IOPscience express: Terms and conditions
This document sets out the terms and conditions on which IOP Publishing Limited ("IOP") will allow you to have access to IOPscience express (the "Service"). Please read these terms and conditions carefully. By accessing the Service, you will be deemed to have read and agreed to be bound by them all. These terms and conditions were last updated on 1 October 2010.
Scope of licence
IOP permits you to access the Service via your iPhone. Any user details must not be divulged to any person nor used to facilitate any other person getting access to the Service in any way. IOP reserves the right to deny you access to the Service if it believes that other people are accessing the Service through your user details. The list of journals which are included as part of the Service are listed at the end of these terms and conditions.
Permitted use
You may access, download, store and search articles as part of the Service. The content available will be for the current calendar year and the last two calendar years. Each calendar month, you will be limited to 20 free downloads only. If you reinstall and/or update the Service and/or download a new application of the Service at any time then you will lose any previously downloaded articles.
No text accessed via the Service may be made available by you to any third parties, either for commercial reward or free of charge, except that the Service does allow you to e-mail a link to an article to a third party. That third party shall only be able to download the entire article from the e-mail if they actually subscribe to the relevant journal. Articles are only available as part of the Service. You will not be able to copy any of the articles to another device.
Access to the Service is granted to you solely for private study or research for a non-commercial purpose. You may also make brief quotations from the content of journals, with the customary acknowledgement of the source, and copy and transmit content from individual online articles in "person-to-person" and non-systematic scholarly exchanges of information.
You may only use this Service in a way that does not breach the laws of the country in which you are accessing it.
Prohibitions
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, supplying, publishing or republishing (beyond the brief quotations permitted above) of any journal text, output, search results or other information from any part of the Service, including, without limitation, copyright, proprietary or other legal notices, in any form or medium is prohibited. Downloading an entire issue of a journal, systematic downloading, service bureau redistribution services, printing for a for-fee-service purpose, document delivery services and/or the systematic making of print or electronic copies for transmission to third parties (beyond that permitted above) are prohibited.
Duration
This agreement between IOP and you set out in these terms and conditions shall become effective on acceptance by IOP. Access to the Service shall terminate immediately if you breach these terms and conditions or IOP has cause to determine that such breach is imminent.
Copyright
IOP's journals and their content, including abstracts, provided as part of the Service are either owned by IOP or IOP has the right to make them available and are subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of England and other countries. You shall claim no ownership by reason of your use of or access to the Service. ALL RIGHTS RESERVED.
Withdrawal of the journals
IOP reserves the right at any time to withdraw any of the journal(s) (or part) from the Service if it no longer retains the right to publish or ceases, for whatever reason, to publish or to distribute such journal(s) or if, in its sole discretion, it believes that such journal(s) contains any material which infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Availability of the service
IOP will use its reasonable endeavours to make the Service available on a 24 hour basis, subject to IOP's right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused by circumstances beyond IOP's reasonable control including, but not limited to, downtime relating to telecommunications lines or any Internet nodes or facilities. If access is suspended or interrupted, or fault or defect occurs which prevents access, IOP's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. IOP shall have no other liability in this respect. IOP shall not be liable for any delay, downtime, transmission error, software or equipment incompatibility, force majeure or any failure of performance beyond its reasonable control.
IOP reserves the right to suspend access to the Service on detecting a breach of these terms and conditions.
Disclaimer of warranties
IOP WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENCES IN THIS AGREEMENT. IOP WILL TAKE REASONABLE CARE TO ENSURE THAT ITS JOURNALS ARE COMPLETE, ACCURATE AND ERROR FREE BUT IOP DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT WARRANT THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY YOUR REQUIREMENTS.
OTHER THAN AS SET OUT ABOVE, IOP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF IOP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE, EXCEED ANY AMOUNT YOU MAY PAY IOP FOR THE SERVICE DURING THE CALENDAR YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF IOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES AND AS FAR AS THE LAW ALLOWS. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF ACTION AROSE.
YOU ASSUME SOLE RESPONSIBILITY FOR ALL YOUR USE OF THE SERVICE AND SHALL INDEMNIFY AND AGREE TO HOLD IOP INDEMNIFIED FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM SUCH USE.
IOP USES ITS REASONABLE ENDEAVOURS TO INCLUDE ALL RESEARCH MATERIAL FORMING PART OF THE SERVICE BUT DUE TO THE AGE, RARITY AND UNAVAILABILITY OF CERTAIN MATERIAL, IOP ACCEPTS NO RESPONSIBILITY FOR THE COMPLETENESS OF THE JOURNALS AND MAKES NO REPRESENTATION OR WARRANTY IN THIS REGARD.
IOP CONDUCTS REASONABLE QUALITY CHECKING AS PART OF THE PRODUCTION PROCESS OF THE SERVICE. THIS CHECKING ENCOMPASSES ACCURACY AND COMPLETENESS. NO CHECKING ABOVE AND BEYOND THE CHECKING WHICH FORMS PART OF THE PRODUCTION PROCESS HAS BEEN CARRIED OUT. CONSEQUENTLY IOP ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE JOURNALS AND MAKES NO WARRANTY OR REPRESENTATION IN THIS REGARD.
General
This agreement and access to the Service may not be assigned or transferred by you to any other institution, organization or person.
Failure to enforce any provision on any one occasion shall not affect IOP’s right to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between IOP and you for the Service which is in force on the date that this agreement comes into force, constitutes the entire agreement between us relating to the Service and supersedes any prior communication between us with respect to the Service. This is not intended to exclude any liability that either party may have for fraud. Where there is any conflict between this agreement and any other existing agreement between us relating to the Service then the latter shall prevail.
You confirm that IOP shall be entitled to contact you for the purposes of keeping you updated with information about the Service and for promoting other goods and services of IOP and its group companies from time to time.
This agreement will be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the English Courts. You shall not be bound by this paragraph to the extent that compliance would violate any existing law, regulation, by-laws or articles of incorporation or other governing instrument.
Journals
Journal of Physics A: Mathematical and TheoreticalJournal of Physics B: Atomic, Molecular and Optical Physics
Journal of Physics: Condensed Matter
Journal of Physics D: Applied Physics
Journal of Physics G: Nuclear and Particle Physics
Journal of Physics: Conference Series
The Astronomical Journal
The Astrophysical Journal
The Astrophysical Journal Letters
The Astrophysical Journal Supplement Series
Biofabrication
Bioinspiration & Biomimetics
Biomedical Materials
Classical and Quantum Gravity
Computational Science & Discovery
Environmental Research Letters
IOP Conference Series: Earth and Environmental Science
IOP Conference Series: Materials Science and Engineering
Inverse Problems
Izvestiya: Mathematics
Journal of Breath Research
Journal of Micromechanics and Microengineering
Journal of Neural Engineering
Journal of Optics
Measurement Science and Technology
Modelling and Simulation in Materials Science and Engineering
Nanotechnology
New Journal of Physics
Nuclear Fusion
Physical Biology
Physics Education
Physics in Medicine & Biology
Physics-Uspekhi
Physiological Measurement
Plasma Physics and Controlled Fusion
Plasma Sources Science and Technology
Quantum Electronics
Reports on Progress in Physics
Russian Chemical Reviews
Russian Mathematical Surveys
Sbornik: Mathematics
Science and Technology of Advanced Materials
Semiconductor Science and Technology
Smart Materials and Structures
Superconductor Science and Technology