On participation in the creation of the Work and the transfer of copyright for its use

Place of conclusion of the Agreement:
https://pleiades.online

Parties to the Agreement:

Pleiades Publishing, Ltd. and Pleiades Publishing, Inc. (hereinafter jointly or separately, the Publisher) and the person who has acceded to this Agreement and is the author (coauthor) – compiler of compiled scientific works – numbers (issues) of the Publisher’s Journal(s), the list of which is indicated on the Publisher’s website (https://pleiades.online) – selecting and arranging copyrighted scientific works (hereinafter, the Articles), and/or being a reviewer, and/or editor, and/or another person preparing Articles or other copyrighted materials for the purpose of creating numbers (issues) of Journals and/or other Compiled Work(s) (as indicated below) that are the subject of copyright or are subject to copyright, and acceded to this Agreement, hereinafter referred to in the text of the Agreement as the Author.

According to the text of the Agreement, everything created and/or transferred by the Author under this Agreement to the Publisher and/or other person specified by the Publisher (hereinafter, the Authorized Person), for the purpose of preparing the Journal and/or for use by the Publisher in the Journal in English, is referred to separately or collectively the Work, or the Compiled Work, in relation to the text of the Agreement.

A. Scope

1. The Author hereby, under the terms of this Agreement and in accordance with the requirements imposed by the Publisher on the Journal and posted on the Publisher’s website (https://pleiades.online), undertakes to create (perform creative work) and transfer to the Publisher or the Authorized Person the Work and/or other Work Results ready for further use by the Publisher and all (in full) exclusive rights to use the created Work or Compiled Work, including the rights to translation into English (where and when necessary), reproduction , publication, re-publication, distribution or use of the Work, Compiled Work or parts (fragments) contained therein in any other way throughout the world in English in the Journal or other scientific, educational, technical, or professional journals, databases or other publications and derivative works, in electronic versions of such journals, periodicals and derivative works in all electronic media and formats now existing and which may appear in the future, as well as the right to issue licenses (or permits) to third parties (including affiliates, etc. at the discretion of the Publisher), use everything received under the Agreement throughout the world in such journals, periodicals, compilation and derivative works and databases. These rights are transferred by the Author to the Publisher throughout the world for the entire duration of copyright provided for by applicable law. The Author performs the work remotely and transfers to the Publisher everything created under this Agreement online, in the form and manner determined by the Publisher. Technical requirements, terms, and other technical issues that are not reflected in this Agreement are determined by the Publisher and communicated to the Author by posting them on the Publisher’s website (hereinafter, the Specifications). The Publisher's Specifications posted on the website are an integral part of this Agreement and are subject to mandatory execution by the Author.

2. In addition to the above, the concept of use as provided above includes, but is not limited to: the right to reproduce the Work and/or Compiled Work and the individual portions contained therein, including all proprietary works, in compilations, reprints, in collections of articles, in journals formed by division of the Journal (or inclusion in it), additional issues, combined editions, derivative works, and other forms of the Journal in English, in databases and in any other way and in any other form (including, but not limited to, any printed and electronic formats); the right to create any other derivative works based on them; the right to compile; the right to distribute, disseminate, market, make available, advertise, distribute copies, promote and sell (directly or through third parties) individually or in collections and packages with other content under any distribution, licensing, and sales models that are currently practiced or that will arise in the future.

3. The exclusive right under this Agreement includes the right to process the presentation form of Works and/or Compiled Works for use in interaction with computer programs and systems (databases) for reproduction, publication, and distribution in machine – readable format and implementation in search systems (databases).

4. The Author does not have the right to transfer the Work and/or Compiled Work obtained in the process of implementing this Agreement to third parties, except in cases expressly provided for by this Agreement or in accordance with the written instructions of the Publisher.

5. Issues of use (including transfer) by the Author of everything received and transferred to the Publisher under this Agreement are resolved by the Parties by written agreement, unless otherwise expressly provided for in the Agreement, including Specifications, or applicable legislation.

B. Copyright Warning

1. The Author agrees that each copy of the Work and/or the Compiled Work or any part thereof is the property of the Publisher and can be used by the Author or other third parties solely with the consent of the Publisher, and if used, will contain an indication of the Publisher's copyright indicated in the Journal and a full reference to the Journal.

C. Author’s Guarantees

The Author guarantees that:

1. he/she is the actual owner of the exclusive right to the Works and/or Compiled Works created under this Agreement and that these exclusive rights have not been alienated by the Author to third parties and the Author is not limited (legally) in these rights;

2. The Works and/or Work Results are original, submitted for consideration only to the Publisher, and have not previously been used by third parties in English;

3. Works and/or Compiled Works were created personally by the Author (coauthors) in strict accordance with applicable copyright law and the terms of the Agreement;

4. if the Work and/or Compiled Work created personally by the Author include works, excerpts from works, or contain indications of works protected by copyright and/or owned by a third party, then the Author must obtain written permission from the owners of the borrowed materials to use the borrowed materials for all types of use (as specified in this Agreement) and notify the Publisher in writing about this, providing the Publisher with copies of the received permissions (agreements) for the use of borrowed materials, as well as make references to the source;

– if the Works and/or Work Results include Articles created by other authors (coauthors), ensure that the Articles used are checked for:

• (i) transfer by the authors (coauthors) of Articles to the Publisher of the necessary copyrights in accordance with the standard copyright transfer agreement posted on the Publisher’s website;
• (ii) compliance by the authors (coauthors) of the Articles with copyright on the materials they borrowed, absence of plagiarism and republication, their compliance with publishing ethics and generally accepted ethical principles and COPE standards;
• (iii) that the copyrighted Articles used are properly legalized by the authors, do not contain libelous statements, do not infringe the rights (including without limitation copyright or patent or trademark rights) of others, and do not contain materials or instructions that may cause harm or damage to third parties and their further use by the Publisher will not lead to the disclosure of secret or confidential information, including state secrets.

5. The creation and preparation of the Work and/or another Compiled Work were carried out by the Author within the time limits and in accordance with the rules of the Publisher.

6. The author (coauthor) bears sole responsibility and all risks for violation of the above guarantees.

D. Interactions of the Author in the process of creating the Work and/or the Compiled Work

1. When fulfilling this Agreement, the Author (Coauthor) directly interacts with the editor-in-chief of the Journal and other authorized persons specified by the Publisher and involved in the creation and preparation of the Journal, including the editorial and production services of the Publisher. The final decision upon acceptance by the Publisher (Authorized Person) from the Author of the Work(s) and/or Compiled Works created under this Agreement is made: in terms of creating a Compiled Work - the content of the numbers (issues) of the Journal, by the editor-in-chief of the Journal; in terms of the editorial and technical preparation of individual Articles and other Compiled Works, by production services of the Publisher or Authorized Persons specified by the Publisher in technical documents or additionally.

F. Obligations and guarantees of the Publisher

1. Works and/or Compiled Works are used by the Publisher at its own discretion in accordance with the rights provided for in this Agreement.

3. For the creation of the Work and/or other Compiled Work, the transfer to the Publisher of exclusive rights to use them in accordance with the terms of this Agreement, the Publisher or its Authorized Person undertakes to pay the Author a remuneration – a royalty, the amount of which is determined by the editor-in-chief of the relevant Journal, taking into account the contribution of the Author (Coauthor) to the creation of the Work or the Compiled Work and the budget of the Journal.

Payment of remuneration will be carried out by the Publisher or its Authorized Person – GERTAL HOLDING LIMITED, (registered on December 31, 2007, registration number 2178744, legal address: Cyprus, Limassol, index 3025, 15 Nafpliou str., 2nd floor ), starting July 1 of the year following the reporting publishing year, in US dollars or in another currency at the US dollar exchange rate of the bank (on the date the Author (Coauthor) received the remuneration) authorized by the Publisher or GERTAL HOLDING LIMITED.

All responsibilities for paying taxes on personal income lie with the recipient of the remuneration.

From the amount of remuneration received, the Author independently calculates and pays the amount of tax and/or other mandatory payments payable in accordance with the legislation in force in relation to the recipient of the remuneration—the Author.

G. Other conditions. Entry of the Agreement into force

1. This Agreement is an agreement of accession (a public offer of the Publisher), the terms of which are determined by the Publisher, and can be concluded by the other party only by acceding to this Agreement as a whole. The transfer of the Work and/or the Compiled Work by the Author to the Publisher, as well as the performance by the Author of other implied actions related to their creation, is considered acceptance, i.e. conclusion by the Author (Parties) of this Agreement in accordance with its terms, which is subsequently additionally confirmed by the Author by signing the appropriate agreement between the Author and the person authorized by the Publisher to pay remuneration (hereinafter referred to as the Contract).

2. This Agreement comes into force from the moment of its conclusion in accordance with the above conditions and is valid: in terms of the transfer of copyrights, during the period provided for in clause 1 of paragraph А.; in terms of other conditions, until the moment of execution by the Parties of assumed obligations. If the Work and/or Compiled Work are not accepted by the Publisher or its Authorized Person, this Agreement does not enter into (loses) force.

3. The Parties agreed that, in accordance with applicable law and the terms of this Agreement, they allow and recognize the reproduction of the text of this Agreement, the Contract, and/or other documents confirming the fact that the Author has committed implied actions and the Author’s accession to the terms of the Agreement (other necessary and mandatory documents thereto referred to in this Agreement) through the use of mechanical, electronic, or other means of copying the handwritten signature and text of the Agreement (signature), which will have the same force as the original signature of the Party or the original document. Facsimile (electronic) copies of documents are valid and have equal legal force along with the original ones.

4. The Author (Coauthor), in accordance with the applicable legislation, during the term of the Agreement and for the purpose of execution by the Parties to the Agreement hereby consents to the processing of his personal data by the Publisher or its authorized persons, namely: to perform any action (operation) or a set of actions (operations) performed using automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution , provision, access), depersonalization, blocking, deletion, destruction of personal data specified by the Author (Coauthor) in this Agreement. The Publisher undertakes not to disclose to third parties or distribute personal data without the consent of the subject of personal data, except in cases expressly provided for by applicable law.

5. The Author hereby agrees and allows the Publisher or its Authorized Persons to use the email address, postal address, telephone number specified by the Author (Coauthor) in accordance with this Agreement, for the purpose of maintaining correspondence with the Author (Coauthors), sending him/her (them) information, messages relating to activities under the Agreement and/or arising from or related to this Agreement.

H. Governing (applicable) legislation

1. This Agreement and any claim, dispute, or controversy (including noncontractual claims, disputes, or controversies) arising out of or in connection with the Agreement or in connection with the scope of the Agreement shall be governed by and construed in accordance with English law.

2. The parties hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of England for the settlement of claims, disputes, or controversies (including noncontractual claims, disputes, or controversies) which may arise out of or in connection with this Agreement or the scope of this Agreement (including disputes relating to its existence, validity, formation, operation, interpretation, performance, or termination of this Agreement), and that, accordingly, any legal proceeding or action arising out of or in connection with this Agreement or its scope (including its existence, effectiveness, formation, operation, interpretation, execution, or termination) (hereinafter, the Proceedings) must be brought in the specified courts. Each Party waives (and will not raise in the future) any objection on the basis of inconvenience or otherwise, to Proceedings in the courts of England. Each Party irrevocably agrees that any judgment or injunction against it in a case brought in England shall (provided that it is not appealed or pending an appeal) be final and binding on it and may be subject to enforcement in the courts of any other jurisdiction.

3. The language of court proceedings must be English.

I. Publisher:

Pleiades Publishing, Ltd.:
Tropic Isle Building, P.O. Box 3331, Road Town, Tortola, British Virgin Islands

Pleiades Publishing, Inc.:
USA, State of Delaware, 2711 Centerville Road, Suite 400, City of Wilmington, Country of New Castle, Delaware 19808 USA