Terms and Conditions

Agreement between User and https://heber.info

Welcome to https://heber.info. The https://heber.info website (the “Site”) is comprised of various web pages operated by Joerg Heber (“Open Science Newsletter”). https://heber.info is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://heber.info constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://heber.info is a News and Information Site. The Open Science Newsletter is a collection of news covering open science, science publishing and scientific research. It is curated by Joerg Heber.

Privacy

Your use of https://heber.info is subject to Open Science Newsletter’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://heber.info or sending emails to Open Science Newsletter or Joerg Heber constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Open Science Newsletter does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://heber.info only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://heber.info may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Open Science Newsletter and Open Science Newsletter is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Open Science Newsletter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Open Science Newsletter of the site or any association with its operators.

Certain services made available via https://heber.info are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://heber.info domain, you hereby acknowledge and consent that Open Science Newsletter may share such information and data with any third party with whom Open Science Newsletter has a contractual relationship to provide the requested product, service or functionality on behalf of https://heber.info users and customers.

No Unlawful or Prohibited Use/Intellectual Property

As a condition of your use of the Site, you warrant to Open Science Newsletter that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

License to use the content

Unless otherwise indicated, all content included as part of the Service, such as text, graphics, logos, images, are licensed under a Creative Commons Attribution license 4.0 International License (“CC-BY license”). This means that unless otherwise noted you are free to copy and redistribute the material in any medium or format and to remix, transform, and build upon the material for any purpose, even commercially, subject to citation of the original source in accordance with the CC-BY license. You may do so in any reasonable manner, but not in any way that suggests the Service endorses you or your use.

International Users

The Service is controlled, operated and administered by Open Science Newsletter from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Open Science Newsletter Content accessed through https://heber.info in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Open Science Newsletter, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Open Science Newsletter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Open Science Newsletter in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOERG HEBER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

JOERG HEBER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOERG HEBER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOERG HEBER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOERG HEBER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Joerg Heber reserves the right, in his sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Open Science Newsletter as a result of this agreement or use of the Site. Open Science Newsletter’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Open Science Newsletter’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Open Science Newsletter with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Open Science Newsletter with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Open Science Newsletter with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Open Science Newsletter reserves the right, in its sole discretion, to change the Terms under which https://heber.info is offered. The most current version of the Terms will supersede all previous versions. Open Science Newsletter encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Open Science Newsletter welcomes your questions or comments regarding the Terms. Contact us via this form.

Effective as of April 15, 2019.