Terms & Conditions

Terms and Conditions

The following Terms and Conditions of Use dated as of October 2012, govern use by all Users of the American Journal of Safe Patient Handling & Movement, an online service (or any successor thereto) and the electronic edition of the Products purchased by the User or the User's institution (the "Electronic Product(s)"). Please read the following carefully because by using the American Journal of Safe Patient Handling & Movement website you are agreeing to abide by these Terms and Conditions of Use.

Copyright

The entire contents of the Electronic Products, and each article and abstract and other material available through the American Journal of Safe Patient Handling & Movement are protected by copyright (unless otherwise indicated on the title page of the article). As a User, you have certain rights specified below; all other rights are reserved.

Definitions

American Journal of Safe Patient Handling & Movement website - The online service (or any successor thereto) available from Visioning Publishers LLC including all products, services and features offered via the service. Certain products and services under this License may be delivered from other platforms. The terms and conditions hereof are equally applicable to those products and services.

Licensee – The customer which has signed the License granting access to Licensed Electronic Products as applicable.

Authorized Users - Those persons who are authorized by the Licensee to have access to the American Journal of Safe Patient Handling & Movement. Authorized Users must be current bona fide faculty members, students, researchers, staff members, librarians, executives or employees of the Licensee, or contractors engaged by the Licensee, provided such contractors have been informed of, and agree to abide by, the Terms and Conditions of Use set forth herein and they access the American Journal of Safe Patient Handling & Movement via the Licensee’s Secure Network as defined in the License signed by the Licensee as applicable.

Intellectual Property Rights – These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. The Authorized Users acknowledge that the Electronic Products and the American Journal of Safe Patient Handling & Movement and the Intellectual Property Rights contained therein are protected by law. All rights not specifically licensed to the Licensee are expressly reserved by Visioning Publishers LLC.

Electronic Products - All products, services and content available on the American Journal of Safe Patient Handling & Movement website shall be deemed included within the definition of Electronic Products.

Licensed Electronic Products – The electronic (online) PDFs of the journal articles and supplements and other publication and the content therein.

Rules of Use

To make the American Journal of Safe Patient Handling & Movement and the Electronic Product useful, the following rules apply:

Authorized Users will have access to purchased Content from the American Journal of Safe Patient Handling & Movement website for a one time download. Authorized Users may browse all Tables of Content and for all Electronic Products on the website regardless of what Licensed Electronic Products the institution subscribes to and search the entire database of Tables of Content and abstracts. For most publications, Authorized Users may browse the abstracts as well.

Authorized Users at institutions which have subscribed to Electronic Products and Authorized Users who have access under a Society or Personal License will have access to the full text of such Licensed Electronic Products. Authorized Users may download, search, retrieve, display and view, copy and save to hard disk or diskette and store or print out single copies of individual articles or items for their own personal use. In addition, Authorized Users have the right to use, with appropriate credit, excerpts from individual articles in the Electronic Product(s) in their own scientific, scholarly and educational works.

During the registration process, Authorized Users will select and register a user name and password which they must keep confidential and not disclose to or share with anyone else.

Except as provided above, Authorized Users may not copy, distribute, transmit or otherwise reproduce, sell or resell material from Electronic Products (s); store such material in any form or medium in a retrieval system; download and/or store an entire issue of a Electronic Product or its equivalent; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge.

Authorized Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on the American Journal of Safe Patient Handling & Movement website. Authorized Users may not integrate material from the Electronic Product(s) with other material or otherwise create derivative works in any medium. However, brief quotations for purposes of comment, criticism or similar scholarly purposes are not prohibited herein.

Authorized Users may not do anything to restrict or inhibit any other Authorized User's access to or use of the American Journal of Safe Patient Handling & Movement and the Electronic Product(s).

If an Authorized User refuses or fails to abide by these Terms and Conditions or violates any other terms of this Agreement, Visioning Publishers LLC reserves the right in its sole discretion to suspend or terminate their access to the American Journal of Safe Patient Handling & Movement and the Electronic Products immediately without notice, in addition to any other available remedies.

Authorized Users shall not have the right to incorporate any material from the Licensed Electronic Products into any institutional or other repository under any circumstances without Visioning Publishers LLC’s prior written approval.

Additional Terms

Visioning Publishers LLC is not responsible for any charges associated with accessing the American Journal of Safe Patient Handling & Movement and the Electronic Products, including, but not limited to, any computer equipment, telephone or Internet connections and access software.

Visioning Publishers LLC may modify any of these terms and conditions at any time by providing notice on the American Journal of Safe Patient Handling & Movement website. An Authorized User’s continued use of the American Journal of Safe Patient Handling & Movement website shall be conclusively deemed acceptance of such modification.

The American Journal of Safe Patient Handling & Movement may provide links to third-party websites. Where such links exist, Visioning Publishers LLC disclaims all responsibility and liability for the content of such third-party websites. Authorized Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.

Privacy and Data Protection Policy

Visioning Publishers LLC recognizes the importance of protecting the information it collects in the operation of the American Journal of Safe Patient Handling & Movement and will act in compliance with their Privacy Policy.

Additional Services

In addition the American Journal of Safe Patient Handling & Movement may offer additional services, including optional E-mail Alerting Services, which are opted into by registration and may be opted out of at any time. By choosing to take advantage of this and other services offered by the American Journal of Safe Patient Handling & Movement, Authorized Users consent to the use of their information for the purposes of providing these services.

Warranty Limitations

THE AMERICAN JOURNAL OF SAFE PATIENT HANDLING & MOVEMENT AND THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THE USE OF THE ELECTRONIC PRODUCTS AND ALL MATERIALS IS AT THE AUTHORIZED USER'S OWN RISK; ACCESS TO THE AMERICAN JOURNAL OF SAFE PATIENT HANDLING & MOVEMENT AND THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE; AND NEITHER VISIONING PUBLISHERS LLC NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ELECTRONIC PRODUCTS OR THE MATERIALS CONTAINED IN THE AMERICAN JOURNAL OF SAFE PATIENT HANDLING & MOVEMENT, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUTHORIZED USER'S USE OF OR INABILITY TO ACCESS THE AMERICAN JOURNAL OF SAFE PATIENT HANDLING & MOVEMENT, THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN.