GENERAL CONDITIONS FOR AUTHORS
© Copyright 2007-2013 Frontiers Media SA.
All rights reserved.
Definitions and Applicability
The following definitions shall apply in these Conditions:
Article means each research article, opinion article, book review abstract and conference proceedings submitted to Frontiers for publication, as may be amended, adapted and/or modified in any way.
Author means the author, or any or all authors of an Article.
Author Materials means the Article, including any and all text, graphics, images and/or other materials forming part of or accompanying the Article as submitted by or on behalf of the Author to Frontiers.
Fees means any fees or other payments payable by the Author in respect of the review and/or publication of an Article.
Frontiers means Frontiers Media SA, a Swiss corporation.
The Journal means the journal(s) or section(s), published by Frontiers, in which the Article will, if accepted, be published. The Journal may be in any format.
Rules means all Frontiers manuals, operating procedures and other Frontiers Conditions, rules, regulations and documents posted on the Website, as amended from time to time.
Theme Edition means a special themed journal edition, which Frontiers may publish from time to time.
Unacceptable Forum means any journal or other forum promoting racist or extremist views, hatred, intolerance and/or violence.
Website means the Frontiers website (www.frontiersin.org).
These Conditions, together with all Rules, which are incorporated into and form part of these Conditions, constitute the entire agreement between Frontiers and the Author concerning the Article. No other agreement, promise, term or condition applies between the parties concerning the Article unless explicitly and validly accepted by both parties in writing or via click-through on the Website.
Application of these Conditions
By submitting any article or other material to Frontiers for publication, the Author (1) accepts that these Conditions (including the Rules) apply to the exclusion of all other conditions unless specifically accepted in writing by Frontiers, and (2) undertakes to comply with all Rules.
By submitting an article or other material to Frontiers which has been created jointly by two or more co-authors, the person accepting these Conditions by submitting an Article for publication, via click-through or any other method, warrants that (s)he has been empowered to act in the names of any co-authors who do not themselves actively or personally indicate their acceptance of these Conditions.
The Article; Decision to Publish
The decision as to publication of the Article shall be at Frontiers’ entire discretion.
Subject to successful completion of the review process (as applicable) the Article will be published in the relevant Journal. Publication by Frontiers of the Article is subject to timely fulfilment by the Author of all his/her/their obligations under these Conditions (including the Rules).
Unless and until Frontiers notifies the Author that the Article will not be published by Frontiers, the Author undertakes not to submit the Article, or any article substantially reproducing or repeating the themes and arguments of the Article, for publication to any other journal or publisher. This shall not prevent the author from issuing abstracts to conferences or depositing the draft article in a non-commercial, non peer-reviewed preprint archive such as arXiv.org or similar depositaries in accordance with usual academic practice.
The Author shall be liable (jointly and severally where the Author consists of more than one person) to Frontiers for any damage or liability suffered by Frontiers as a result of any unauthorised inclusion of any third-party materials with the Article.
Fees and Payment
The Author agrees to pay any applicable Fees and any other applicable payments in accordance with the Rules or as otherwise communicated by Frontiers.
Frontiers may delay or cancel publication of an Article if payment of the Fee is delayed. Any delay in such circumstances shall not release the Author from the restrictions on dissemination and publication provided for in these conditions. If Frontiers cancels the publication due to breach by the Author of these Conditions or any Rules, the Author shall become liable for full Fees if he/she/they publish(es) or permit(s) publication of any version of the Article which uses or benefits from any improvements or modifications of the Article resulting from the Frontiers review process.
Upon successful finalisation of the review process the Author will be notified that the Article is ready for publication, and any Fees payable at that point shall become payable. If Frontiers, in its discretion, decides to publish the Article prior to payment of all or any part of any applicable Fees, that fact shall not relieve the Author of his/her/their obligation to pay the Fees.
If, following a successful end to the review process, the Author having been notified that the Article is ready for publication and having paid the Publication Fee, Frontiers fails to publish the Article within a reasonable period without providing any objective and reasonable justification, it shall refund the Fee. Such refund shall represent the entire obligation of Frontiers in respect of such failure to publish. No other or further amounts shall be due from Frontiers or any entity connected with Frontiers in connection with any failure to publish.
The current Fees applicable to the submission and publication of the Article are published by Frontiers and are subject to change periodically.
Unless otherwise specifically agreed by Frontiers, any applicable Fees cover only the review and publication of the Article. Any other services, including copy editing, raw data examples, deposition of raw data into databases, visualisations of the arguments and/or results of the Article, translations and any other services, are subject to further charges in accordance with Frontiers’ usual charges for such services as amended from time to time.
Intellectual Property Rights; Grant of Licence to Frontiers; Restrictions on Further Publication by the Author
By submitting the Article to Frontiers, the Author grants to Frontiers, a free, paid up, irrevocable worldwide licence (or, where applicable, a free sub-licence over any third-party elements) over all Author Materials and all copyright in those Author Materials,
- to publish those Author Materials and derivative materials such as abstracts on the Frontiers Website , including preliminary publication of a "Paper Pending" abstract to ensure that the discovery or discoveries reported in the Author Materials are first published in the name of the Author and by Frontiers.
- to re-publish them (in whole or in part) on the Frontiers Website and/or elsewhere individually, as parts of “e-books” or other compilations any number of times,
- to translate, summarise, introduce hyperlinks into the Article,
- to commercialise and receive income in respect of the Author Materials,
- to archive the Author Materials, as well as
- to permit visitors to the Frontiers Website to download and print the Author Materials (whether stand-alone or as parts of e-books or other compilations) from the Frontiers website;
- subject to any copyright notices on third-party elements of such Author Materials, to re-publish and/or reproduce those Author Materials in any other forum, any number of times, modify, copy, adapt, merge, sublicense and/or diffuse the Article or in whole or in part and/or to take any other action in respect of an Article which a publisher acting in good faith may wish to take; and
- subject to any copyright notices on third-party elements of such Author Materials, to permit non-commercial and/or commercial re-publication of the Author Materials by visitors to the Frontiers website and ther third parties subject to proper attribution of the Author and of the Website as the original forum of publication.
The rights granted to Frontiers in the preceding paragraph are exclusive up to the date of final rejection of the Article by Frontiers or the date of first publication in full of the Article by Frontiers. As soon as the Article has first been published in full by Frontiers, Frontiers’ licence shall become non-exclusive. Frontiers’ rights shall survive any transfer of all or part of the Author’s ownership of the copyright in the Author Materials.
Frontiers undertakes to reproduce any copyright notices consistent with the principles in this section.
By submitting the Article to Frontiers, the Author undertakes not to grant any rights over the Article or any part of its contents to any other person, and not to submit the Article for publication or review to any other person, enterprise or organisation, for the entire period of Frontiers’ exclusive licence. Once the exclusive licence either expires or becomes non-exclusive, as provided above, the Author may grant rights over Author Materials to third parties, subject to the other provisions of this Agreement (including the Rules).
By submitting the Article to Frontiers, the Author grants to Frontiers the irrevocable right to grant visitors to the Website and to other third parties a Creative Commons Attribution Licence ("CC BY"), as defined from time to time on www.creativecommons.org, or such other licence as Frontiers may choose to grant to such visitors and other third parties, over the Author Materials, subject to any copyright notices appearing in respect of third-party elements, which may not restrict the right to download and print but may restrict further dissemination of those third-party elements. These rights are (subject to the other provisions of these Conditions and of Frontiers’ Conditions for Website Use) granted to such visitors and other third parties for the whole duration of the Author’s own copyright and are irrevocable for each such visitor and/or other third party provided all relevant conditions are complied with by such persons.
Upon written notification by Frontiers to the Author of final rejection of the Article for publication, Frontiers’ licence over the Author Materials shall automatically terminate and Frontiers shall have no further rights in any respect over the Author Materials.
The Author is responsible for ensuring that, following first publication of the Article in full by Frontiers, all copies of the Article or of the Author Materials made with his/her/their consent, and any reference to the Article or its contents, are accompanied by a clear and prominent acknowledgement that the Article was first published in the Journal and by all relevant copyright and restriction notices.
Frontiers may grant sublicenses and/or assign its licence in the Article and its contents to its licensees and subcontractors engaged in any aspect of the management or production of the Journal and/or the Website and/or of any other aspect of Frontiers’ business or activity.
Following submission of the Article to Frontiers and (if applicable) until any final rejection of the Article is notified by Frontiers, the Author undertakes to ensure that the Article is not published in any Unacceptable Forum.
The Author undertakes and warrants that he, she or they have obtained all necessary third-party licences for publication on Frontiers Websites, downloading and reproduction of any third-party materials accompanying or forming part of the Article from the owner(s) of any such materials as provided above, and that any copyright notices required by such owner(s), clearly specifying any restrictions on downloading and/or reproduction, are included and appropriately displayed with the Article. The Author shall indemnify Frontiers against any consequences of the breach by the Author of the preceding sentence.
The Author agrees to impose all relevant conditions on any person to whom or which he/she/they distribute the Article or any précis or abstract or which or whom is licensed by the Author to re-publish the Author Materials.
Warranties of the Author
The author hereby warrants and represents to Frontiers as follows:
- the information given to Frontiers via the registration process concerning the Author (and all persons constituting the Author) is accurate, complete, up to date and not misleading.
- the Article is entirely his/her/their original work, with all references and sources appropriately and adequately acknowledged and all necessary customary or necessary permissions and authorisations obtained in writing prior to first submission of the Article for reviewing and editing.
- he/she/they has/have obtained and complied with all necessary licences concerning third-party materials as described above.
- no person other than the Author has contributed to the Author Materials in any way which would, customarily or otherwise, entitle such person to be named as author or co-author. All other persons contributing to the Article have empowered the Author or the person accepting these conditions to act on his/her behalf.
- the Author has the entire and unconditional right to deal in the intellectual property rights in the Author Materials in the manner required by these Conditions.
- the Author either owns all rights to all Author Materials, free of any third-party rights or claims of any nature, or he/she/they have licence rights, which are hereby lawfully sublicensed to Frontiers and which are sufficient to permit Frontiers, without any payment to any person, to publish all Author Materials in accordance with Frontiers’ usual practices.
- all patent applications and similar procedures requiring confidentiality have been completed prior to submisson of the Article to Frontiers.
- all statements, results and other contents of the Author Materials have been verified in accordance with the highest generally accepted scientific, academic or other relevant standards in the relevant subject domain.
- the Article has not been published in any other journal and is not currently under consideration by any other journal. If published by Frontiers, such publication will be the first publication.
- All experiments on live vertebrates or higher invertebrates on which any part of the Author Materials are based have been performed in accordance with relevant institutional and national guidelines and regulations. The Author has identified in the manuscript the committee approving the experiments and has confirmed that all experiments conform to the relevant regulatory standards. Regarding any experiments on human subjects, the Author has identified the committee approving the experiments and the Article includes a statement confirming that informed consent was obtained from all subjects.
- The Article contains a clear declaration of any financial, commercial or other relationships which might be perceived by the academic community as representing a potential conflict of interest.
- the Article contains no defamatory material or statement, no racist or extremist political message and does not incite discrimination, hatred or violence, and does not support any grouping or party which espouses such views, and the Author will not permit the Article or any extract to be used for any such purpose.
- the Author has disclosed in writing to Frontiers any other relevant fact or information concerning the Author, the Article, its contents, any graphics or images submitted by the Author and/or the ideas contained in the Article, its authorship or its sources, as well as any possible conflicts of interest.
The Author undertakes (jointly and severally where the Author is more than one person) to indemnify and hold harmless Frontiers against any damage suffered by Frontiers as a result of any of the above warranties being false or misleading.
Paper Pending Publication prior to acceptance of the article: Upon activation of the Interactive Review, Frontiers allows to immediately publish the provisional version of the abstract of an article in review as “paper pending”. By securing the public declaration date of the discovery, the paper pending allows a pressure-free and most effective collaboration with the review editors towards improving the manuscript, without the concern that the authors’ discovery might be scooped while the review is on-going. The publication of the abstract as "paper pending" on the journal homepage is at the discretion of the Associate Editor, as he or she determines that the review will most likely lead to a successful end.
Promotional Materials; Links to and from Other Websites
Frontiers may publish extracts and précis of the Article and may refer to the Author in promotional materials.
Frontiers may incorporate links on its Websites and in any off-line documents to other journals and other websites, and may create and/or permit links on such other websites to the Article.
Author’s Data; Data Protection; Transfer of Data
The Author consents to the publication of his/her/their name(s) and academic affiliation(s) in conjunction with the publication of the Article, regardless of the privacy setting chosen.
Governing Law and Jurisdiction
These Conditions are governed by Swiss law, without regard or reference to its provisions on choice of laws or conflicts of laws.
The Author agrees to submit any dispute or disagreement concerning the Article or arising out of or in connection with its submission, review, publication or any other aspect of the parties’ relationship concerning the Article in any way to Frontiers’ mediation process, and to follow the mediation process in good faith and to act in good faith in deciding whether to accept the result of such process.
All disputes arising out of or in connection with these Conditions which the mediation process referred to above has failed to resolve satisfactorily shall be subject to the exclusive jurisdiction of the courts of the Canton de Vaud, Switzerland.
The election of the governing law and jurisdiction will not be affected by any modification of a Party’s residence, place of work or server location.
The Author consents and will consent to any application by Frontiers to stay court proceedings brought by the Author in contravention of the provisions of this Article.
LIMITATION OF LIABILITY: SAVE AS STATED IN THESE CONDITIONS, THE MAXIMUM AGGREGATE LIABLITY OF FRONTIERS TO THE AUTHOR SHALL BE LIMITED TO REPAYMENT OF ANY FEES PAID BY THE AUTHOR TO FRONTIERS. FRONTIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE PRECEDING LIMITATION AND EXCLUSION OF LIABILITY SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT LIABILITY TO BE LIMITED OR EXCLUDED AS DESCRIBED IN THIS PARAGRAPH.
The Author may not assign its rights or any part of its rights to any third party. Frontiers may assign its rights or any part of its rights to any person or entity to whom management of the Journal and/or the Website and/or any of the relevant processes has been assigned or entrusted. Frontiers may subcontract any aspect(s) of its activities.
No failure of either party to seek remedy for a breach of these Conditions shall constitute a waiver of that or of any subsequent breach. No delay in enforcing these Conditions shall constitute a waiver of any breach.
If any provision of these Conditions is found to be illegal, invalid or unenforceable under applicable law, such provision shall not form any part of these Conditions and Frontiers shall seek to replace such provision which is legal, valid and enforceable and which as nearly as possible reflects the intention of the parties.
Neither party shall be liable to the other for failure to fulfil his/her/its obligations under these Conditions to the extent that such failure is due to circumstances beyond the control of that party. If such circumstances subsist for a period of more than six months, the other party may terminate the Agreement constituted by these Conditions in respect of the Article by written notice.
Please note: These conditions were amended in July 2012 and take effect from the date of their publication on the Website in respect of all articles published on and after that date.