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Terms and Conditions of Use

Recital

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, in partnership with UGA Éditions. It is supported by the INSMI (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 ", with funding from the Grenoble IDEX (French funds for supporting excellence in universities).
 

Via its dissemination platform, the Centre Mersenne gives free access to the Users to full texts and PDFs of scientific Publications.


By joining the Centre Mersenne, the User accepts the present general Terms and Conditions of Use and undertakes to comply with them.
 

1- Definitions

  • Mersenne Database: a data structure that organises and stores data in tables, created and processed by Mathdoc within the scope of the centre Mersenne's activity and accessible through electronic means or any other mean that has been produced, verified and displayed by Mathdoc and Establishments.
    The centre Mersenne produces, for each Publisher, deux types of databases:
    - An OJS Database, contained in the OJS software. Each OJS Database is independent and restricted to the Publisher.
    - A Publication Database, contained in the Publication Website and hosted by the Mersenne Website.

  • Publisher: a natural or legal person responsible for the Publication using one or more services offered by the Centre Mersenne. For a natural person, the Chief Editor and/or any natural person legally responsible for the Publication or, when appropriate, whoever is entitled to represent the editorial structure publishing the Publication.

  • Force majeure: unpredictable, irresistible and outside event, beyond the control of Mathdoc and/or Establishments.

  • Mersenne Website: website of the Centre Mersenne www.centre-mersenne.org. It contains information on the Centre Mersenne and hosts the Publication Websites.

  • 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.

  • OJS Account: personal account created by the User, using personal credentials, on the OJS instance of a Publisher, to submit an article.

  • OJS Instance: instance of the Open Journal System (OJS) 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.
    The OJS software, developed by PKP, is an Open-source software. It is
    placed under an open source GNU General Public License.

  • Open access: policy making the Publication and its datas freely available online without any

  • Publication: a set of documents disseminated on the Mersenne Website through the Publication website. The Publication can be a journal, a book, a proceedings series…

  • Publication Website: website of a Publication under a personalised specific domain name (ie. journal.centre-mersenne.org). It is hosted by the Centre Mersenne platform and enables the dissemination of the Publication. It comprises a Private admin area, accessible to the Authenticated Users who can edit the content (in particular the journal description), as well as a public Publisher space on which the Publication is disseminated.

  • User: any person using the Mersenne Website.

 

2- Purpose and scope

The present general terms define:
— 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.

 

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 OJS Instances of a Publication Website.


4- Conditions and accession conditions to the Mersenne Website and Publication Websites

4.1 Accession terms

Access to the Mersenne Website containing bibliographical references of all the articles of all the participating Publications is totally free via the search and browse functions, subject to acceptance of the present General Terms and Conditions of Use.

The present General Terms and Conditions of Use of Use applicable to accession to the Mersenne Website and Publication Websites are those in force on the Website at the time of accession to said websites. They are applicable each time the User accesses the Websites and and for the entire duration of the accession.

Mathdoc reserves the right to modify the Terms and Conditions of Use of the present contract at any time, without any prior notice.

The User is advised to regularly consult the last version of the Terms and Conditions of Use available on the www.centre-mersenne.org..

The Terms and Conditions of Use Publisher apply to the User.

All the content on the Centre Mersenne is published in open access mode via the Mersenne Website and the Publication Websites.

4.2. Submission of articles through an OJS Instance

The User can submit an article to the Publisher of his/her choice.

To submit an article, the User uses the OJS Instance attached to the Publisher of the chosen Publication.

To do so, the User created an account and defines personal credentials (username and password). There is no limitation on the validity of this account.

Each User is solely responsible for the security and confidentiality of his/her personal credentials and of the consequences of their use.

Before submitting, it is the User's responsibility to verify 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 follow-up action regarding the article.
 

5- Intellectual property
 

5-1 Navigation and Metadata

Metadata are available under license CC0. Centre Mersenne’s OAI-PMH server can be used for systematic download of Metadata in various schemas.

5-2 Mersenne Website Databases

Mersenne databases are original works, produced by Establishments and are the full and exclusive property of Establishments.

These Terms and Conditions of Use or the accession contract don't entail any transfer of intellectual property rights of Mersenne Databases to the Publisher.

As a producer of Mersenne Databases, Establishments benefit from the protection of databases under the specific database right provided by Article L. 341-1 of the French Intellectual Property Code.

Consequently, the centre Mersenne forbids the Users the following:
— extraction, by permanent or temporary transfer, of the totality or of 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, of qualitatively or quantitatively substantial parts of the content of the Mersenne Databases,

— extraction or repeated and systematic reuse of qualitatively or quantitatively substantial parts of the content of the Mersenne Databases when these actions do not comply with a 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..., are protected by copyright and belong to Mathdoc and its tutelages (Grenoble Alpes University et CNRS), except for the content created or published online by the Publisher.

Open access and right of use of the Mersenne Website granted to the User do not grant the User any intellectual property right on the content of the Website.

The Mersenne Website in its entirety is protected by 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.
The principle of a short quotation must be complied with, subject to a proper attribution of its origin using a link to the page cited (or, failing that, the homepage) or, in the case of a reproduction on a physical medium, by mentioning the author and the URL of the page mentioned.

Any other reproduction or representation, complete or substantial, of the content of the Mersenne Website by any means whatsoever, shall be subject to authorization.

Any 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 content are published under an open license according to open access principles, permitting any User to read and download them, 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..., are protected by copyright and belong to the Publisher concerned.

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 is dealt between the Publisher of the Publication concerned and the User.

5.5 Trademarks & Logos

The CNRS trademark, mention « Centre National de la Recherche Scientifique » and logo are registered as trademarks with the Patent Office. The User is consequently not allowed to refer to company names or trademarks of the CNRS, for any purpose, without the express prior written authorization of the CNRS.

It is also forbidden to refer to company names or trademarks of Mathdoc and of the Centre Mersenne without the express prior written authorization of the Establishments.
 

6- Implementation of hypertext links

The implementation of hypertext links by third parties towards pages and 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 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.

Mathdoc and Establishments shall not be held liable for any difficulties or temporary impossibility of accessing the Mersenne Website, the Publication Websites and the OJS Instance as a result of external circumstances, in case of Force majeure, or due to disturbances on the network, the complexity of global networks and the surge in uses of the Internet at certain times.

7-2 Damages

Mathdoc and/or Establishments shall not be held liable in the following cases:

— contamination by virus of data and/or computer systems that the Publisher is

responsible for protecting;

— fraudulent use of their means of dissemination;

— intrusion into its computer systems and theft of data that might result from it.

However, Mathdoc undertakes to use its best endeavors to prevent any illicit intrusion.

On no account shall Mathdoc and Establishments be held liable for any consequential loss or unforeseeable

loss caused by these General Terms and Conditions of use.
 

Non-compensable consequential loss means any commercial loss and loss of image, loss of turnover or profits, third-party claims, and losses of data and files.

7-3 Content

Mathdoc and Establishments shall not be held responsible for the contents of the Publication (texts, illustrations, videos, data, code) as well as for the contents currently posted online by the Publisher on the Publication Website and on the OJS Instance.

The User is informed that the Publishers are solely liable for ensuring the enforcement of the authors intellectual property rights of the the content published online on the Mersenne Website or the Publication Websites.

Mathdoc and Establishments shall not be held responsible for any inaccuracy or omission relating to the updating of the information to which Mersenne Website gives access so far as it doesn't not produce this information.

Mathdoc reserves the right to withdraw any content that violate these terms.

Should the User or any third party 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

as for Mathdoc to take should take action, if appropriate.

7-4 Hypertext links

The Mersenne Website can contain hyperlinks to webpages belonging to third-party.

Mathdoc and Establishments shall not be held liable for access to the website, the content, links, advertising, products, services or other materials made available by or through, as well as of the use of such external websites or sources.

 

8- Retention of connection data

Under the Decree No. 2011-219 of 25 February 2011, Mathdoc, in its capacity as 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 Establishments shall not be held liable in this respect.
 

9- Protection of personal data
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

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).

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/spage/privacy/

In accordance with the French data protection and freedom of information law mentioned hereof, the User has a right to access, portability, rectify, delete or limit the processing of its data.

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 Clause of these General Terms and Conditions of use

The nullity, illegality or inapplicability of one or more of the clauses of these General Terms and Conditions of use shall not affect the validity, legality or applicability of all other clauses.

 

11- Applicable Law and Dispute

11.1 Applicable Law and language of the contract

The present contract is subject to all applicable French laws and regulations.

If it is translated into one or more other languages, the French version shall be the only authoritative text in the event of a dispute.

11.2 Dispute

In the event of any difficulty arising out of or in connection with the interpretation or performance of this contract, the User and Establishments shall endeavor to settle their dispute out of court.

In the event that the Publisher and 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 submitted to the French court having jurisdiction.

This clause shall apply even in the event of summary proceedings, multiple defendants or introduction of third parties.
 

12- Suspension - Termination

Users hereby agree to use Mersenne Website, the Publication Websites and their OJS account in accordance with the use defined in Recital. He/she also undertakes to comply with these Terms and Conditions of use.

Should the obligations contained in these Terms and Conditions of Use fail to be respected by the User, Mathdoc and Establishments reserve the right to take legal actions. If applicable, Mathdoc can, at its entire discretion, immediately and without any prior notice, suspend access to the User's OJS account.