General terms and conditions of use
Foreword
The Centre Mersenne is a comprehensive electronic publishing infrastructure. It offers a platform for dissemination of open access scientific journals, books and proceedings, as well as a modular range of publishing services aimed at the scientific communities publishing in LATEX.
The Centre Mersenne is developed by Mathdoc with the support of the Institut National des Sciences mathématiques et de leurs interactions (CNRS Mathématiques) of the CNRS. Mathdoc is a Support and Research Unit, UAR 5638, led by Evelyne Miot and Vincent Beffara and is supported by the CNRS Mathématiques (Institut National des Sciences mathématiques et de leurs interactions ) of the CNRS (French National Center for Scientific Research) and Grenoble Alpes University (UGA), hereby designated as “ Establishments “.
Via its dissemination platform, the Centre Mersenne gives free access to full texts and PDFs of scientific Publications to Users.
By joining the Centre Mersenne, the User accepts these Terms and Conditions of Use (hereafter referred to as the “User’s TCU”) and undertakes to respect them.
1- DEFINITIONS
- Mersenne Database : a data structure arranged in a systematic or methodical manner, processed, analysed and completed by Mathdoc as part of the centre Mersenne activity, and individually accessible by electronic means or by any other means and presenting a substantial investment on the part of Mathdoc and its supervising establishments in the constitution, verification and presentation.
The centre Mersenne produces, for each Publisher, deux types of databases:
– A Database of the journal management software, contained in the journal management software. Each journal management software Database is independent and restricted to the Publisher.
— A Publication Database, contained in the Publication Website and hosted by the Mersenne Website.
- OJS account : personal account created by the User, using personal credentials, on the Publisher instance of OJS, to submit an article.
- Publisher : the legal entity and/or person responsible for the Publication.
- Force majeure : unpredictable, irresistible and outside event, beyond the control of Mathdoc and/or Establishments.
- Journal management software Instance : instance of the journal management software, dedicated to the Publication. Hosted by Mathdoc, this instance consists of a private admin area for the Publisher, accessible to the Authenticated Users, and a public interface, mainly used by the authors wishing to submit an article. Hosted by Mathdoc, this instance consists of a private admin area for the Publisher, accessible to the Authenticated Users, and a public interface, mainly used by the authors wishing to submit an article.
The journal management software is an Open-source software. It is placed under an open source GNU General Public License. - Open access : free-of-charge and illimited online access to the Publication, without any financial or technical restrictions, provided to the Users.
- Metadata : information describing a published document (title, subtitle, summary, name of the author, table of contents, bibliography, ISBN / ISSN, DOI, URL, language of publication, etc.) The Full text isn’t metadata. The Full text isn’t metadata
. - Publication: set of documents provided by the Publisher to the Centre Mersenne for publication, that is published on the Mersenne Website through the Publication website and that can be downloaded by any User. The Publication can be a journal, a book, a proceedings series…
The centre Mersenne website issues several publications. - Mersenne website : Centre Mersenne website www.centre-mersenne.org. It hosts the Publication Websites.
- Publication Website : website of each Publication, hosted by Mathdoc and accessible to Users in Open Access via the Mersenne Site.
- User : any person using the Mersenne Website.
2- PURPOSE AND SCOPE
The User’s TCU aim at defining :
— The terms and conditions of use whereby Users use the Mersenne Website and the Publication Websites;
— The terms and conditions of Use whereby the users access the Publication Websites via the Mersenne Website.
The access to and use of the Mersenne Website and of the Publication Websites implies the User’s unreserved acceptance of the User’s TCU.
The User hereby recognizes having read and acknowledged the User’s TCU and undertakes to respect them.
3- DESCRIPTION OF THE SERVICES OF THE MERSENNE WEBSITE AND THE PUBLICATION WEBSITES
The Mersenne Website and Publications Websites make available to the User the following services :
— Navigation on the Mersenne Website and the Publication Websites, as well as reading and downloading of articles and their Metadata;
— Submission of articles via the Instances of the journal management software of a Publication Website.
4- TERMS AND CONDITIONS OF ACCESS TO THE MERSENNE WEBSITE AND PUBLICATION WEBSITES
4. 1 Access terms
Access to the Mersenne Website and to the Publication Websites via the search and browse functions, reading and downloading their Metadata in the provided format is free and free-of-charge, subject to acceptance and respect of the User’s TCU.
The User’s TCU are those in force and presented on the Mersenne Website at the time of access to said websites. They are applicable each time the User accesses the Mersenne or Publication Websites and for the entire duration of the access.
Mathdoc reserves the right to modify the User’s TCU at any time, without any prior notice.
The User is advised to regularly consult the last version of the User’s TCU available on www.centre-mersenne.org.
The Publisher’s Terms of Use apply to the User.
All the Mersenne Website content is published in Open Access via the Mersenne Website and the Publication Websites.
4.2 – Submission of articles through an Instance of the journal management software
The User can submit an article to the Publisher of his/her choice.
To submit an article, the User uses the Instance of the journal management software attached to the Publisher of the chosen Publication.
The User creates an account and definespersonal credentials (username and password). The validity period of this account is not limited.
Each User is solely responsible for the security and confidentiality of his/her personal credentials and of the consequences of their use.
Before submitting an article, the User is responsible for verifying the selection criteria, the editorial and copyright polices of the Publisher to whom he/she submits the article.
The Publisher is solely responsible for the editorial process. Once the article is submitted, the Publisher will keep the User informed of the submission process and follow-up actions regarding the article.
5- INTELLECTUAL PROPERTY
5.1. Metadata
Metadata are available under license CC0. Centre Mersenne’s OAI-PMH server can be used for systematic download of Metadata in various schemas.
5-1 Mersenne Website Databases
Mersenne databases are original works, produced by Establishments and are the full and exclusive property of Establishments.
Nothing contained in the User’s TCU shall be construed as automatically transferring or licensing any intellectual property right on the Mersenne Databases to the User.
As a producer of the Mersenne Databases, the Establishments benefit from the protection of databases under French and international law and in particular under the specific database right provided by Article L. 341-1 of the French Intellectual Property Code.
Consequently, Users shall not :
— extract, by permanent or temporary transfer, the whole content, or a qualitatively or quantitatively substantial part of the content of the Mersenne Databases onto another medium, by any means and in any form whatsoever,
— reuse, by making available to the public in whatever form, the whole content or qualitatively or quantitatively substantial parts of the content of the Mersenne Databases,
— the extraction or repeated re-use of qualitatively or quantitatively insubstantial parts of the content of the Mersenne databases when these actions do not correspond to normal use of the database.
5.3 The Mersenne Website
All the content of the Mersenne Website including in particular the texts, images, videos, data, codes…, is protected by copyright and belongs to Mathdoc and the Establishments, except for the content created or published online by the Publisher and/or the User.
Nothing contained in the User’s TCU shall be construed as automatically transferring or licensing any intellectual property right on the content of the Mersenne Website to the User.
The Mersenne Website in its entirety is protected under French and international law on copyright and intellectual property. All reproduction and distribution rights are reserved (except for strictly private use), including for the iconographic and photographic representations.
Short quotation is allowed, subject to a proper attribution of the quotation’s origin using a link to the quoted page (or, if it is not possible, using a link to the website’s homepage) or, in the case of a reproduction on a physical medium, subject to mentioning the author and the URL of the quoted page .
Any and all other reproduction or representation, complete or substantial, of the content of the Mersenne Website by any means whatsoever, shall be subject to authorization.
Any and all partial or total reproduction without the prior and written authorization of the Establishments shall constitute an infringement likely to result in legal proceedings.
Notwithstanding, some contents of the Mersenne Websites are published under a specific open source license. The User is informed that such contents can be read and downloaded, without any limitation, and can be shared and reused by the User, subject to the terms of the license.
The license applicable to downloadable document is stated on its cover.
5-4 Publication Websites
All the content of the Publication Websites including in particular the texts, images, videos, data, codes…, is protected by copyright and belongs and/or is under the responsibility of the concerned Publisher.
The editorial policy is specific to each Publisher.
Each Publication Website indicates the intellectual property rules that apply to all its content as well as the license under which this content is published.
The User undertakes to comply with those rules.
Any question relating to the User’s copyrights shall be addressed between the User and the Publisher of the related Publication.
5-5 Trademarks & Logos
The initials “CNRS”, the wording « Centre National de la Recherche Scientifique » and CNRS’ logo are registered as trademarks. The User is consequently not allowed to use or refer to the registered names or trademarks of the CNRS, for any purpose whatsoever, without the prior, express written authorization of the CNRS.
Such rule shall also apply to the names and logos of Mathdoc and the Centre Mersenne.
6 – IMPLEMENTATION OF HYPERTEXT LINKS
The implementation of hypertext links by third parties towards pages and/or documents published on the Mersenne Website is authorized provided that the links are not contrary to the interests of Mathdoc and/or of the Establishments, and, that they guarantee the possibility for the user of the links to identify the origin and the author of the document.
7- LIABILITY
7-1 Access
The User acknowledges being fully informed of the limits of the Internet and of
electronic connections.
Given the constraints and complexity of international networks and the fluctuations in the number of internet users at certain hours, Mathdoc and/or the Establishments shall not be held liable for any difficulties or temporary impossibility of accessing the Mersenne Website, the Publication Websites and the Instance of the journal management software, in particular in case of difficulties or impossibility of accessing due to external circumstances, force majeure, or disturbances on the telecommunication network.
The User is aware of the complexity of global networks and the influx of Internet users at certain times.
7-2 Damages
Mathdoc and/or the Establishments shall not be held liable for any damage and/or loss arising from the interpretation or use of the information and/or documents available on the Mersenne Website or on the Publication Websites.
Mathdoc and/or the Establishments shall not be held liable in the following cases :
— contamination by virus of the User’s data and/or computer systems;
— fraudulent use of Mathdoc’s means of dissemination ;
— intrusion into Mathdoc’s computer systems and theft of data that might result from it.
However, Mathdoc undertakes to use its best endeavors to prevent any illicit intrusion.
7-3 Content
Mathdoc and/or the Establishments shall not be held liable for the contents of the Publication (texts, illustrations, videos, data, code) as well as for the contents posted online by the Publisher on the Publication Website and on the Instance of the journal management software. The User is solely liable for any content that he posts online using the Instance of the journal management software.
The User is informed that the Publishers are solely liable for ensuring respect of the authors’ intellectual property rights over the content published online on the Mersenne Website or the Publication Websites.
Mathdoc and the Establishments shall not be held liable for any inaccuracy or failure to update the information published on the Mersenne Website, so far as it does not produce this information.
Mathdoc reserves the right to withdraw any content that might violate applicable laws and/or the User’s TCU.
Should the User have knowledge or information regarding the existence of illicit or inadequate content within the website, he/she can contact Mathdoc :
Mailing address : Cellule Mathdoc – CS 40700 – 38058 Grenoble Cedex 9
Email address: : contact-mersenne(@)listes.mathdoc.fr
so that Mathdoc can take should take any action it or the Establishments deem appropriate.
7-4 Hypertext links
The Mersenne Website can contain hyperlinks to external websites or sources belonging to third-parties. Mathdoc and/or the Establishments shall not be held liable for the terms and conditions to access such external websites or sources, nor for the content, links, advertising, products, services or other materials made available by or through such websites or sources, nor for the use of such external websites or sources.
8- RETENTION OF IDENTIFICATION DATA
Under the French Decree No. 2011-219 of 25 February 2011, Mathdoc, as a web host, is required .
to retain the identification data of any person posting content online.
Mathdoc may be required to disclose this identification data as a result of a court decision
or a justified request from the police forces.
Mathdoc and/or the Establishments shall not be held liable in this respect.
9- PERSONAL DATA PROTECTION
Mathodoc via the Centre Mersenne implements measures to guarantee an optimum personal data protection and a minimal personal data collection, in accordance with the French data protection and freedom of information law (loi n°78-17 du 6 janvier 1978 dite “Informatique et Libertés”) and the General Data Protection Regulation 2016/679, the lattest entered into force on May 25, 2018.
The centre Mersenne’s privacy policy as well as any relevant information on personal data processing and conservation by the centre Mersenne are available on the Mersenne Website under the following link : https://www.centre-mersenne.org/en/privacy/
In accordance with applicable laws and regulations, personal data processing by the centre Mersenne has been declared to the Commission Nationale de l’Informatique et des Libertés (National Commission on Informatics and Liberty – CNIL).
In accordance with the French data protection and freedom of information law mentioned hereof, the User has a right to access, to rectify, to portability , and to delete any of his personal data that might appear on this website and/or be processed by Mathdoc via the Centre Mersenne. The User also has a right to oppose to such personal data process ; to ask for limitation to such process ; to withdraw his consent to such process , and to ask, if applicable, for his account to be deleted.
To exercise such rights or for any further information, the User can send an e-mail to the centre Mersenne at the following address: contact–mersenne@listes.mathdoc.fr.
10- INVALIDITY OF A PROVISION OF THE USER’S TCU
The nullity, illegality or inapplicability of one or more of the provisions of the User’s TCU
shall not affect the validity, legality or applicability of all other provisions.
11- APPLICABLE LAW AND DISPUTE
11-1 Applicable Law and language of the User’s TCU
The User’ TCU are subject to French laws and regulations.
The language of the TCU is French. In the event of a dispute, contradiction or doubt between the English and French version, the French version shall be the only authoritative text.
11-2 Disputes
In the event of any difficulty concerning the interpretation or performance of this contract, the User and the Mathdoc establishments will endeavour to settle their dispute out of court.
Should the User and the Establishments fail to settle their dispute out of court, any difficulty that may arise between the parties out of or in connection with the negotiation, construction, performance, non-performance or termination of this contract shall be referred to the French courts having jurisdiction.
This provision shall apply even in the event of summary proceedings, multiple defendants or introduction of third parties.
12- SUSPENSION – TERMINATION
Users hereby agree to use the Mersenne Website, the Publication Websites and their account on the journal management software in accordance with the use defined in the Foreword. He/she also undertakes to comply with the User’s TCU.
Should the User fail to comply with the obligations contained in the User’s TCU, Mathdoc and the Establishments reserve the right to take legal action. If applicable, Mathdoc can, at its entire discretion, immediately and without any prior notice, suspend access to the User’s account on the journal management software.