Terms of Service
Last updated: 21.01.2023
Service
This is an agreement between Search Smart, the owner and operator of www.searchsmart.org (the "Website", the "Service", "Search Smart", and "We"), and you ("you", "You", "your", "Your"), a user of the Website or the Service. Search Smart aims to support the academic community by providing information on academic databases and their search systems (the "Service"). The Terms apply when you view or use any or all of the Service through our Website located at https://www.searchsmart.org/ (our "Website") or through any means. By accessing or using the Service and/or our Website, you agree to comply with the Terms. If you disagree with the Terms, you may not access or use the Service and/or our Website.
Disclaimer
Search Smart maintains this Website to inform the public about the qualities and limitations of academic search systems. We aim to keep the information we process and publish timely and accurate. If errors are brought to our attention, we will try to correct them. However, Search Smart bears no responsibility or liability whatsoever with regard to the information on this Website.
Your use of the Service is at your sole risk. We provide the Service on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our Service will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. No advice or information, whether oral or written, obtained by you from us or through or from our Service creates any warranty not expressly stated in these Terms.
Any material downloaded or otherwise obtained through your use of our Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or data loss resulting from downloading any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by our Service. We retain the right to create limits on use and storage at our sole discretion at any time, with or without notice.
We may add, change, replace, remove, or discontinue the features and functions of the Service, including APIs. You are responsible for ensuring that calls or requests you make to the Service are compatible with then-current APIs and authentication methods and that you handle responses properly.
Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full, depending on the law.
Third-party resources
Our Service contains links to third-party websites or services that are not owned or controlled by Search Smart. Search Smart has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Search Smart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Copyright and intellectual property
Search Smart, the Search Smart logo, and its other marks are marks of Search Smart. All other trademarks and logos used on the Website, applications, or platform are the trademarks, platform marks, or logos of their respective owners. All brands and trademarks mentioned on the Website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.
Images of third parties are only used on the Website to identify the organization and databases that the logo represents or a screenshot illustrates ('minimal use'). The significance of images of third parties is to help the reader identify the organization or database, assure the readers that they have reached the right page containing critical information about the organization and the associated database(s), and illustrate the organization's intended branding message in a way that words alone could not convey. For these images, there is almost certainly no free equivalent. Any substitute to the images used that is not a derivative work would fail to convey the meaning intended, would tarnish or misrepresent its image, or would fail its purpose of identification. The images are represented at a size and resolution sufficient to maintain the quality intended by the company or organization without being an unnecessarily high resolution. Please notify us if you find any content on this Website that is not attributed correctly.
You acknowledge and agree that we and our third parties retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. We reserve all rights that are not expressly granted to you under the Terms.
All data created by us and the unique arrangement of this data can be downloaded in PDF or XSLX format. This downloadable data is licensed under a Creative Commons Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/). Under this license, you are obliged to reference/cite accordingly. Please refer to the citation information provided on the Website and in the downloadable documents.
Claims of copyright infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Search Smart
Michael Gusenbauer
Johannes Kepler University Linz
Managementzentrum, 3rd floor
Altenberger Straße 69, 4040 Linz. Austria
If we become aware of any infringements, we will remove such content immediately.
Limitation on liability
Search Smart will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. However, our liability will be limited to the fullest extent permitted by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless Search Smart, its parent corporation, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Severability
In case any provision in these Terms shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any term or provision hereof invalid or unenforceable in any respect.
Place of jurisdiction
These Terms and any action related thereto will be governed by the laws of Austria without regard to or application of its conflict of law provisions or your state or country of residence. The place of jurisdiction for all legal disputes that may arise from the use of the Website and/or Service is Vienna, Austria.
Changes to Terms of Service
We may modify these Terms and other Terms related to your use of the Service (like our Privacy Policy) from time to time. All changes will be effective immediately upon posting to the Search Smart Website unless they specify a later date. Please check these Terms periodically for changes - your continued use of the Service after new Terms become effective constitutes your binding acceptance of the new Terms.
