ESTONIAN ACADEMY
PUBLISHERS
eesti teaduste
akadeemia kirjastus
TERMS AND CONDITIONS


Welcome to the website of the Estonian Academy Publishers. This page tells you about the terms on which you may:

Please read these Terms and conditions carefully before you start to use the Site, upload material or content, and/or before ordering any Materials from Us via the Site. You should understand that by using the Site, uploading any material or content and/or ordering any Materials you signify your acceptance of the Terms and that you agree to be bound by them. If you do not agree to these Terms and conditions, please do not use or visit the Site.

These terms and conditions consist of 4 chapters:


Chapter I – USING THE SITE

Information about Us
The Site is owned by the Estonian Academy Publishers.

Site structure and the Materials

The content on the Site consists of:

; and

The Free Materials and Open Access Materials together comprise the “Materials.”

Users do not need to register in order read articles on the Site. Registration is required for authors who wish to submit articles for publication.

Accessing the Site

Use of and access to registered user areas and subscription areas is subject to any applicable registered user or subscription agreement.

Whilst We endeavour to ensure that the Site is normally available 24 hours a day, access to the Site is provided on a temporary basis, and We reserve the right to withdraw or amend the service We provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

We aim to update our site regularly and may from time to time change the Materials as well as the type of subscription/registration needed to access any of the Materials. If the need arises, We may suspend access to the Site, or close it indefinitely.

You are responsible for making all arrangements necessary for you to have access to the Site and the Materials, including the arrangement and acquisition of software, hardware, and any necessary Internet connection and telecommunications equipment. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them, and you also understand that you and not Us are responsible for all electronic communications and content sent from your computer to Us.

Viruses, hacking, and other offenses

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site or any part of it, the server on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service-attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or due to your downloading of any material posted on it, or any website linked to it.

Linking to the Site

You may link to our home page, a journal home page or an article page using the sharing tools provided by Us provided you do so for non-commercial purposes and in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists or in a way that makes material or content available to a third party who would not otherwise have free access to it (for example, by making subscription-only content freely available to a non-subscriber). Authors and co-authors of an article published by Us should refer to the My Authored Works part of the Site for further information on linking to their own article. The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Our liability

The Site and the Materials are provided on an “as is” basis. Subject to the below, Estonian Academy Publishers excludes all liability for the suitability, accuracy, or fitness for any purpose of the Site and any Materials.

The Materials may be out of date at any given time, and while We may from time to time update the Materials We are under no obligation to do so.

Indemnity

You agree to indemnify Estonian Academy Publishers against any costs, claims, damages, or expenses arising from any use by you) of the Materials under these Terms and conditions which are brought or threatened against Estonian Academy Publishers website by another person.

Information about you and your visits to the Site

We process information about you in accordance with our Privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.


Chapter II – INTELLECTUAL PROPERTY AND LICENSE TYPES

Becoming a registered user and use of passwords

Access to certain areas of the Site will be restricted to registered users only. You can apply to become a registered user here.

In order to operate your account you will use a password. You are responsible for the security and proper use of your passwords and your account, including all charges incurred through them. If We reasonably believe that there is likely to be a breach of security or misuse of the service or your account, We suggest you to change your passwords immediately and will notify you accordingly.

Intellectual property rights

We are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights (together the “Intellectual Property”) in the Site, the content and the Materials.

The Materials are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved. Your right to access and use the Site and the Materials is strictly limited to that set out below and, where applicable, in any accompanying license agreement between you and Us.

  1. Free Materials

1.1 Access to Free Materials
To read, use or download Free Materials you will not need to register, log in or activate the access to view the content.

1.2 Usage rights for Free Materials
We grant you an unlimited access and make personal use (including permission to print off one copy, and to download extracts) of any page containing Free Materials for your personal reference and you may draw the attention of others within your organization to the Free Materials.

You must not (i) modify the paper or digital copies of any Free Materials you have printed off or downloaded in any way; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

If you print off, copy, or download any part of the Site or the Free Materials in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Free Materials you have made. 

This license does not include any derivative use of the Site or the Materials, any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data-mining, robots, or similar data-gathering and extraction tools. In addition, you may not use meta tags or any other “hidden text” utilizing our name or the name of any of our group companies without our express written consent.

You must not use any part of the Free Materials for commercial purposes without first obtaining a license in writing to do so from us.

Our status (and that of any identified contributors) as the authors of Free Materials on our site must always be acknowledged.

Other terms and conditions

Your access to and use of the Materials may be subject to additional terms and conditions as agreed by you and Us from time to time, except that any such obligations will not apply to any dispute between you and Us arising, or arising out of events occurring before the date of such additions.

2. Open Access Materials

Estonian Academy Publishers provides the author(s) to make an article open access online in one of Estonian Academy Publishers subscription-based journals for a publication fee. This option is made available once an article has been accepted.

Estonian Academy Publishers’ articles are normally published under a Creative Commons Attribution License http://creativecommons.org/licenses/by/4.0/ or under a Creative Commons Attribution-Non-Commercial License http://creativecommons.org/licenses/by-nc/4.0/ .

It is essential that you check the license status of any given open access article to confirm conditions of access and use.


2.1. Access and usage rights
Where Estonian Academy Publishers’ open access articles are made available on an open-access basis, no subscription fee or article-pay-to-view fee or any other form of access fee are payable by you, and no publication embargo is applied.

Papers published under the Creative Commons Attribution License (CC BY)
All articles published by Estonian Academy Publishers under the Creative Commons Attribution License https://creativecommons.org/licenses/by/4.0/ on an open-access basis are licensed by the respective authors of such articles for use and distribution by you subject to citation of the original source in accordance with the terms of the license under which the work was published (please check the license statement for the relevant article(s). No permission is required from the authors or publishers. Appropriate attribution can be provided by citing the original article. For any reuse or redistribution of an article, users must also make clear the license terms under which the article was published and retain all copyright notices and disclaimers.

If an article is published under a Creative Commons Attribution License, you may access, download, copy, display, and redistribute Estonian Academy Publishers’ open access articles as well as adapt, translate, text- and data-mine content contained in Estonian Academy Publishers’ articles, subject to the following conditions:

– you will not compromise the author’s moral right to the integrity of their work and you will make proper attribution of the work but not in any way that suggests that you or your use of the work are in any way endorsed by the author or Estonian Academy Publishers.

– this permission does not cover any third-party copyrighted work which may appear in the work requested. Where content in Estonian Academy Publishers’ open acces articles is identified as belonging to a third party, you will be responsible for obtaining all necessary permissions and consents to any reuse from any such third party.

Papers published under the Creative Commons Attribution-Non-Commercial License (CC BY-NC)
All articles published by Estonian Academy Publishers under the Creative Commons Attribution-Non-Commercial License http://creativecommons.org/licenses/by-nc/4.0/ on an open-access basis are licensed by the respective authors of such articles for use and distribution by you, on a non-commercial basis, subject to citation of the original source in accordance with the terms of the license under which the work was published (please check the license statement for the relevant article(s)). No permission is required from the authors or publishers for non-commercial reuse. Requests for commercial reuse should be directed to the rightsholder. Appropriate attribution can be provided by citing the original article. For any reuse or redistribution of an article, users must also make clear the license terms under which the article was published and retain all copyright notices and disclaimers. This permission does not cover any third-party copyrighted material which may appear in the work requested


2.2. Commercial reuse
For the avoidance of doubt, commercial purposes include but are not limited to:

– the copying or downloading of Estonian Academy Publishers’ open access articles or linking to such postings, for further redistribution, sale or licensing, for a fee

– the copying, downloading, or posting of Estonian Academy Publishers’ open access articles by a site or service that incorporates advertising with such content;

– the inclusion or incorporation of Estonian Academy Publishers’ open access article content in other works or services (other than normal quotations with an appropriate citation) that is then available for sale or licensing, for a fee;

– the use of Estonian Academy Publishers’ open access article content (other than normal quotations with appropriate citation) by for-profit organizations for promotional purposes, whether for a fee or otherwise; and

– the use of Estonian Academy Publishers’ open access articles for the purposes of monetary reward by means of sale, resale, license, loan, transfer, or other form of commercial exploitation.

If you wish to use Estonian Academy Publishers’ open access articles in a way which is not permitted by the above license, you must contact either the rightsholder or Estonian Academy Publishers


2.3. Translations
If you make any translations of Estonian Academy Publishers open access articles, for which a prior translation agreement with Estonian Academy Publishers has not been established, you must prominently display the following statement on any such translation:

“This is an unofficial translation of a [Estonian Academy Publishers] that appeared in a Estonian Academy Publishers’ publication. Estonian Academy Publishers and/or the rightsholder has not endorsed this translation.”


2.4. No warranty
Versions of published open access articles of Estonian Academy Publishers that are hosted by institutional or subject repositories or any other third-party website were developed during the publication process of the definitive version of record that appears on Estonian Academy Publishers’ online platform http://www.eap.ee/. Versions of published Estonian Academy Publishers open access articles posted to institutional or subject repositories or any other third-party website are without warranty from Estonian Academy Publishers of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall Estonian Academy Publishers be liable for any loss or damage arising out of, or in connection with, the use or performance of this information.


Chapter III – E-COMMERCE

Terms and conditions of supply

The following terms shall apply to e-commerce transactions taking place on or via the Site.
For the purposes of the clauses below:
“Publication” means any journal, book or report offered for sale in hard copy via the Site
“Digital Content” means any rights granted to you to access content available on the Site.

By placing an order through the Site, you warrant that:
(a)   you are legally capable of entering into binding contracts; and
(b)   you are at least 13 years old.

Risk and title of publications

All Publications will be at your risk from the time of delivery.

Ownership of the Publications will only pass to you when We receive full payment of all sums due in respect of the Publications including delivery charges, but nothing in this clause constitutes an assignment or grant of any Intellectual Property Rights in the Publication

Price and payment

The price of any Publications will be as quoted on the Site from time to time, except in cases of obvious error.

Prices are liable to change from time to time, but changes will not affect orders in respect of which We are already sent you a Dispatch Confirmation.

We are under no obligation to provide the Publications to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Publications must be by credit card, debit card or via bank payment link.

Import duty & compliance with local laws

If you order Materials from the Site for delivery outside Estonia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws


Chapter V – GENERAL PROVISIONS

Notices

All notices given by you to Us must be given to Estonian Academy Publishers at alert@eap.ee. We may give notice to you at the email or postal address you provide to Us when placing your order. In proving the service of any notice, it will be sufficient to prove in the case of a letter that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer of rights and obligations

These Terms and conditions and any contract for the sale or purchase of Materials conducted via the Site are binding on you and Us and on our respective successors and assigns.

You may not transfer, assign, charge, or otherwise dispose of any of your rights or obligations arising under these Terms or any such contract, without our prior written consent.

We may transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights or obligations arising under these Terms or any contract arising related to your use of the Site, at any time.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under these Terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Our right to vary these terms

We have the right to revise and amend these Terms and conditions or any clause contained within then from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities except that such revisions or amendments do not apply to any dispute between you and Us arising, or arising out of events occurring, before the date of such revision or amendment.

You will be subject to the policies and terms and conditions in force at the time that you order products from Us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the Terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the products).

Law and jurisdiction

You agree that the courts of Estonian Republic shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these terms or their formation. For these purposes each party irrevocably submits to the jurisdiction of the courts of Estonian Republic.

These Terms and conditions were last updated on 30 September 2021