Terms of Service and License Agreement
Effective since October 1, 2021
Definitions
Together with its subsidiaries and other affiliates, Citasion LLC, makes available the “Site” (websites including, without limitation, BibNext.com and all sub-domains), “Software” (software and mobile applications), and “Services” (including, without limitation, writing feedback suggestions and/or corrections, plagiarism detection, and human proofreading services) to help people communicate more effectively. Access to and use of BibNext’s existing Site, Software and Services, as well as any future Site, Software and Services provided by BibNext are governed by this Terms of Service and License Agreement (this “Agreement”).
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SITE, SOFTWARE AND SERVICES. BY ACCESSING OR USING THE SITE, SOFTWARE AND SERVICES, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is a legal agreement between you, and the Company, which is the legal owner of Site, Software and Services created by the Company,and provides the terms and conditions by which you may Site, Software and Services produced by the Company, including any associated media, scripts, printed materials,and online or electronic documentation.This Agreement supersedes any other agreement or understanding with respect to its subject matter.If you don't like what you see here, do not install or use Site, Software and Services.By downloading or using Site, Software and Services, however, you agree to use the them consistent with the terms of this legal agreement.
Copyright Law and Licence
Site, Software and Services are the intellectual property of the Company and are protected by copyright, trademark laws and international copyright treaties, as well as other intellectual property laws. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, tracker libraries, and any other content that may be found in Site, Software and Services. Some elements of Site, Software and Services may be governed by other licences.
Grant of Licence
The Company grants to you a limited, worldwide, non-exclusive, royalty-free, revocable, and non-commercial license to: use of Site, Software and Services as herein set forth in the following section as directed by the Company. This includes:
using the Site only through a browser.
installing any extension Software through a web browser.
installing and using an add-in via Word's add-in install process. The Company does not grant you any other rights whatsoever in relation to Site, Software and Services. All other rights are expressly reserved by the Company.
Description of Other Rights and Limitations
Unless you have the express written permission from the Company, you may not distribute the Site, Software and Services or any portion thereof to any third parties.
You may not disassemble or reverse engineer Site, Software and Services for any purpose, other than for reviewing the code for personal review, and at all times are bound by the terms of this Agreement.
The Company may provide you with support services, and any supplemental software code provided to you as part of those services shall be considered part of Site, Software and Services and subject to the terms and conditions of this Agreement.
You must comply with all applicable laws regarding use of Site, Software and Services.
Non-allowable Uses of Site, Software and Services
You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute Site, Software and Services or any elements, portions, or parts thereof, including without limitation, to any elements, portions, or parts of Site, Software and Services (in any form or media) without the Company’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on Site, Software and Services.
Enforcement of Copyright and Protection of Intellectual Property
If the Company discovers that you have used its copyrighted or other protected intellectual property in contravention of the terms of the license above, the Company may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of the Company’s copyright or protected intellectual property that contravenes or may contravene the terms of the license above, immediately report this by email to info@bibnext.com.
Termination
Your right to use Site, Software and Services continues until terminated by the Company, which may terminate this Agreement and your license to use Site, Software and Services at any time, without cause and without notice. You may terminate this agreement at any time by uninstalling and stop using Site, Software and Services. This Agreement will automatically terminate if you fail to comply with any of the terms of this Agreement. Upon termination, you agree to stop using and uninstall Site, Software and Services.
No Warranties
Site, Software and Services is provided “As Is” and does not come with any kind of warranty whatsoever. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Site, Software and Services. Site, Software and Services makes no warranties respecting any harm that may be caused by the transmission of any kind of computer virus.
Limitation of Liability
In no event shall the Company be liable for any damages (including, without limitation, lost profits, business interruption, or loss of data) rising out of use of or inability to use Site, Software and Services. In no event will the Company be liable for indirect, special, incidental, consequential (including lost profit), punitive, exemplary, or other damages based in contract, tort or otherwise. The Company shall have no liability with respect to the content or operation of Site, Software and Services.
Individual User
If you are an individual subscriber, or are using the Site, Services and Software, this Agreement is between you, individually, and BibNext.
Organizational Users
If you are an employee, faculty member or student of a university, school or other entity or organization that has subscribed to Site, Software and Services (an “Enterprise Subscriber”), you are an “Authorized User” of your Enterprise Subscriber and (i) you represent that you have your Enterprise Subscriber’s permission and authority to use the Site, Software and Services and your Enterprise Subscriber’s “User Content” (as defined below) subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and BibNext, and (iii) your Enterprise Subscriber is jointly responsible for your use of the Site, Software and Services.
If you are entering into this Agreement on behalf of an Enterprise Subscriber, you represent that you have the authority to bind the Enterprise Subscriber to this Agreement, in which case references to “you” in this Agreement shall mean the Enterprise Subscriber. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software and Services.
Arbitration Clause
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BibNext AND ITS LICENSORS AND ITS SUPPLIERS TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BibNext AND ITS LICENSORS AND ITS SUPPLIERS ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON YOUR OWN BEHALF, AND (3) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE YOUR CLAIMS DECIDED BY A JUDGE OR JURY.