By using the Mendeley website at https://www.mendeley.com and its subdomains (the "Site"), and Mendeley desktop software (the "Software") or other products and services (including mobile applications) provided to you on, from or through the Site (collectively, the “Services”), you agree to (1) the Elsevier Terms and Conditions, found at https://www.elsevier.com/termsandconditions and incorporated herein by reference, and (2) these Mendeley Terms of Use (“Terms of Use”). These Terms of Use include the Site’s privacy policy, Copyright and Intellectual Property Policy and any additional terms or product requirements applicable to the Services you use. If you do not agree to all of these Terms of Use, do not use the Services.
The Services are provided by Mendeley Limited (“we”, “us” and “our”). We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
1.1. In order to access certain features of our Site, you have to be registered. The email address and password you register to create an account on the Site can be used to login to all Elsevier websites on the platform. If you create a profile on the Site, you must provide true and accurate information about yourself. Should your profile information provided prove false or misleading (including your personal details), we may remove your profile.
2.1. We hereby grant to you a non-exclusive, personal, non-transferable license, in accordance with these Terms of Use, to:
| 2.1.1. | download, install and use the Software for the purposes of cataloguing and managing your academic papers and articles (“Academic Papers”), including making a back-up copy of your Academic Papers; |
| 2.1.2. | distribute the Software so that other users may install and use the Software for the purposes of cataloguing and managing their Academic Papers; and |
| 2.1.3. | make a copy of the Software for back-up purposes. |
2.2. When you download our Software and enter your email address and password that you registered to create an account on the Site or any of the other Elsevier websites on the platform, our Software collects (even while you are offline) certain data which is uploaded to our servers when you synchronize your Software and account, specifically, data relating to:
| 2.2.1. | Academic Papers such as the author name, title and keywords for the purpose of assisting in the:
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| 2.2.2. | reading, cataloguing and accessing your Academic Papers for the purpose of:
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2.3. Except as we permit in these Terms of Use or as permitted by any local law, you undertake:
| 2.3.1. | to use our Software only in accordance with the Terms of Use; |
| 2.3.2. | not to copy, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the whole or any part of our Software, nor permit our Software or any part of it to be combined with, or become incorporated in, any other programs (though you may contact us at office [at] mendeley [dot] com to seek a written permission from us to do so); |
| 2.3.3. | not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law; |
| 2.3.3. | not to remove or alter our (or our licensors’) copyright or other proprietary notice on our Software. |
2.4. Save for the Content (as defined below), you acknowledge that we are the owner of or the licensee of all intellectual property rights in our Site and in the material published on it, including the Software, and that you have no rights in or to our Software other than the right to use the Software in accordance with these Terms of Use.
3.1. You may use our Services only for lawful purposes. Accordingly, you may only post versions of Academic Papers or other Content (as defined below) on the Site if you have the right to do so. By way of example, while many journal publishers permit posting of some versions of Academic Papers, most journals restrict the sharing of final versions. To be sure you have the right to upload such Content, you should review your publishing agreement, the publisher’s copyright policies, the SHERPA/RoMEO database, and/or any other applicable information prior to posting any version of an Academic Paper.
3.2. "Content" shall mean any material you post on or through the Site, including, without limitation, Academic Papers, Research Data and any comments on forums, wikis, personal profiles and communications with members. By using the Site and posting any Content, you permit us to extract metadata for indexing and improved searchability purposes from any such Content that you post or upload to the Site. We do not claim any ownership rights in your or any other user’s Content. After posting or uploading your Content to the Site, except for the permissions granted to us hereunder, you continue to retain all your rights in such Content.
"Research Data" shall mean the result of observations or experimentation that validate research findings and that are published separate to an Academic Paper, which can include but are not limited to raw data, processed data, software, algorithms, protocols, and methods. For Research Data that you make publicly available on the Site, you grant us a perpetual, worldwide, non-exclusive right and license to publish, extract, reformat, adapt, build upon, index, re-distribute, link to and otherwise use all or any part of the Research Data in all forms and media (whether now known or later developed), and to permit others to do so. Where you have selected a specific end user license under which the Research Data is to be made available on the Site, we shall apply that end user license.
3.3. By posting your Content you represent and warrant that: (i) your Content is original to you and/or is licensed and fully cleared to permit us to use such Content as contemplated herein; (ii) your Content was produced in compliance with all applicable laws and regulations; (iii) your Content does and will not, in any way, violate or breach any of these Terms of Use; (iv) your Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; (v) your Content is not obscene or in any other manner unlawful; (vi) your Content shall not be injurious to the health of any user; and (vii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of your Content. At Mendeley's request and in accordance with Mendeley’s reasonable instructions, you will promptly delete and not use our Services to send, knowingly receive, upload, download, use or re-use any Content that would hinder the performance of the Mendeley Site and Services or that would be not academic in nature.
3.4. You may not use our Services:
| 3.4.1. | to send, knowingly receive, upload, download, use or re-use any Academic Papers without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner’s permission, are permitted to do so under your publishing agreement or your institution’s license agreement or under license from an Open Access database or under a Creative Commons license. |
| 3.4.2. | in any way that breaches any applicable local, national or international law or regulation; |
| 3.4.3. | in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user; |
| 3.4.4. | in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory; |
| 3.4.5. | in any way that promotes sexually explicit material, violence, or discrimination of any kind; |
| 3.4.6. | in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person; |
| 3.4.7. | in any way that is threatening, abusive or invades another’s privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person; This includes but is not limited to ensuring that you have complied with best practice and applicable local laws when sharing data obtained from any research participants or any other individuals, that you have obtained all necessary consents, and that such data is suitably anonymized wherever appropriate; |
| 3.4.8. | to impersonate any person, or to misrepresent your identity or affiliation with any person; |
| 3.4.9. | to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to (a) using Mendeley invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Mendeley to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission. |
| 3.4.10. | to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. |
| 3.4.11 | to scrape the platform and /or to improve and/or develop a product and/or service which may, directly or indirectly, commercially or non- commercially, compete with the Services and/or any associated product or service and/or may be in any other form damaging or detrimental to the Services and/or Mendeley or its users, affiliates and partners. |
3.5. Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Site.
3.6. You also agree:
| 3.6.1. | not to access without authority, interfere with, damage or disrupt:
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| 3.6.2. | to use our Services only for research related activity (e.g, not to store your personal collection of movies, music and other large file types unrelated to your research activities). |
3.7. You may form more than one private group as part of a Mendeley for Teams package only if you intend to be active in all such groups; you may not form more than one private group to act solely as an administrator.
4.1. To raise complaints regarding alleged copyright or other intellectual property infringement, you must follow the instructions set forth on the Copyright and Intellectual Property Policy page. For all other complaints about the use of our Site or Content (as defined above) posted to our Site, please contact us at complaints [at] mendeley [dot] com. We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in case additional information is necessary. We will then review your complaint and decide whether there has been a failure to comply with our Terms of Use. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
4.2. If we receive a complaint from someone else about something that you have posted or uploaded, we will investigate the complaint carefully, following the procedures determined above. Similarly, if we ourselves consider that you have not complied with these Terms of Use, we will investigate. In either case, if we determine, in our sole discretion and judgment, that you have failed to comply with these Terms of Use we reserve the right at any time to take all or any of the following actions (and any other action we reasonably deem appropriate):
| 4.2.1. | temporary or permanent withdrawal of your right to use our Site and/or closure of your account; |
| 4.2.2. | temporary or permanent removal of any posting or Content uploaded by you to our Site; |
| 4.2.3. | issue of a warning to you; |
| 4.2.4. | legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; |
| 4.2.5. | disclosure of such information to law enforcement authorities or to a third party complainant as we reasonably feel is necessary or required (and in exceptional circumstances and only where we consider a complaint is justified, this may include disclosure of your identity to the complainant); |
| 4.2.6. | use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use. |
4.3. You hereby hold harmless and indemnify us and our affiliates, officers, agents and employees from and against any claim, suit or action made by any third party arising from or related to your use of the Services or violation of these Terms of Use, including any liability or expense arising from losses, damages, claims, costs and reasonable attorneys’ fees.
5.1. Except as set out in 8.2, you may delete your Content at any time using the automated account deactivation tool. When you delete your Content, our right to use it shall cease save that we may retain a copy in backup for a reasonable period of time and as necessary to comply with our legal obligations. However, the deleted Content will not be generally available to other users or registered members.
5.2. Where you make use of the interactive features of our Services to share Content with others, you may not be able to delete such shared Content.
6.1. We aim to update our Site regularly. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
6.2. Although we aim to keep the Services available at all reasonable times, we may modify, suspend or discontinue the Services in whole or in part without notice including, for example, in the event of technical failures, upgrades, routine or emergency repair work or some reason outside our control. We will not be liable if for any reason our Services are unavailable at any time or for any period.
6.3 If you create a profile on the Site, you must provide true and accurate information about yourself. Should your profile information provided prove false or misleading (including your personal details), we may remove all or part your profile.
7.1. Use by U.S.A. federal agencies will follow the amended terms found here.
8.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
9.1. If you have any comments or concerns about our Services, please contact us.
These Terms of Use were last updated on 21 January 2022.
