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ZOTERO TERMS OF SERVICE

Welcome to zotero.org (the “Site”). Zotero is a collection of services, including storage subscription services (the “Services”), integrated with the Zotero desktop software and the Site, operated by the Corporation for Digital Scholarship (“CDS”) from its offices within the United States on a not-for-profit basis. Your access to and use of the Services and the Site are subject to these Terms of Service (“Terms of Service”) and all applicable laws. CDS makes no representation that the Services made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where such access is illegal is prohibited. CDS may change or modify these Terms of Service, in whole or in part, at any time by updating this posting, without prior notice or liability to users. By accessing and/or using the Services - whether you are a “Visitor” (which means that you simply browse the Site) or a “Registered User” (which means that you have registered as a Zotero user with CDS) - you acknowledge that you have read, understood and agree to be bound by these Terms of Service and to comply with all applicable laws. The terms “you”, “your” or “user”, as used in these Terms of Service, refer to a Visitor or a Registered User.

1. Your Account/Registration

Registration is required to subscribe to the Services. You must be 13 years or older to subscribe to the Services. If you are between age 13 and 18, you confirm that you have your parent’s or legal guardian’s consent to use the Services, that both you and they have read and agreed to these Terms of Service, and they have agreed to be considered a Registered User for purposes of the account. By registering, you represent and warrant to CDS that: (a) you are 18 years of age or older and the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to CDS during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Service; and (d) you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Services.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current and complete. CDS may terminate your access to the Services, without prior notice or liability to you, if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Service and/or the law.

As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your account while using the Services. You agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.

You are responsible for maintaining the security of your account as well as monitoring and controlling access to your account. You agree to notify CDS immediately of any unauthorized use of any account, or any other known or suspected breach of security. CDS cannot and will not be liable for any loss or damage in the event of an unauthorized use by a third party of your account. CDS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other service, for any reason at any time. Termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. If CDS terminates your account or services without cause, it will issue a pro-rata refund of any unused Services. CDS reserves the right to refuse service to anyone for any reason at any time.

2. Your Submissions and Other Data

CDS does not claim ownership of any data or other content you transmit, upload or store on or through the Services by any means (“Submissions”). You retain your rights to the Submissions you transmit, upload or store on or through the Services. You are solely responsible for all your Submissions and all activity that occurs under your account. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to transmit, post or upload your Submissions and to grant the rights granted by you herein. By using the Services, you automatically grant to CDS and its service providers a royalty-free license and right to store, display, process, modify, and retransmit your Submissions.

In order to provide and ensure the quality of the Zotero Services, we may collect and store certain data consistent with our Privacy Policy, which can be found at https://www.zotero.org/support/terms/privacy_policy and is incorporated herein by reference.

CDS is not responsible for screening or monitoring data transmitted, uploaded or stored through the Services by you or other users. If notified of any data transmitted, posted or uploaded through the Services allegedly in violation of these Terms of Service, CDS may investigate the allegation and determine in good faith and its sole discretion whether to remove such data or any portion thereof. CDS shall have no liability or responsibility to users for performance or nonperformance of such activities.

CDS reserves the right not to store and to remove from storage any data uploaded or submitted through the Services for any reason, including, without limitation, any data that, in its sole discretion, it deems to be in violation of these Terms of Service.

3. Fees and Payment

The Services are offered under free and/or paid subscriptions. One person or legal entity may not maintain more than one free subscription. If a free account is inactive (i.e., there has been no synchronization of files) for ninety (90) days, CDS reserves the right to delete any and all files in that account without notice or liability to you.

The fees for paid subscriptions are not license fees, but charges due for storage and related services. The Zotero research tool and server software are released for free public use under several open source licenses, primarily the AGPLv3 - see the license text included with the code for details. The source code is available at https://github.com/zotero/.

You agree to provide CDS with complete and accurate billing and credit card information in connection with your paid subscription(s). If the information you have provided is false or fraudulent, CDS reserves the right to terminate your access to the Services in addition to any other legal remedies.

The fees for the paid services are set out at https://www.zotero.org/support/storage and are subject to change from time to time. You agree to pay the subscription fees and any other charges (including any applicable taxes) for the specific paid Services plan you select in accordance with the fees and billing terms in effect at the time you subscribed to such services. All fees and charges, when paid, are nonrefundable and accrue on the first day of the initial subscription term or successive renewal term until terminated, regardless of whether or not you actually use the Services.

Once you begin your annual billed paid subscription, your next payment would be due on the same date the following year. Should you elect to upgrade your paid subscription to a larger amount of storage space, you will be billed on the commencement date for the first year of the upgraded level of Services. Your initial new subscription term will be 12 months, plus the amount of time your remaining prepaid fees on your prior subscription would buy on a pro-rata basis under the new subscription. For example, if you initially signed up for a $20/year subscription on January 1, 2000, your renewal date would be January 1, 2001. However if on July 1, 2000 you decided to upgrade to the $60/year subscription, your initial new subscription term would be 14 months — from July 1, 2000 to August 31, 2001. This is because your initial new subscription would include an additional two months, as the prior unused subscription fee (here $10) would cover an additional two months under the $60/year subscription plan. After your initial new subscription term you would return to a 12-month subscription term.

You may downgrade your plan, but downgrading may cause the loss of content, features or capacity of your account. If you opt to downgrade, you agree to be solely responsibility for any related loss; CDS cannot and will not be held liable for such loss.

Payment for all paid subscriptions is handled for CDS by a third party service provider, and your credit card statement may include this provider's identifier. If you believe any fees or charges to your account are incorrect, you must contact us in writing within thirty (30) days of the date of the bill containing the amount in question to be eligible to receive an adjustment or credit.

CDS reserves the right to terminate a free account at any time in its sole discretion. CDS also reserves the right to impose fees, with at least fourteen (14) days prior notice to you, for your continued use of Services that were offered for free at the time you subscribed.

4. Renewals

Renewal charges will be based on fees in effect at the time of renewal. CDS agrees to provide you at least fourteen (14) days prior notice of a fee increase via an email to the email associated with your account. Such increase shall be effective upon renewal. The paid subscription will automatically renew for fixed periods of time equal to your initial paid subscription purchase on the anniversary of your initial purchase. A paid subscription, however, will not be renewed automatically if you terminate such subscription in the manner and time described in Section 5 below. If renewal fees are not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, CDS will provide you notice of your account delinquency. If you do not bring your balance current within thirty (30) days after we provide you with notification that your account is in arrears, CDS reserves the right to delete some or all of your Submissions so as to reduce your storage space to below the ceiling of free subscriptions and to convert your paid subscription to a free subscription.

You may terminate your paid subscription at any time through https://www.zotero.org/settings/storage. You must terminate your paid subscription before its renewal date in order to avoid automatic renewal and a charge of the next period's fees to your credit card. If you terminate your paid subscription, you will not be charged at the next renewal date. We will not charge a fee for terminating your paid subscription.

If you terminate your paid subscription and opt to continue using the Services on a free subscription basis, you will have reduced storage capacity and may lose content and features. If you opt to do so, you agree to be solely responsible for such loss; CDS cannot and will not be held liable for such loss.

6. Acceptable Use and Conduct/User Restrictions

As a condition of your access and use of the Services, you agree that you will use the Services in compliance with these Terms of Service and all applicable laws, including any laws regarding the transmission of technical data exported from your country of residence and all export controls and embargo restrictions under the laws of the United States.

You further agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Services in any manner with the intent to interrupt, damage, disable, overburden or impair the Services; (c) use the Services in violation of CDS' or any third party's intellectual property or other proprietary or legal rights; (d) use the Services in violation of any applicable laws and/or to encourage illegal activities; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Services or make any unauthorized use thereof; (f) access, tamper with, or use non-public areas of the Services, CDS’ computer systems, or the technical delivery systems of CDS’ providers or otherwise obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Services; (g) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures or otherwise attempt to gain unauthorized access to the Services through hacking, password mining or any other means; (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data miner” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Services (or portions thereof); (i) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (j) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by taking any action that would interfere with or create an undue burden on the Services; or (k) use the Services in any way that might bring CDS into disrepute.

Any commercial or promotional distribution, publishing or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of CDS, CDS’ licensors or the otherwise applicable rights holders.

7. Changes to and Termination of the Services

We aim to continually improve the delivery and content of the Services and, as a result, CDS will make changes to the Services from time to time. New features may be added, but we also may modify or discontinue (temporarily or permanently) any element of the Services, in whole or in part. We will notify you if there are any material changes to the Services either via an email to the email associated with your account or via a notice displayed in the Zotero software or on the Site.

There are some circumstances under which the Services may be terminated:

A. In the event that we cannot obtain commercially-practical rates or terms from a service provider or supplier, we may cease to offer the Services. In such case, we will provide thirty-days prior notice via email to the email associated with your account or via a notice displayed in the Zotero software or on the Site.

B. We may also cease to offer the Services for any other reason, in which case we will provide you with a thirty-days prior notice via email to the email associated with your account or via a notice displayed in the Zotero software or on the Site. In such case, we will not charge you for Services after their termination, and will refund you any fees paid in advance for Services that have not been received.

CDS reserves the right, at any time, to disable the Services temporarily for security or maintenance reasons.

8. Privacy

As a non-profit enterprise intended to support the development and use of open source scholarship and cultural collaboration, CDS takes privacy very seriously. In order for you to access certain areas and functions/features of the Site and register with CDS (become a Registered User), we may ask you to establish certain login information and provide us with information that personally identifies you, such as your name and email address (“Personal Information”). If you communicate with us by email or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. The information collection and use policies of CDS with respect to the privacy of such Personal Information are set forth in the Site's Privacy Policy, which is located at https://www.zotero.org/support/terms/privacy_policy and incorporated herein by reference.

You may access third-party content in your use of the Services. You may not remove any third party's copyright notices or other identifier, except as allowed by the third-party's license of that content. CDS is not responsible for any content provided by any third party.

All Submissions and other data and content made available through the Services must comply with U.S. copyright law. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site or through use of the Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent, Alex H. Pyle, Sheehan Phinney Bass + Green PA, 255 State Street, 5th Floor, Boston, MA 02109. To be effective, the notification of claimed infringement must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. 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 sufficient to permit CDS to locate the material;

D. Information reasonably sufficient to permit CDS to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. 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

F. 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 the exclusive right that is allegedly infringed.

Please consult your legal advisor before submitting written notification, as the above-stated requirements may have changed. For further information about the DMCA, please visit the website of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/.

In appropriate circumstances, CDS, at its sole discretion, may suspend or terminate any user’s access to the Services and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CDS AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THROUGH USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS OR OTHER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, CDS AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR NEED.

WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. CDS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT MADE AVAILABLE THOROUGH THE SERVICES. YOU ALSO AGREE THAT CDS HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. YOU SHOULD ENSURE THAT YOU HAVE SUITABLE BACKUPS OF ALL OF YOUR DATA. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CDS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12. Indemnity

You agree to defend, indemnify, and hold harmless CDS, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your use of the Services, your Submissions, your breach of these Terms of Service and/or violation of any applicable laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with us in asserting any available defense.

The Site may contain links to third-party websites or resources. These links are provided solely as a convenience to you. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CDS of such websites or resources or the content, products, or services available from such websites or resources. Nor do links to such websites and resources imply that CDS is affiliated or associated with the linked-third-party site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14. Local Laws and Export Control

CDS, through the Site, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

CDS and its licensors make no representation that the Services are appropriate or available for use in other locations outside the United States. If you use the Services from outside the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of other countries. Any diversion of the Services and/or any content obtained from or through the Services contrary to United States laws is prohibited.

15. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Virginia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms of Service on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Service and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Virginia (excluding choice of law).

16. General

CDS makes no claims that the materials provided on or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. These Terms of Service constitute the entire agreement between you and CDS with respect to the use of the Site. Any changes to these Terms of Service must be made in writing, signed by an authorized representative of CDS to be binding on CDS. Notwithstanding the foregoing, CDS, at its sole discretion and without notice, may change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes in these Terms of Service will be effective when posted. If the changes, in our sole discretion, are material, we will notify you via an email to the email associated with your account or via a notice displayed in the software or on the Site. Your continued use of the Site and/or the Services made available on or accessed through the Site after any changes to these Terms of Service are posted will be considered acceptance of those changes.

Except as otherwise provided in these Terms of Service, all notices should be sent by registered mail to the Corporation for Digital Scholarship, 300 Boone Blvd., Suite 500, Vienna, Virginia 22182.

Effective Date: October 7, 2014