

Using the Service

Users of our Service must have a registered account with an identifiable user, as it makes proxy requests to other 3rd party services on your behalf.

Usage of our Service is limited to one account per Organisation, except if you have purchased a Premium Account on behalf of that Organisation. Accounts cannot be shared with users at another Organisation. Accounts must be registered using an official email address within the Organisation.

Registered users may run a maximum of 25 article identifiers through our service per month; Premium Account holders may run up to 5000 identifiers per month (unless agreed with us otherwise). All accounts may only run identifiers associated with authors who are either employed by the Organisation, who used its funding directly, or published their work through the Organisation.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content that you receive. These terms do not grant you the right to use any branding or logos used in our Service. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Do not misuse our Service; for example, do not interfere with the Service or try to access it using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

If you use our Service you are acting on behalf of your Organisation and that Organisation accepts these terms. It will hold harmless and indemnify Cottage Labs and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of our Service or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. We may also contact you to obtain feedback about our Service, or to make you aware of related services provided by Cottage Labs (or those we work with). You will be able to opt-out of any/all types of non-essential correspondence.

These terms apply to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Privacy and Copyright Protection

Cottage Labs may collect information about you and your Organisation through normal use of the Service. This will include:

  • Information you give us. For example, your user account email addresses and other personal information
  • Information we get through the use of our Service. For example, identifiers for research articles, and their associated metadata.
  • Log information. When you use our Service, we automatically collect and store information in server logs, such as IP address, device information, and the actions you are taking
  • Cookies. Used to store information when you interact with our Service.

We work hard to protect our users from unauthorised access to, alteration of, disclosure or destruction of the information that we hold. Our Service is provided over an encrypted connection, and user passwords are stored in encrypted form only. Access to personal information is restricted to only Cottage Labs members who need to know that information to process it.

Cottage Labs will not re-distribute your personal information to 3rd parties under any circumstances, except as may be required by law.

We use the information we collect from all our Service to provide, maintain, protect and improve it, and to develop new ones and to protect Cottage Labs and our users. By using our Service, you agree that Cottage Labs can use such data in this way.

Your Content

You retain ownership of any intellectual property rights that you hold in the content that you upload to our Service.

When you upload, submit, store, send or receive content to or through our Service, you give Cottage Labs (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Service, and to develop new ones. This licence continues even if you stop using our Service. Make sure that you have the necessary rights to grant us this licence for any content that you submit to our Services.

Data Provided by our Service

Our Service aggregates content from a variety of sources in order to provide the responses to your OA Compliance requests. We do not make any assertion as to the accuracy of the data provided by those 3rd party services.

Third party services may apply usage restrictions on the data we provide to you, and you should refer to their Terms and Conditions before making further use of their data. Please refer to the Appendix for information about 3rd party services used by Lantern, and for links to those services.

We do our best to ensure that we provide you with complete data for your request, but in the event that any of the 3rd party services fails to respond, either temporarily or permanently, we may omit information from that source from our response. We will maintain a dialogue with our data sources in an effort to ensure such disruptions are kept to a minimum. In some cases it may be necessary to permanently remove some 3rd parties from our responses at short notice, and we cannot be held liable. You should check our website for the changes to the data sources.

Payment

If purchasing a Premium Account, you must pay the fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

The Premium Account period is 12 months. Towards the end of the account period we will automatically issue an invoice for the next 12 months. Cottage Labs reserves the right to make changes to the fees and fee schedule, on reasonable notice to the Organisation, and such changes to take effect at the next renewal point.

Receipts for payment will be issued by us only at your request.

Termination and Amendment

We may terminate your account for any transgression of these terms. If you do not have a Premium Account we reserve the right to terminate your account at our discretion for any reason.

If, due to circumstances beyond our control, we have to make any change in our Service or how it is provided, we will notify you via your registered email address immediately. We will use reasonable endeavours to keep any such changes to a minimum.

The annual licence fee for a Premium Account is non-refundable under any circumstances (such as that your account is terminated), unless otherwise agreed in terms between us.

Our Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care. But there are certain things that we do not promise about our Services.

Other than as expressly set out in these Terms, neither Cottage Labs nor its suppliers or distributors makes any specific promises about the Service. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services "as is".

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Premium Account Service Level

If you are a Premium Account holder, you are entitled to the following level of service:

  • There can be up to 30 minutes of scheduled maintenance during the month. We will endeavour to schedule maintenance at low-usage times.
  • The API and the interface will be available 99.5% of the time in any month, after taking into consideration scheduled maintenance.
  • The API and User Interface will be as responsive as is reasonable, depending on the amount of data you are providing to it in any one request.

In the event that you encounter a problem accessing our Service, please contact us as soon as possible, with details.

If we do not meet the level of service detailed above, you will be entitled to receive Service Credits. A Service Credit is a 5% reduction in your next Premium Account renewal cost, up to a maximum of 5 Service Credits in any year.

To receive your Service Credit you must notify us within 5 days of the issue. Availability of our Service will be measured through the use of third party monitoring tools, and statistics will be available upon request.

Service Credits will not be available in the case of a Force Majeure event, which will include malicious activity or unreasonable and excessive usage load on our Service.

About these Terms

We may modify these terms to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are published. However, changes addressing new functions for our Service or changes made for legal reasons will be effective immediately.

We will notify all account holders by email as and when the terms change.

These terms govern the relationship between Cottage Labs and you. They do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

These terms are governed by and interpreted according to Scottish law. All disputes arising under these Terms are subject to the exclusive jurisdiction of the Scottish courts.

Appendix

Lantern aggregates data from the following sources. Each of those sources may stipulate re-use conditions for their data. Below are the services, a link to their last known terms and conditions, and a summary of the terms at last review (provided for information only, and should not be considered legal advice - refer to the 3rd party's terms of service for details):

Service Terms URL (on 11 May 2016) Summary (on 11 May 2016)
CORE No terms of service available As no terms are available, it should be assumed that you may not re-use data from CORE outside your organisation
Europe PMC terms EPMC places no restrictions on re-use of the data, though they note that the data they distribute may be subject to 3rd party rights (e.g. patent/copyright).
CrossRef terms CrossRef places no restrictions on re-use of the data in this context
DOAJ Reuse terms are available in their webpage footer The DOAJ site and its metadata are licensed under CC BY-SA
Grist terms Grist is operated by EuropePMC/EBI, so the same conditions apply
Sherpa Romeo terms provided via FAQ CC BY-NC-SA