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Institutional Terms and Conditions

Guidelines for Institutional Online Access

These guidelines relate to our products The Bone & Joint Journal (formerly known as JBJS (Br)), Bone & Joint360  and Bone & Joint Research.

Published by the British Editorial Society of Bone & Joint Surgery, herein reffered to as 'BES Bone & Joint Surgery'.

For the purposes of this page:

  • Internet Access is defined as the viewing and use of subscribed BES Bone & Joint Surgery content online via the World Wide Web.
  • An institution includes all parts of a single organisation according to the definitions in our tier list.
  • Authorised users are persons with a current, authenticated affiliation to the subscribing Institution. This includes full- and part-time students and employees (including faculty, staff, affiliated researchers and independent contractors), plus other individuals who have permission to use the public computers on the subscribing institution's campus.

Upon receipt of the institutions order and the subscription fee, BES Bone & Joint Surgery will issue a subscriber number for use in activating online access. By purchasing a subscription, institutional subscribers agree to the terms laid out below.

Institutional subscribers agree to the following terms and conditions:

SUBSCRIPTION ACCESS: An online subscription permits unlimited simultaneous Internet Access to complete journal content by authorised users for the entire subscription term. Secure proxy access from off campus locations is allowed.

COPYRIGHT: BES Bone & Joint Surgery holds the copyright on all materials published in The Bone & Joint Journal and Bone & Joint360, whether in print or electronic form, both as a compilation and as individual articles. All journal content is subject to "fair use" provisions.

AUTHORISED USE: Authorised users are permitted to reproduce or disseminate journal content within the parameters of applicable copyright law. The following uses are specifically authorised:

  • Downloading: downloading, printing, or saving of journal content for the purposes of research, teaching, and/or private study by authorised users is permissible. Systematic downloading (by robots or other automatic processes) is prohibited without explicit approval
  • Interlibrary Loan: institutional subscribers may fulfill interlibrary loan requests from other institutions via fax or paper document delivery under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines. Redistribution of journal content to non-authorised users in electronic or digital form is prohibited without prior approval
  • Accessibility: institutional subscribers may transcribe any portion of journal content into Braille script, enlarged type or other appropriate version in order to allow authorised users with disabilities to access journals
  • Course Packs: institutional subscribers may use a reasonable portion of journal content, in printed or digital format, in the preparation of course packs or other educational materials for authorised users
  • Reprints: For permission to reprint or copy journal content beyond that permitted here please email our reprints department.

RESTRICTIONS:

  • Non-authorised users: except as specifically provided elsewhere in these guidelines, Institutional subscribers are prohibited from making agreements for access to journal content with individuals, organisations, vendors, affiliates, or partners, who are not authorised users
  • Commercial redistribution: No direct commercial re-use (e.g. downloading, posting of a file, or printing to sell or distribute to any non-authorised user) of any Journal content is permitted without prior, express written permission of The British Editorial Society of Bone & Joint Surgery. Permission is granted, however, to provide a limited amount of print or electronic journal content for purposes of regulatory approval, patent and/or trademark applications or other legal or regulatory purposes
  • Removal of copyright notice: institutional subscribers agree not to remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use
  • Modification: institutional subscribers shall not modify or create a derivative work of any journal content without the prior written permission of the publisher.

AUTHENTICATION:

  • Institutional subscribers will make reasonable efforts to create and maintain appropriate security measures to ensure that only authorised users can access subscribed journal content online
  • IP addresses: institutional subscribers affirm that all Internet Protocol ("IP") addresses provided for use of online journals are controlled by the institution exclusively for internet access by authorised users
  • Abuse: if institutional subscribers become aware of unauthorised access to journals, they will notify BES Bone & Joint Surgery immediately and cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, BES Bone & Joint Surgery have the right to withhold, suspend, or terminate access to any or all journal content, without liability.

ARCHIVING:

  • BES Bone & Joint Surgery acknowledge that institutional subscribers may participate in the LOCKSS system for archiving digitised publications. To benefit from this support, institutional subscribers must install a LOCKSS cache at their Institution. For further information please visit the HighWire page here. The institutional subscriber may perpetually use the LOCKSS system to archive and restore journal content, so long as the institutional subscriber's use is otherwise consistent with these guidelines. BES Bone & Joint Surgery further acknowledges and agree that, in using the LOCKSS system, journal content may be made available to other LOCKSS system participants who indicate a right to the subscribed journal content.
  • We also paticipate in 'Portico digital preservation and electronic archiving'.

TECHNICAL ACCESS:

  • BES Bone & Joint Surgery intends for its websites to be available 24 hours per day, 7 days per week. However, we WILL NOT BE LIABLE FOR DAMAGES OR REFUNDS SHOULD A SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO A SITE BECOMES SLOW OR INCOMPLETE due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make Journal content inaccessible to institutional subscribers. BES Bone & Joint Surgery will make reasonable efforts to notify institutional subscribers of any unusually extended interruptions and will attempt to restore access to sites as soon as possible.

WARRANTY:

  • BES Bone & Joint Surgery have obtained any and all necessary permissions to license journal content, and that use of such content by authorised users in accordance with these guidelines shall not infringe the copyright of any third party. While they seek to ensure the accuracy of content posted online, BES Bone & Joint Surgery DOES NOT WARRANT OR GUARANTEE ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Neither BES Bone & Joint Surgery nor institutional subscribers shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the journal content

SEVERABILITY:

  • If any portion of these guidelines turn out to be invalid, illegal, under dispute, unenforceable or in conflict with the law of any jurisdiction, the rest of the provisions shall remain applicable.

DISPUTES:

  • In the event of any dispute or controversy arising out of or relating to these guidelines, BES Bone & Joint Surgery and institutional subscribers agree to exercise their best efforts to resolve the dispute as soon as possible. Any dispute that cannot be resolved by mutual agreement shall be subject to mediation or binding arbitration subject to the jurisdiction nearest to the publisher's headquarters. Both parties shall, without delay, continue to perform their respective obligations that are not affected by the dispute. In no event shall a dispute arising under the terms of these guidelines, between a participating publisher and an institutional subscriber, subject any other participating publisher to joint and several liability or shared legal responsibility of any kind.