1. Welcome to Yewno.
Yewno, Inc. (“Yewno”) is an inference and analytics software as a service platform in the field of knowledge discovery; Yewno is the starting point that delivers infinite knowledge potential by displaying paths of information for you to navigate on your research journey. By using Yewno, you agree to these Terms and Conditions of Use, which may be subject to an agreement entered into between Yewno and a user’s affiliated institution, such as a user’s university (“Master Service Agreement”).
2. Authorized Users.
Access to Yewno and Content available on Yewno is available for its “Authorized Users”. Authorized Users shall mean:
(a) individuals who are affiliated with a Customer, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, government agency, research center or corporate and for-profit organization) that maintains a valid Master Service Agreement with Yewno, including (i) full-time and part-time students, regardless of their physical location; (ii) full-time and part-time employees (including faculty, staff, affiliate researchers, and independent contractors), regardless of their physical location; (iii) other individuals who have been supplied user identifications and passwords by Customer; or (iv) patrons not affiliated with Customer, but who are physically present on Customer’s premise(s); and (b) other users who are accessing Yewno directly on the www.Yewno.com website.
3. Accounts and Registration
To access some features of the service, you may be asked to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at Support@yewno.com
4. The Content.
“Content” means certain third-party content available (in whole or in part) on or through Yewno. Except as stated in the applicable valid license agreements between Yewno and content providers, content providers remain the owners of all intellectual property rights and other rights in the Content.
5. Permitted Uses of the Content.
Authorized Users may search, view, display, download, print, perform and distribute the Content for the following Permitted Uses, provided that the Permitted Uses shall all be for the Authorized Users’ personal or academic use, provided that they abide by the restrictions found in Section 4 and Section 5 and elsewhere in these Terms and Conditions of Use and provided that Authorized Users do not violate applicable law while using the Content:
(a) Academic and Educational Purposes, including using and displaying reasonable portions of the Content made available through Yewno solely for educational and academic purposes including classroom or organizational instruction and related classroom or organizational activities, student assignments, as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field.
(b) Digital and Print Copies. Authorized Users may download or create printouts of a reasonable portion of the Content made available through Yewno for personal use as allowed under the doctrines of “fair use” and “fair dealing”.
(c) Sharing. On an ad hoc basis, and without commercial gain or in a manner that would substitute for direct access to the Content, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas.
(d) Fair Use / Fair Dealing. Subject to these Terms and Conditions of Use, Authorized Users may use the Content made available through Yewno consistent with the doctrines of “fair use” or “fair dealing” as defined under applicable law.
6. Restriction on Use.
Authorized Users shall not and shall not enable any third party to:
a) Permit access to or use Yewno (including the Content made available through Yewno) by or for the benefit of any party that is not an Authorized User;
b) Translate, reverse engineer, disassemble, decompile, discover, modify Yewno and the underlying technology (including the Content made available through Yewno) or attempt to perform any of the foregoing;
c) Remove any copyright and other proprietary notices placed upon Yewno or any Content retrieved from Yewno;
d) Circumvent any use limitation or protection device contained in or placed upon Yewno or any Content retrieved from Yewno;
e) Perform automated searches on Yewno, including automated “bots,” link checkers or other scripts;
f) Publish, broadcast, sell, use or provide access to Yewno or the Content in any manner that will infringe the copyright or other proprietary rights of Yewno or any third party (including Yewno’s third-party licensors);
g) Access and use Yewno to create products or perform services which compete or interfere with those of Yewno or its third-party licensors;
h) Text mine, data mine or harvest metadata from Yewno;
i) Communicate or redistribute Content made available through Yewno; or
j) Download all or parts of the Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of Yewno, in any form.
7. Responsibilities of Users.
7.1 Access. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided) and may not provide access to Yewno to anyone else.
7.2 Unpermitted Use. Authorized Users shall notify Yewno of any such unpermitted use of which they learn or are notified, including but not limited to a unauthorized use of Yewno, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with Yewno to resolve problems of unpermitted use. In the event of a violation of these Terms and Conditions of Use by an Authorized User, (a) Yewno may suspend or terminate such Authorized User’s access to the Content and to Yewno; and (b) Yewno may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred.
7.3 Posted Material. Where Authorized Users are able to submit material and/or post comments on Yewno, they represent and warrant that they will not upload or otherwise publish through Yewno any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights of any third party; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that any material that they submit or comments that they post may be edited, removed, modified, and/or published by Yewno without notice.
8. Intellectual Property Rights.
8.1 General Intellectual Property Rights. Yewno, its inference and analytics software as a service platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to Yewno and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to Yewno or, as applicable, to the aforementioned entities, subject to the rights of third parties.
8.2 Trademarks. Authorized Users may not use the name or trademarks of Yewno without its prior written approval.
9. Responsibilities of Yewno.
Yewno will use reasonable efforts to provide continuous availability of the Yewno platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of Yewno.
10. Warranty; Disclaimers.
Yewno will not be liable and Authorized Users agree that they will not hold Yewno liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the Yewno platform or the Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Authorized Users’ use of Yewno or Content in violation of these Terms and Conditions of Use. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS AND CONDITIONS OF USE, YEWNO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA OR ACCURACY. YEWNO MAKES NO REPRESENATIONS OR WARRANTIES REGARDING THE CONTENT OR THE MATERIALS OBTAINED THROUGH YEWNO, INCLUDING WITH RESPECT TO THE AVAILABILITY, TIMELINESS, ACCURACY, RELIABILITY, OR COMPLETENESS THEREOF. YEWNO AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT YEWNO WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES.
11. DMCA Notifications.
If you believe that Content available on Yewno violates your copyright or otherwise violates your rights, please send a written notice to Yewno directed to the Office of the General Counsel, 1001 Main St, Redwood City, CA, 94063. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit Yewno to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if Yewno learns of such a claim from another source, Yewno may remove such content pending the resolution of such claim.
11. Withdrawing Content from Yewno.
Yewno may withdraw Content from the Yewno platform for good cause shown. Yewno would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should Yewno be unable to avoid such inconvenience, Yewno in no way will be held liable for the withdrawal of such Content from the Yewno platform.
13. Force Majeure.
Yewno will not be liable for failures or delays in performing its obligations pursuant to these Terms and Conditions of Use arising from any cause beyond their control, due to any cause beyond its reasonable control, including without limitation an act of war, terrorism, act of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, hosting or similar services outages or denial of service other than for such party’s breach, or failure of the Internet.
14.1 These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Master Service Agreement. In the event of any conflict between these Terms and Conditions of Use and the Master Service Agreement applicable to an Authorized User, the Master Service Agreement will prevail.
14.2 These Terms and Conditions of Use will be interpreted and construed according to California law.
14.3 If any provision or provisions of these Terms and Conditions of Use will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use.
14.4 The English language version of agreements with Yewno will be controlling over any other version.
14.5 Yewno reserves the right to modify these Terms and Conditions at any time. The most updated Terms and Conditions of Use will be posted on the Yewno website.
LOOKING FOR MORE DETAILS ON YEWNO AND ACCESSIBILITY?
[Last Updated April 10, 2017]