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“Mistakes are the portals of discovery” - James Joyce

Policies and Guidelines

Open access fee

Data Journal is an open access journal. All published articles will be permanently free of all restrictions on access. To provide this open access, Data has a unique publication fee of 200€ / article.

In 2016, the first 5 publications are free for all laboratories worldwide.

Copyright

All articles and data published in Data are under the Creative Commons Attribution (CC BY) license that allows to copy, distribute or reuse these articles/data, provided the author and original source are properly cited. No permission is required from the authors or the publishers.

Article structure

Negative, null or inconclusive (NNI) results are particular results for which the standard article format, focused on the implication of positive results, is not appropriate. The core question should be about how these results were obtained. Thus, we propose an innovative format, in five sections, to best present NNI results and extract the essence of thinking processes:

In a nutshell:

Presentation of the study in 50 words.

Context of the study:

This section should be divided in two paragraphs. The first paragraph will present the adequate background for a proper understanding of the significance of the objectives. The second paragraph will feature the objectives of the work. This section should not exceed 200 words.

Materials and Methods:

This section is the core of articles published in Data. We ask authors to describe with high precision all used protocols and materials. The authors are encouraged to use tables for a clear presentation. For instance, when a protocol has been tested several times by varying some parameters (e.g. concentration of chemicals, incubation time, etc.), the authors may use a table highlighting these variations. For mathematical studies, the authors should also describe attempts in details. Authors are not limited in term of words.

Data:

Some NNI results can hide precious hints or show tendencies that are barely visible. This kind of information can possibly guide intuition and can be of first importance. The authors should use this section to present NNI results in figures.  Each figure will be supplied with a short description. The corresponding raw data will be presented in a separate excel file, with one spreadsheet per figure. This feature will allow the community to manipulate data in a new way. For mathematical works, the authors should resume the last step(s) where the demonstration was stopped for each attempt and write a short paragraph describing the main idea behind each attempt.

Reflections:

This section should expose the author’s reflection process around the presented methodology(ies) and result(s) as well as the middle/long term interest of the question(s) they raised. This section should not exceed 400 words.

File size

Files should not exceed 3 MB. If this is inevitable, the authors are asked to split their paper in several parts (e.g. Titleofyourarticle part 1: subtitle, Titleofyourarticle part 2: subtitle).

Concerning the file with the raw data, if this limit is reached, the authors can split it in several parts.

Language

We ask authors to write their article in good English (either American or British English, but not a mixture of these).

Submission pack

Authors will find the templates for the manuscript and the authorship, conflicts of interest, ethics, proof of peer review evaluation statements in the following file:


Submission_Pack.docx (184 downloads)
 
Submission_Pack.pages (192 downloads)

For authors working with Latex files, we ask them to follow our manuscript template (name of the sections, font sizes, title of the manuscript in the header, etc.) without taking into account the logo and the sidebar found on the first page and to submit both latex and pdf version of their article. The logo and the sidebar will be added by our team after acceptance.

Publication process

Since NNI results act as supports of new reflections, the standard peer review process appears not necessary. We propose that authors designate at least two reviewers who will assess the overall coherence of the approach. However, to avoid any abuse (publish nonsenses because it’s NNI results), reviewers will sign a proof of peer review evaluation (see Submission pack section) and their contribution to the reviewing process will be stated on the paper. We require that at least one of the author or reviewer assesses the English quality of the article (in no case we ask reviewers to improve it). A third reviewer may be designated to only check the English quality.

We ask authors to submit simultaneously the files relative to their work and the corresponding proofs of reviewing. Any article submitted without proofs of reviewing will not be considered.

After the submission, the editorial board will check the absence of fraud concerning the proofs of reviewing, the validity of information provided within the article (author names and affiliations, email address, etc.) and the respect of the manuscript template. If everything is good, the authors will receive a proof of the editorial acceptance. Otherwise, authors will receive a proof of the editorial rejection.

After acceptance, a final version of the article will be sent to the authors. To confirm the final version,  the authors will provide an authorship statement. Then, the article will be accessible on Data under the Creative Commons Attribution (CC BY) license.

Conflicts of interest

We require that all authors, reviewers and other parties involved in a publication disclose any present or potential conflicts of interest of any kind (financial, personal or any other relationships with other people or organizations) that could potentially be perceived as influencing the described research by filling the Conflicts of Interest statement (see Submission pack section) developed by the ICMJE.

Ethics in research

For all works involving studies conducted on human subjects (or human tissues), animals (or animal tissues), or whenever studies (field studies, etc.) that require the approval of an Institutional Review Board or equivalent ethics committee(s), we ask authors to fill an Ethics statement (see Submission pack section) and dedicate a part of their Materials and Methods section to present full information regarding their approval.

Indexing

Our team is working hard so that Data Journal content be indexed widely by services including but not limited to those listed below:

  • Pubmed
  • MEDLINE
  • Scopus
  • Web of Science
  • Google Scholar

Terms of use

Welcome to data-journal.science, operated by Data Journal, located at 4 rue des Loges, 57000, Metz, France (“Data Journal,” “we,” or “our”).

By using the data-journal.science website (the “Website”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Data Journal (“Member”). If you wish to become a Member and/or make use of the Data Journal service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Data Journal Privacy Policy, do not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Electronic Agreement. This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Data Journal at any time, effective upon posting on the Websites. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Data Journal’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.

2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

3. Eligibility. You must be at least thirteen (13) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

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Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Data Journal, which may be revoked at any time, for any reason, in Data Journal’s sole discretion.

5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Data Journal of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Data Journal will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Data Journal account.

6. Your Use of the Service

a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Data Journal.
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f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
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h. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
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o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Data Journal; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Data Journal’s servers, system or network or attempt to breach Data Journal’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Data Journal’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Data Journal under these Terms of Use, Data Journal reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
p. If you elect to submit Content to us for publication, you acknowledge and agree to the following:
• Only an author of the Content may submit said Content for publication;
• The Content must be an article with NNI results (negative, null or inconclusive results);
• The Content must have been reviewed by at least one scientist in a corresponding field;
• You may not submit Content that has been published in, or submitted to, another publication; and
• After submitting Content to Data Journal, you may not submit the same Content to another publication until Data Journal has finished its review of the Content.

You agree to comply with the above conditions, and acknowledge and agree that Data Journal has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

7. You Bear Risk of Upload. Data Journal uses reasonable security measures in order to attempt to protect any content or information that you upload (“Your Content”). However, Data Journal cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Data Journal be liable for any copying or usage of Your Content not authorized by Data Journal. You hereby release and forever waive any claims you may have against Data Journal for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY DATA JOURNAL HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

You agree and acknowledge that you have the ability to upload sensitive information to the Service, including without limitation bank account and tax information (collectively, the “Sensitive Information”). You acknowledge that by uploading Sensitive Information, there is an inherent risk that such information may become compromised. You agree to take reasonable precautions to protect your Sensitive Information, and agree to notify Data Journal immediately if you believe that Sensitive Information has been compromised.

8. Membership and Subscription; Pricing. You may become a free Member of the Service at no cost. As a free Member, you will be able to use the Service and submit Content for publication. If Content that you submit is accepted for publication, you will be responsible for paying the fees described in Section 9 of this Agreement. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.

9. Subscriptions; Charges on Your Account. If Your Content is accepted for publication, you will be responsible for paying the “Publication Fee.” Data Journal will send you a secure email containing a payment link. The payment will be processed via Payplug. We urge you to read Payplug’s Terms of Use and Privacy Policy before submitting a payment via the link. By submitting a payment via the link, you agree to pay Data Journal all charges detailed in the email containing the link, and you authorize Data Journal to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Data Journal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

10. Modifications to Service. Data Journal reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Data Journal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Blocking of IP Addresses. In order to protect the integrity of the Services, Data Journal reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.

12. Term. This Terms of Use will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any time by visiting your Dashboard on Data Journal. If you resign or cancel your membership and/or subscription to Data Journal, to help Data Journal analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. If Data Journal terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.

Data Journal may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Data Journal. If Data Journal terminates your membership in the Service because you have breached this Terms of Use, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Data Journal. Data Journal is not required to provide you notice prior to terminating your membership and/or subscription. Data Journal is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

13. Third Party Content. Data Journal may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Data Journal does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Data Journal does not create Third-Party Content, nor does Data Journal update or monitor it. Data Journal is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Data Journal users (collectively, the “Reference Sites”). Data Journal does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

14. Intellectual Property. Data Journal, the Data Journal logos and any other product or service name or slogan contained in the Service are trademarks of Data Journal or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Data Journal or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Data Journal may provide you from time to time.
You may not use any metatags or any other hidden text utilizing “Data Journal” or any other name, trademark or product or service name of Data Journal without our prior written permission. In addition, the look and feel of the Data Journal Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Data Journal and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by Data Journal. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Data Journal’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by French copyright (Article L.111-1 and L.123-1 and any other article of the French code of intellectual property), trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

Data Journal reserves all rights not expressly granted in these Terms of Use.

Unless otherwise expressly stated in writing by Data Journal, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Service for your personal or internal business use only.

This license is subject to these Terms of Use and does not include any of the following:

a. any resale or commercial use of the Service or the Materials;
b. the distribution, public performance or public display of any Materials;
c. modifying or otherwise making any derivative uses of the Service or the Materials, or any portion of them;
d. use of any data mining, robots or similar data gathering or extraction methods;
e. downloading (except page caching) of any portion of the Service, the Materials or any information contained in them, except as expressly permitted on the Service; or
f. any use of the Service or the Materials except for their intended purposes. Any use of the Service or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of Data Journal, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated in accordance with these Terms of Use.

Data Journal does not claim ownership of Your Content. However, with respect to Your Content, you grant Data Journal a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Data Journal removes Your Content from the Service.
You acknowledge and agree that, in accordance with Sections 18 and 19 of this Agreement, Data Journal disclaims any and all liability arising from your violation of a third party’s intellectual property rights (“Third Party IP Rights”). In the event that Your Content is found to infringe on Third Party IP Rights, Your Content will be removed from the Website in accordance with Section 16 of this Agreement. You will not be entitled to a refund for any fees paid to Data Journal if Your Content is removed for infringing or allegedly infringing Third Party IP Rights.

15. Your Content; Open Source. You may submit Your Content for publication on the Website. You acknowledge and agree that whether such content is published on the Website shall be at Data Journal’s sole discretion.

You further acknowledge and agree that, should Your Content be selected for publication on the Website, such content shall be offered to the public free of charge under a Creative Commons license. You agree to take all actions required, including executing any licensing agreements and/or other paperwork, necessary to license Your Content.

16. Copyright Policy. Data Journal prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Article L.111-1 and L.123-1, French code of intellectual property or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

4 rue des Loges, 57000, Metz, France

When contacting us, please make sure that you include the following information:

a. a statement that you have identified Content on Data Journal that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the Data Journal URL(s) where such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Data Journal user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

In addition, if you wish for your notice to be considered as a notice pursuant to the French code of intellectual property, please also include the following:

g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).

Data Journal will process any notice of alleged infringement which it receives and will take appropriate action as required by the French code of intellectual property or other applicable copyright law. French law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at contact@data-journal.science or 4 rue des loges, Metz, 57000, France. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at contact@data-journal.science or 4 rue des loges, Metz, 57000, France.

17. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Data Journal has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by Data Journal to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by Data Journal of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Data Journal may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Data Journal accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

18. Limitation of Liability. In no event shall Data Journal be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Data Journal or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Data Journal makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DATA JOURNAL, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF DATA JOURNAL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DATA JOURNAL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DATA JOURNAL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Data Journal and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Data Journal during the six months prior to notice to Data Journal of the dispute for which the remedy is sought.

19. Indemnity by You. You agree to indemnify and hold Data Journal, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

a. your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Data Journal.

20. Attorney Fees. In the event that Data Journal is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for Data Journal’s attorneys’ fees and costs.

21. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE DATA JOURNAL THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

22. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy, located at http://www.data-journal.science/policies-and-guidelines/.

23. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of France without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of France, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside France with the same force and effect as if such service had been made within France. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

24. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of France. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of France.

25. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

26. Availability Outside France. If you access Data Journal from outside of France, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of France, you acknowledge that any personal information you provide will be processed in France and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

27. Entire Agreement.

This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and Data Journal regarding the use of the Websites and/or the Service.

28. Severability; Waiver. If any provision of this Terms of Use 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 of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Data Journal’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Data Journal’s ability to enforce such term at any point in the future.

29. Headings. The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.
Please contact us with any questions regarding this agreement. Data Journal is a trademark of Data Journal.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Privacy Policy

data-journal.science, operated by [Data Journal] (“Data Journal”, “we” or “us”) recognizes the importance of your personal privacy.  Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us.  The Privacy Policy below discloses our practices regarding information collection and usage for the web sites located at Data Journal and/or any Mobile Websites (collectively, the “Service”).

By using or accessing the Service or participating in our services, you signify your agreement to be bound by our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The information we collect and why we collect it;
  • How we use that information;
  • How we share information; and
  • The choices we offer.

Personally Identifiable Information That We Collect:

We do not collect personally identifiable information from you unless you voluntarily provide it to us. You may be required to submit certain personally identifiable information when you register on the Service. The personally identifiable information which you may provide to us could include, without limitation:

  • Your name;
  • Your contact information (including address, email address and phone number);
  • Payment information; and
  • Other personally identifiable information.

Non-Personal Or Aggregate Information That We Collect:

When you access our Service or use the Data Journal services, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular location) in a manner which does not identify any one individual.   We may also aggregate information collected offline in connection with the Service or use of our services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information.  While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists.  If you believe that we have inadvertently collected your personal information, please notify us at contact@data-journal.science.

  

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

  • We may share your personally identifiable information collected in connection with providing the Service.
  • We may use your personally identifiable information to respond to your inquires or requests.
  • We may use your personally identifiable information to send you emails from time to time about our services,but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.
  • We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
  • We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us. For example, but without limitation, we may share your information with our payment processor, as necessary for processing your purchases made online via the Service.We urge you to read the privacy practices of our payment processor, as well as those of any other third parties, before submitting any personal information through the Service.
  • We may disclose personally identifiable information as required by law or legal process.
  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
  • We may transfer your personally identifiable information in connection with the sale or merger or change of control of Data Journal or the division responsible for the services with which your personally identifiable information is associated.
  • We may share your personally identifiable information with an affiliate of Data Journal who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

Non- personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes.  We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service.  We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below.  In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service.  You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

 

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access.  However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service and Data Journal services demonstrates your assumption of this risk.  We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions.  We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

If you choose to connect with a social networking service, such as Facebook, we may share information with that service, and that service may share information about you with us.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 18.  If at any time in the future we plan to collect personally identifiable information from children under 18, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA.  When we become aware that personally identifiable information from a child under 18 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites.  When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses.  Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

 

Opt-Out Process:

All unsubscribe or opt-out requests should be sent to us at contact@data-journal.science and we will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.  You should contact such third parties directly. If you would like to update or correct any personally identifiable information that you have provided to us, please email us at contact@data-journal.science and once we confirm your information, we will update such information within a reasonable amount of time.

Communications with Data Journal:

By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Data Journal.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.  Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Service Terms and Conditions:

Use of this Service is governed by, and subject to, the Terms and Conditions located at http://www.data-journal.science/policies-and-guidelines/. This Privacy Policy is incorporated into such terms.  Your use, or access, of the Service constitutes your agreement to be bound by these provisions.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

France:

Our servers are maintained in France  By using the Service or participating in Data Journal services, you freely and specifically give us your consent to export your personally identifiable information France and to store and use it in France as specified in this Privacy Policy.  You understand that data stored in France may be subject to lawful requests by the courts or law enforcement authorities in France.

Governing Law:  

This Privacy Policy and our legal obligations hereunder are subject to the laws of France, regardless of your location.  You hereby consent to the exclusive jurisdiction of and venue in France in all disputes arising out of or relating to the Services.

Contact:

For questions or concerns relating to privacy, we can be contacted at: contact@data-journal.science.

Effective Date:

This Privacy Policy was last updated on December 7, 2015.