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Terms of Use

eyeMoviePedia Open Access Charta
Legal Relationship
Author's Contract
Privacy Statement

eyeMoviePedia Open Access Charta

Each work published on eyeMoviePedia is permanently available via internet free of charge ("Open Access"). This means:
Anyone interested may view, download, copy, distribute, search in, refer to and use the full work in any other conceivable legal way as well, without financial, legal or technical barriers except for those that are linked with internet access itself. The only existing restriction in connection with reuse and further distribution is the protection of the author's right of accurate citation. All the works published on eyeMoviePedia have passed through a peer review and will be permanently stored on the servers of eyeMoviePedia.

Are open access and the review of works within a peer review process compatible with each other?
Absolutely. Indeed, the mission of eyeMoviePedia is open access publishing of videos and other works that have successfully passed through the peer review. Peer review is not media-dependent and as an important evaluation procedure of scientific expert communication, it is just as necessary for open online publications as for printed ones.

Is open access compatible with high scientific standards and higher quality?
Why not? Summed up you could say that exactly those factors that are decisive for the scientific quality in the case of traditional printed publications are also efficient for the type of scientific works published by eyeMoviePedia and that they take effect. The standards according to which submitted works are evaluated by the eyeMoviePedia editorial are those of the field of eye care and eye surgery: They are both independent from the media chosen and independent from the fact whether fees are imposed for access to the publication or not. The quality of the publication is fully dependent upon the standards of the corresponding scientific field itself, but not of if the archive allows open access to them. The quality of a scientific communication platform is dependent upon the responsible persons there, i.e. on the editors, on the members of the advisory committee and on experts that work on the reviews. On the contrary, this quality has consequences on the quality of the works which are submitted by the authors for publication. Open access services may make use of the same quality assurance mechanisms as the traditionally printed journals. Decisive is, who is involved with which criterion/standards in the process of publication and publishing - whereby the media itself (print vs. online, articles vs. videos) and the costs (chargeable vs. freely accessible) are unimportant.

 

Legal Relationship

eyeMoviePedia offers reviewed videos and other information and services in the field of Ophthalmology. eyeMoviePedia addresses primarily eye care professionals but is open to be used by anyone.

The use of the eyeMoviePedia web site including all products and services (in the following „services“) is regulated by a legal agreement between you and eyeMoviePedia (in the following „agreement“). The agreement consists of the Terms of Use, the Privacy Policy, the Author’s Contract, the Open Access Charta and the Code of Conduct. “eyeMoviePedia” names – depending on the context of use- on the one hand the eyeMoviePedia portal, on the other hand the eyeMoviePedia private partnership. For further information about the eyeMoviePedia private partnership, please see the Imprint.

All services are offered free of cost, non-binding and noncommittal. eyeMoviePedia reserves the right to change, amend or discontinue parts of the service without prior notice.

By using the eyeMoviePedia-website you accept the agreement. eyeMoviePedia is authorized to adjust the agreement from time to time. The text of the changed agreement will be published under http://www.eyeMoviepedia.com/terms-of-use. By using the eyeMoviePedia website after the date of the change you agree to the changed agreement.

Registration

You can search the eyeMoviePedia website and watch surgery videos without registration. However, if you want to download videos,upload new videos, comment on published videos or use the “person to person send video service” you first have to register yourself. You are obliged to make accurate and complete statements during the registration. You are also obliged to keep your password secret and inform eyeMoviePedia immediately if you get aware of any illegal use of your registration details.

Video Publication Service

As an eye care professional you can publish videos from the field of Ophthalmology on eyeMoviePedia. In order to do so you have to accept the Author`s Contract. Submitted works will be peer reviewed by the eyeMoviePedia editorial board to secure quality standards. If being accepted, it will be published on eyeMoviePedia according to eyeMoviePedia`s Open Access Charta. This means that there is no copyright transfer from author to publisher. eyeMoviePedia respects the intellectual property ownership rights of authors. All submitted and accepted works will be published under a Creative Commons license. This guarantees fast and effective dissemination to many viewers worldwide as well as optimal transparency of the legal status of the work. These terms are explicated in our Author's Contract.

Send Video Service

eyeMoviePedia offers the possibility to send eye care related videos to one or several other colleagues free of cost. This service is open for eye care professionals only and requires registration.

Exclusion of Liability

eyeMoviePedia aims to present data which meet the highest requirements of actual scientific research and medical practice. Nevertheless eyeMoviePedia can guarantee neither the accurateness nor the completeness or the actuality of the presented information. Particularly eyeMoviePedia cannot guarantee the effectiveness of any methods and practices which are presented within the published videos and therefore excludes liability for any implications which result from the interpretation or usage of or the reliance on information presented on eyeMoviePedia.

eyeMoviePedia also excludes liability for any damages resulting from the usage of eyeMoviePedia services like the loss of data, hardware failure or any kind of consequential damage or loss.

eyeMoviePedia contains references to external websites which are run by third parties ("external links"). These websites underlie the responsibility of the respective operator. eyeMoviePedia revised external links at the moment of their first integration. At this time no violation of law was recognizable. eyeMoviePedia has no influence to the actual or future contents and composition of these external websites. The fact that eyeMoviePedia links to another website does not mean that eyeMoviePedia shares or supports the contents and views of this site. Please understand that continuous control of external links without concrete indication is impossible. You can support eyeMoviePedia by notifying us about any links to external websites that might contain illegal contents. As soon as eyeMoviePedia acknowledges links to illegal contents these links will immediately deleted.

Final Clause

If not regulated by this contract, the general provisions of law of the Federal Republic of Germany apply.

The invalidity or inefficacy of individual regulations of this contract does not affect the validity of the remaining regulations. The parties are then obligated to replace the deficient regulation by such a regulation whose economic and legal sense comes closest to that of the regulation to be replaced.

 

Author's Contract

between

eyeMoviePedia gGmbH
Gertrudenhofweg 29
D-50878 Köln, Germany

and the submitting author:

Name:		_______________________________

Adress: _______________________________

City: _______________________________

Profession: _______________________________

Conclusion of Contract

Author in terms of this contract is in the case of a video-submission the eye care professional who is responsible for the making of the video. The submitter has to be at least co-author of the work.

The subject of this contract is the submitted work of the author under the title:

          ......................................
......................................

Submitted videos can already have been published in another video-platform. The author insures that he is authorized to dispose over the rights of use on his work promoted by copyright and that hitherto he made no legal concessions that oppose to the provisions of this contract. This applies to the complete work and all parts of it, including all texts, pictures and sounds which might be a relevant part in the submitted work. If the author offers eyeMoviePedia a work for which this does not apply, or where it is uncertain if this applies, then he has to inform eyeMoviePedia about it and about all recognizable legally relevant facts known to him.

The contract has to be printed, signed and send to eyeMoviePedia by Fax or Post. Explicit contractual acceptance by eyeMoviePedia is not necessary.

Fee

The author does not receive a fee for his work.

Copyright

There is no copyright transfer from author to eyeMoviePedia. The author agrees, that his work will be published by eyeMoviePedia under a Creative Commons Attribution-No Derivative Works 3.0 Germany license. This means that all user of his work are free to copy, distribute, display, and perform the work under the condition that he gives the original author credit and must not generate derivative works through altering, transforming, or building upon the work.

The author agrees to that eyeMoviePedia includes a note concerning the used license into the submitted work. Thereby it is guaranteed that the legal status is clear for all potential users even if the work has been distributed many times.

Third Parties Rights

The author takes any necessary action to make sure that the publication of the work by eyeMoviePedia does not infringe any existing third parties rights, especially copyrights or personal rights. If necessary, the author makes sure that patients or other people, who might be seen in the work agree to the publication on eyeMoviePedia. The author is obligated to point out to eyeMoviePedia in writing if the work includes interpretations from persons or incidents with which the risk of an infringement of personal rights is connected.

Furthermore the author indemnifies eyeMoviePedia from any claims which are asserted against eyeMoviePedia by a third party due to infringements of personal rights or copyrights through the publication of the work on eyeMoviePedia.

Acceptance of Annotation

The author accepts that his work might be critically annotated by members of the eyeMoviePedia editorial board as well as by users of eyeMoviePedia. eyeMoviePedia ensures that annotations are made according to the eyeMoviePedia code of conduct.

Right of Rejection or Withdrawal

The author has no right of publication of his work. eyeMoviePedia can reject submitted works or withdraw published works at any time if this is being indicated by factual reasons.

Competing Interest

The author declares that he, as well as any potential co-author, has no competing interests. A competing interest exists, if the authors work includes interpretation of data or presentation of information as well as inappropriate accentuation of proprietary names or brands which may be influenced by the author’s personal or financial relationship with other people or organizations. If the author has competing interest or interests that might be competing he supplies eyeMoviePedia with detailed information about these interests. eyeMoviePedia is allowed to publish potential competing interests in order to guarantee scientific objectivity.

Final Clause

If not regulated by this contract, the general provisions of law of the Federal Republic of Germany apply.

The invalidity or inefficacy of individual regulations of this contract does not affect the validity of the remaining regulations. The parties are then obligated to replace the deficient regulation by such a regulation whose economic and legal sense comes closest to that of the regulation to be replaced.