Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

SUMMARY OF TERMS AND CONDITIONS

Like all websites, our lawyers insist on some relatively generic terms and conditions to protect us in the event that this website is abused. Kudos is all about simplifying complex information, so here is a plain language summary of the key points from our terms and conditions, acceptable use policy, privacy policy, cookie policy and logo use guidelines:

  • You retain the copyright of the information you add to Kudos, and you grant us a licence to share it on your behalf to help us increase the visibility of your work. When we re-share information you have added to Kudos, we do so under CC-BY.
  • The information you add to Kudos is explanations and links - you do not add the full text itself. Therefore, the copyright of the full text is unaffected by your participation in Kudos.
  • We understand that academic debate can be heated, but please do not add explanations and links that are solely intended to offend or defraud; if trouble ensues from what you post, you may be liable for the costs involved
  • If we are working with your publisher, institution or other related organization, we may share with them the explanations you add, and summaries of your sharing and related metrics, to help them amplify your efforts and increase the visibility of your work.
  • We may process any personal data we collect from you, or that you provide to us, or that we obtain from other sources. We process such information in accordance with our Privacy Policy. In particular, where we process your personal data for marketing purposes, this is subject to your consent and you can set preferences to opt in and out of any marketing that we undertake.

We hope this summary is helpful. Please note that by accessing and continuing to use our website, you agree to be legally bound by these terms and conditions.

 

  1. TERMS OF WEBSITE USE

The website at growkudos.com (our site) is published and maintained by Kudos Innovations Limited (we, us), a company registered in England under number 08642156 with its registered office at 100 Liverpool Street, London, EC2M 2AT, UK. Our VAT number is GB 171 3178 20.

By accessing or registering to use the site or by using the services or information available via the site you (User, or you) are entering into a legally binding agreement with us based on these terms and conditions (together with the documents referred to in them) (Agreement) and you are acknowledging that you have read, understood and agree to be bound by the Agreement. We recommend that you print a copy of this Agreement for future reference.

If you do not agree to the Agreement, you must not use our site.

 

  1. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site: - Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

 

  1. CHANGES TO THESE TERMS AND CONDITIONS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

 

  1. CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

  1. ACCESSING OUR SITE

Registration and use of our site is made available free of charge to authors. Certain services, currently including Kudos Pro require a Subscription to access.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event. In these terms of use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

 

  1. SUBSCRIPTION TERM, TRIALS, RENEWALS AND FEES PAYMENT

Free Trials

6.1. Your subscription to the Kudos Service may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up.

6.2. Free trial eligibility is determined by Kudos at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.

Subscriptions

6.3. Order Form. Our order form may be completed and placed in various ways, among which, an online form or in-product screens or any other mutually agreed upon offline form delivered by User to Kudos, including via mail, email or any other electronic or physical delivery mechanism (the "Order Form"). Such Order Form will list, at the least, the Service ordered, subscription plan, term and the associated fees.

6.4. Subscription Fees. Your access to or use of the Subscription shall be contingent upon your payment of all applicable fees as described on the Site or Order Form at the time ("Fees"). Upon subscribing to the Kudos Service, you will be required to designate a valid payment method. You hereby authorize Kudos to charge to your designated account all Fees relating to the Subscription you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions.

6.5. Subscription Term. The Kudos Service is provided on a subscription basis for the term specified in your Order Form, in accordance with the respective subscription plan purchased under such Order Form (the "Subscription Term" and the "Subscription Plan", respectively, and collectively the "Subscription").

6.6. Auto Renewal. To ensure uninterrupted service, all Subscriptions to the Kudos Service are renewed automatically. You hereby authorize Kudos to charge subscription Fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription level(s), term and Fees in effect at the time of initial purchase or last renewal, whichever is the latest, or at a Revised Fee that you will have been notified about. You may cancel the subscription at any time prior to your renewal date by contacting support@growkudos.com.

6.7. Revised Fee. Kudos reserves the right to revise its Fees on one or more occasions, upon notice to you, which may be sent via email to your most recently provided email address or posted on the Site. The Revised Fee will come into effect at the start of your next Subscription Term. If you do not agree to the revised Fees, you may cancel your Subscription prior to your renewal date by contacting support@growkudos.com.

6.8. Cancellation. You may cancel your Subscription at any time by contacting support@growkudos.com. If you cancel your Subscription you will not receive a refund of any Fees already paid and will retain access to the Kudos Service for the duration of your current Subscription Term. If you cancel within 14 days of commencing your Subscription or of your Auto Renewal date, you will be entitled to a refund for the Subscription Term that has just commenced.

6.9. Taxes. The Subscription Fees are inclusive of sales taxes, the value of which is determined from the sales location you specify on the Order Form.

6.10 If you cancel your Subscription, you will lose access to the Kudos Service at the end of your current Subscription Term. At that time, any of your live pages will be switched to an archive state, providing a limited view of the content. Public links including DOI links to the page will continue to work. Kudos Pro Serviced Edition Subscribers benefit from their live pages remaining live in an unrestricted state for an additional 12 months following the end of the current Subscription Term, before being switched to the archive state. If you reinstate your Subscription, your pages will be restored.

 

  1. YOUR ACCOUNT AND PASSWORD

You may be required to register your details and/or open an account to access some areas of our site, including to receive some of our services. You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Info@GrowKudos.com.

 

  1. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission or unless otherwise permitted within these terms.

The contents of the Website including (without limitation) web pages, computer codes of elements comprising the Website, and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us. You may print off, download or programmatically access extracts, of any page(s) or articles from our site for your personal or commercial use provided that such use falls within our Acceptable Use Policy.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, data sets or any graphics separately from any accompanying text.

We assert our moral rights over the content on our site and our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

We would request that, in attributing content to Kudos, you provide a link to the article page on our site in accordance with clause 14 below.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

This restriction does not include your ability to use any of our "sharing" functions (for example, liking and sharing our site on Facebook) in accordance with that third party's own terms and conditions.

 

  1. NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

  1. UPLOADING CONTENT TO OUR SITE

You can upload and/or make available content including plain language summaries, lay summaries, short titles, impact statements, perspectives, links to resources, visual summaries, project pages, publication pages, showcases, images, logos and avatar photos (Your Content) to our site via our website. You can also upload and/or make Your Content available on our site via certain third party partner channels, such as manuscript submission systems, CRIS systems or institutional repositories. Whichever way you choose to upload Your Content to our site, and when you make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any of Your Content complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.

Where you include a link to content on a third-party web site, you will only post links where they do not contravene the terms of the third party web site.

Subject to our Privacy Policy in respect of personal data, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence over any of Your Content. This means that we have the right to use, copy, distribute, disclose to third parties, develop or create derivative works form any of Your Content for any purpose. Additionally, you waive your moral rights in Your Content.

We may grant sub-licences in whole or in part, of any of the rights granted under this Agreement, or sub-contract any aspects of exploitation of the rights licensed to us, without your consent. If we do grant such a licence to third parties over Your Content it will be a CC-BY licence (as published from time to time by www.creativecommons.org).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Any disclosure will be in accordance with our Privacy Policy.

We will not be responsible, or liable to any third party, for the content or accuracy of any of Your Content posted by you or any other user of our site.

We have the right to remove any of Your Content if, in our opinion and at our absolute discretion, Your Content does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

We have integrated Our Site (Kudos) with ORCID (see http://orcid.org). ORCID provides a persistent digital identifier for individual researchers and contributors. Users of Kudos can choose to connect their Kudos account with their account record on ORCID. This allows ORCID to send your list of publications claimed on ORCID to Kudos. This speeds up the process for you, saving you from manually searching for and claiming each publication on Kudos. It also allows Kudos to send a list of claimed publications to ORCID to update your record on ORCID.

If you choose to connect your Kudos account with ORCID, your data will be passed as described above between Kudos and ORCID. (Please see our Privacy Policy for more information regarding the basis on which we will process your personal data in these circumstances). Kudos will periodically query ORCID to refresh the latest list of publications.

You are free to disconnect your Kudos account with ORCID at any time.

Additionally, you waive your moral rights in Your Content.

 

  1. LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

  1. INDEMNITY

You agree to indemnify us, our directors, officers, employees, agents partners, promoters, licensors, suppliers, sponsors and affiliates ('Indemnified Parties') against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by an Indemnified Party arising out of or in connection with:

  • any breach of your warranties contained in clauses 2 and 10;
  • your breach or negligent performance or non-performance of this Agreement;
  • the enforcement of this Agreement against you; or
  • any claim for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with Your Content.

This indemnity shall apply whether or not an Indemnified Party has been negligent or at fault.

Liability under this indemnity is conditional on an Indemnified Party discharging the following obligations. If any third party makes a claim, or notifies an intention to make a claim, against an Indemnified Party which may reasonably be considered likely to give rise to a liability under this indemnity ('Claim'), the Indemnified Party shall:

  • as soon as reasonably practicable, give written notice of the Claim to you, specifying the nature of the Claim in reasonable detail;
  • not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent (such consent not to be unreasonably conditioned, withheld or delayed), provided that an Indemnified Party may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to you, but without obtaining your consent) if the Indemnified Party reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
  • give you and your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of an Indemnified Party, so as to enable you and your professional advisers to examine them and to take copies (at your expense) for the purpose of assessing the Claim; and
  • subject to you providing security to the Indemnified Party to the Indemnified Party's reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as you may reasonably request to avoid, dispute, compromise or defend the Claim.

 

  1. VIRUSES

We do not guarantee that our site will be secure or free from bugs, viruses or any malicious or technologically harmful software.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

  1. LINKING TO OUR SITE

You may link to our home page or any publicly-accessible page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our logo to indicate the link to our website provided that you follow our Logo Use Guidelines and that you cease to use our logo in any form should we revoke our licence to you to do so in writing.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact Info@GrowKudos.com.

 

  1. WIDGETS

You may use the Kudos widgets to embed information from Kudos onto your site. See our widget implementation guide for technical details. By embedding a Kudos widget you are agreeing to the following terms:

  • You must embed the Kudos widget as is, using only the parameters and options detailed in the implementation guide.
  • You must not modify in any way the text, images, links or attributions provided in the widget without written permission. The widget is responsive and will fill the space available.
  • You must make a live query to the widget at the time you want to display the information, you must not store or cache any information provided through the widget without written permission.

 

  1. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

  1. OTHER PROVISIONS

No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

This Agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

 

  1. APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

  1. CONTACT US

To contact us, please email Info@GrowKudos.com.

Thank you for visiting our site.

Last updated on 16-Apr-2022