Terms of Use

(Effective as of October 12, 2016)

Introduction

Welcome to AIP Publishing’s website (http://publishing.aip.org), home of the journal publishing platform Scitation (http://scitation.org), and AIP China (http://china.aip.org/china), (collectively the "Site”). This Site is owned and operated by AIP Publishing on behalf of itself and its publishing partners and third-party licensors.

We encourage you to explore the Site and take advantage of its features and services. Please read these Terms of Use carefully, because by using the Site you are agreeing to these Terms in full. If you disagree with any part of these Terms, please do not use the Site.

Your use of the Site is also subject to the terms of AIP Publishing’s Privacy Policy, which is incorporated into these Terms of Use by reference.

Purpose and Scope

These Terms of Use describe how users may access and interact with the Site, the rights and obligations of AIP Publishing as owner and operator of the Site, and any other relevant information concerning use of the Site.

These Terms of Use apply to all visitors to and registered users of the Site. If you are a paid subscriber—whether through a personal, society membership, corporate, or institutional subscription—your use of the Site and its contents is also subject to the terms of any applicable license/subscription agreement between you (or the organization to which you belong) and AIP Publishing. Authors of articles published on the Site should refer to their individual author license agreements, where additional rights to reuse their own materials are enumerated. If you have questions concerning your usage rights, please contact your institution’s librarian/administrator or AIP Publishing’s Office of Rights and Permissions (rights [at] aip.org). The online access you are granted may only be used in ways that conform to all applicable laws and regulations.

The Site is intended for use by persons 18 years of age or older. If you are not at least 18 years old, please do not use the Site.

Intellectual Property

All content on or comprised in the Site, including articles, abstracts, databases, photographs, graphics, trademarks, logos, site layout and look-and-feel designs, as well as software, APIs and user interfaces (collectively, “Site Content”), unless otherwise noted, is the property of AIP Publishing, its publishing partners, or third-party licensors. Site Content is protected by copyright, trademark, database, and all other laws and treaties governing intellectual property rights in the United States and other countries. By using the Site or any Site Content, you agree to keep all copyright, trademark and other legal notices intact. All rights not expressly granted in these Terms of Use are reserved by AIP Publishing, its publishing partners, or third-party licensors.

Permitted Use of the Site

1. AIP Publishing, on behalf of itself, its publishing partners, or third-party licensors, grants you a nonexclusive, nontransferable license to access and use the Site and Site Content, including making single copies of individual articles for noncommercial, personal and lawful use only. You are permitted to: (i) share limited amounts of content from individual articles (but not full articles) in person-to-person and nonsystematic scholarly exchanges with others; and (ii) use brief quotations from individual articles with the customary acknowledgment of the source.

This license grant does NOT permit or extend to the following types of use, which require separate written permission from AIP Publishing:

  • copying an entire article for transmission to another individual;
  • systematic reproduction, or reproduction in multiple copies;
  • republication in any format or medium of individual articles or portions of articles (e.g., excerpts, figures, images, tables, etc.) in original form or in modified, translated, annotated, or other derivative form;
  • reuse in course packs or electronic reserves;
  • sublicensing of any content;
  • the compiling of individual articles into a collection or database of any kind;
  • any form of commercial use, including for marketing, advertising or promotional purposes.

Permission may be subject to fees and may be granted or withheld in AIP Publishing’s sole discretion. To obtain permission, you may use the Copyright Clearance Center’s RightsLink system or contact AIP Publishing directly at rights [at] aip.org

2. Articles published in journals that use an open access model, as well as some individual articles within subscription-based journals, are licensed under a Creative Commons Attribution (CC BY) license. Under the terms of the CC BY license, no permission is required from the author(s) or publisher to copy, distribute, transmit, or adapt the article content, provided that proper attribution is given to the authors in a manner that makes clear that the materials are being reused under permission of a Creative Commons license. AIP Publishing’s preferred format for attribution is as follows: “Author names, Journal Title, Vol. #, Article ID #, (Year of publication); used in accordance with the Creative Commons Attribution (CC BY) license”

3. Some areas of this Site are available to registered users only. Registered users will be required to affirmatively “Agree” to these Terms during registration. All registration information will be held confidential by AIP Publishing in accordance with AIP Publishing's commercially reasonable business practices and its Privacy Policy.

If you register on the Site and create a user ID and password, you are solely responsible for ensuring that the user ID and password are kept confidential and not disclosed to any third party. You also agree not to use someone else’s account, user name, or password at any time and that you will notify AIP Publishing immediately if you suspect any unauthorized use of your own account or password. AIP Publishing may disable your user ID and password at any time in its sole discretion.

Prohibited Uses of the Site

AIP Publishing specifically prohibits the following:

  • using any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather any Site Content;
  • systematically downloading or making print or electronic copies of articles from the Site for the purpose of redistributing them (including by sale, rental, lease, or lending) in any format or medium, such as for document delivery and fee-for-service purposes, without the express prior written permission of AIP Publishing;
  • framing or otherwise creating a browser or border environment around any page or portion of the Site;
  • removing, altering, concealing, or tampering with any copyright, trademark or other proprietary rights or legal notices, markings or legends contained in or associated with the Site or any Site Content;
  • decompiling, disassembling, reverse engineering, or attempting to discover or derive any proprietary software code or information contained in or associated with the Site or any Site Content;
  • interfering in any way with the operation of the Site or any associated server, network or system, including: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any associated server, network or system; breaching, bypassing, circumventing, disabling, or rendering ineffective any firewall, encryption, access control, authentication, or other security measure or mechanism used for or associated with the Site or any Site Content; submitting or uploading any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious or harmful computer code or program, to the Site; or accessing another’s account without authorization;
  • except as necessary to give attribution to AIP Publishing or the Site, or except as permitted by applicable law, using any trademark, service mark, logo or other identifier of AIP Publishing without the express prior written permission of AIP Publishing; and
  • redistribution of any Site Content to a country where that export is prohibited by U.S. law or regulation.

Any use of the Site or Site Content in a manner or form that is not expressly authorized by these Terms (or authorized in writing by AIP Publishing or applicable rights holders) or by applicable law, is strictly prohibited.

Contributing Material to the Site

You may be able to contribute original material to some parts of the Site, such as in blogs, forums, message boards, commenting, or other public areas. If you submit comments or any other material (collectively, “Material”) to any part of the Site, do so responsibly. Please be aware that there is no expectation of privacy or anonymity in the Material or your submission of the Material. Without limiting the terms of our Privacy Policy, we reserve the right to identify you as a contributor if asked to do so by a court of law or other legal authority.

Unless agreed to in writing between you and AIP Publishing, you retain copyright ownership in the Material submitted by you. However, by submitting Material to any part of the Site, you grant to AIP Publishing and its publishing partners an irrevocable, worldwide, perpetual, royalty-free, nonexclusive, transferable (with the right to sublicense to others) license to use, copy, publicly display, publish, distribute, reformat, translate, excerpt, prepare derivative works from, and incorporate into other works your submitted Material, for any purpose and in any format or medium whether now known or later developed.

By submitting Material to the Site, you also acknowledge and agree that: (i) AIP Publishing and its publishing partners will have no obligation to make any use of your submitted Material; and (ii) AIP Publishing will also have the absolute right, at any time and with or without reason, to remove, delete, block, or disable access to your submitted Material from the Site.

By submitting Material to the Site, you also represent and warrant that you are the owner of the Material or have written permission from the owner to post the Material and are not violating the intellectual property, confidentiality, or privacy rights of any third party.

Contributors may not post Material that:

  • contains obscene, lewd, profane or suggestive content;
  • contains libelous, threatening, harassing, racist, demeaning or defamatory content;
  • links to any obscene, lewd, profane, suggestive, libelous, threatening, harassing, racist, demeaning or defamatory content;
  • constitutes an invasion of privacy, a breach of any data protection principle or legislation, may incite violence or racial hatred; or that may cause annoyance, inconvenience or needless anxiety;
  • attempts to impersonate someone else or falsely imply a affiliation with any individual or entity;
  • contains marketing, such as advertising, chain letters, pyramid selling, spam, or promotional materials for other sites;
  • contains links to files that may contain a virus, corrupted data, Trojan horse, or any other potentially damaging files;
  • contains comments not pertinent to the discussion topic; or
  • uses any oversized fonts or JavaScript;

Contributors also may not:

  • post multiple or duplicative comments;
  • collect personal data about other contributors via the Site, including but not limited to manually or through use of robots, spiders, or similar means;
  • circumvent or tamper with the security features built into the Site;
  • attempt to forward Site traffic to another site;
  • use or allow others to use the Site in any way that violates these Terms;
  • violate or possibly cause AIP Publishing to violate any applicable law, statute, ordinance or regulation; or
  • create liability for AIP Publishing in any manner whatsoever.

Site Availablity

AIP Publishing reserves the right to modify, suspend, terminate, or restrict general online access to the Site or individual access to the Site or any Site Content at any time, for any reason, and without notice or liability. AIP Publishing, or any of its publishing partners, will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance related to the Site. AIP Publishing will use commercially reasonable efforts to correct any material performance problem in a timely manner and may suspend performance to make corrections, or for maintenance and repair.

Links

The Site may contain links to third-party sites. AIP Publishing is not responsible for the availability of external sites or resources and does not endorse and is not responsible or liable for any content, advertising, or other materials on third-party sites. AIP Publishing is also not liable for any loss or damage caused by or in connection with your use of any information, materials, goods or services provided through another website. It is recommended that you review the terms of use and privacy policies of any third-party sites you visit, because their policies may differ from AIP Publishing’s. Any concerns regarding any third-party websites should be directed to the appropriate owner or operator of the site.

Notice of Infringement

To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), AIP Publishing will respond to proper notifications of claimed copyright infringement with respect to user-submitted Material published on the Site, and will act promptly to remove and disable access to the allegedly infringing Material. AIP Publishing also has a policy of terminating the account of any registered user who is determined by AIP Publishing to be a repeat infringer.

Designated Agent: In compliance with the DMCA, the following is AIP Publishing’s Designated Agent to receive notifications of claimed copyright infringement:

AIP Publishing
Attn: Manager, Rights and Permissions
1305 Walt Whitman Road, Suite 300
Melville, NY 11747-4300
Phone: 516-576-2268
Fax: 516-576-2450
Email: rights [at] aip.org

Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to the Designated Agent listed above, and must include the following information:

  • The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that this person is authorized to act on behalf of the owner of the copyright that is allegedly infringed;
  • A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the copyright owner's agent, or by law;
  • A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and
  • Your name, address, telephone number, and e-mail address. Please put "Notice of Infringement" in the subject line of all the notifications.

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against Material submitted by you on the Site, you may make a counter-notification with the Designated Agent listed above. The counter-notification must be in writing and include the following information:

  • Your physical or electronic signature;
  • A statement by you under penalty of perjury that you have a good faith belief that the Material was removed or disabled as a result of mistake or misidentification;
  • Identification of the Material that has been removed or to which access has been disabled and the location at which the material previously appeared; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of that person.

If AIP Publishing receives a valid counter-notification, it may reinstate the removed or disabled user-submitted Material in accordance with the DMCA. Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL SITE CONTENT (INCLUDING ANY USER-SUBMITTED MATERIAL) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AIP PUBLISHING AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND THAT ANY SITE CONTENT IS ACCURATE, UP-TO-DATE, OR COMPLETE, AND ACCEPTS NO LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON THE SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THAT LOSS OR DAMAGE. IN ADDITION, AIP PUBLISHING AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NONINFRINGEMENT AND ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS, AND UNDERTAKINGS.

AIP PUBLISHING AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS HAVE NO LIABILITY FOR AND DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE OR ANY SITE CONTENT; NOR DO AIP PUBLISHING AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS GUARANTEE THAT OPERATION OF THE SITE WILL BE ERROR-FREE. WE ARE NOT RESPONSIBLE FOR, AND HAVE NO LIABILITY FOR, ANY ERROR OR CORRUPTION OR BREACH OF SECURITY RESULTING FROM THE TRANSMISSION OF ANY INFORMATION OR MATERIAL OVER ANY TELECOMMUNICATIONS NETWORK.

AIP PUBLISHING AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT LOSS OF BUSINESS, PROFIT, REVENUE OR GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOST OR WASTED STAFF TIME ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY SITE CONTENT.

Please verify all information and content before relying on it. If you suspect that something is inaccurate, unlawful, or an infringement of intellectual property rights, please contact rights [at] aip.org.

Some jurisdictions do not permit the exclusion of some representations, warranties, or liability. As a result, some of the exclusions above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless AIP Publishing, its publishing partners and third-party licensors, subsidiaries and affiliates, and their respective officers, directors, employees, contractors, agents, partners, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, resulting from your violation of these Terms of Use or misuse of the Site or any Site Content (including any user-submitted Material), or from any Material submitted by you. You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from any technical disruption of the Site or AIP Publishing’s systems that you cause.

Notice of Change in Terms

We may revise these Terms of Use at any time by posting the revised Terms to this page. The date at the top of the page will reflect the most recent revision. Please be sure to note any changes whenever you access the Site. By using the Site after the Terms have changed, you agree to be bound by the revised Terms.

Termination

You may choose to terminate your rights under these Terms of Use or close or cancel your account at any time by providing notice to AIP Publishing. AIP Publishing may suspend or terminate your access and any license granted to you at any time if you fail to comply with these Terms of Use. Termination may occur automatically if your license or subscription expires.

Governing Law and Severability

These Terms of Use are governed in accordance with the laws of the United States, specifically the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York.

If any provision contained in these Terms of Use is held to be invalid or unenforceable by a court of law, all other provisions remain enforceable.

Contact Information

This Site is operated by AIP Publishing, 1305 Walt Whitman Road, Suite 300, Melville, NY 11747.

Please contact the Office of Rights and Permissions by email at rights [at] aip.org, regarding any violations of these Terms of Use.