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For editorial originality, Similarity Check helps editors compare the text of submitted papers for similarity.
Similarity Check is a service for editors who want an extra check. The service helps our members to actively engage in efforts to prevent scholarly and professional plagiarism by providing their editorial teams with access to Turnitin’s powerful text comparison tool, iThenticate. Watch the video below to find out more:
Watch the introductory animation in your language: français; español; português do Brasil; 简体中文; 日本語; 한국어; العربية; Bahasa Indonesia; or English below.
With editors under increased pressure to assess higher volumes of manuscript submissions each year, Similarity Check provides immediate feedback regarding a manuscript’s similarity to other published academic and general web content. And as the iThenticate database contains over 50 million full-text scholarly content items, editors can be confident that Similarity Check will provide a comprehensive and reliable addition to their workflow.
As members contribute their own published content into iThenticate’s database of full-text literature, the service is open to any Crossref member who is actively publishing and assigning Crossref DOIs to their journal article content.
Benefits
While there are several plagiarism screening tools available, Similarity Check participants enjoy cost-effective use of iThenticate because they contribute their own published content into Turnitin’s database of full-text literature. This means that as the number of participants grows, so too does the size of the database powering the service. More content in the database, means greater peace of mind for editors looking to determine a manuscript’s originality.
Turnitin also provides our members with access to additional features in iThenticate, such as enhanced text-matches within the document viewer. And with access to Turnitin’s dedicated Similarity Check support team, our members always have a direct line to Turnitin in order to discuss any technical or billing queries.
How it works
In return for a reduced fee for access to iThenticate, Similarity Check members allow Turnitin to index their full catalogue of current and archival published content as this ensures the highest level of text-matching accuracy. This means that the service is only available to members who are actively publishing DOI-assigned content.
Turnitin index members’ content directly via their Content Intake System. Their CIS accesses our metadata daily to collect the full-text content links provided by our members within their DOI deposit metadata. Turnitin follow these URLs and index the content found at each location. If full-text content is protected by authentication, then the member’s hosting provider must whitelist Turnitin’s IP range to ensure their content is accessible for indexing purposes.
On application to join, members must ensure they have full-text URLs present in at least 90% of their article-level metadata (across all the member’s journal prefixes, if applicable). These URLs need to point directly to the full-text PDF, HTML or plain text content. Members must also ensure that these links are included in all future deposits too.
Once members meet the eligibility criteria for Similarity Check, Turnitin will provide them with access to iThenticate. Using iThenticate, members will be able to upload their own manuscripts to compare against the full corpus of published academic and general web content in Turnitin’s database. iThenticate provides a similarity score and a highlighted set of matches to similar text. Editors can then further review matches in order to make their own decision regarding a manuscript’s originality.
How to participate
If you’re a Crossref member and are assigning article-level DOIs which include the URL to the full-text PDF, HTML or plain text content for Similarity Check, then you’re eligible to join the service.
Your first step is to check that you have in fact included full-text URLs for Similarity Check in at least 90% of your Crossref article-level DOI deposits. You can check this using the widget below - just type your account name in the box below, select the correct one from the list, and your result will be automatically calculated.
If you do meet the obligations, the widget will link you to a form to apply for Similarity Check. If you don’t meet the obligations, the widget will allow you to download a CSV showing all your DOIs that don’t have the links, and instructions for how to add them.
The team at Turnitin will receive this application, and will send you their terms and conditions to sign. They’ll also ask us to raise a pro-rated invoice for your Similarity Check service fee. And finally, the team at Turnitin will check that they can access your content. Please note: if your full-text content is protected by authentication, then you’ll need to ask your hosting provider to whitelist Turnitin’s IP range to ensure your content is accessible for indexing purposes. Do make sure that this is done before you apply.
It looks as though you haven’t deposited any content with us yet. To be eligible for Similarity Check you need to be registering content with us and including urls for Similarity Check that point to the full text article for at least 90% of your content. You can find out more about how to register content here and more about the full-text urls for Similarity Check here. If you aren’t registering journal articles and instead are registering other content types (for example, conference papers) please get in touch with our membership team.
Obligations and fees
Fees
Similarity Check fees are in two parts: a per-document checking fee and an annual administrative fee. Per-document checking fees are paid directly to Turnitin and are significantly less than those charged by Turnitin to stand-alone iThenticate users. Additionally, volume discounts also apply. The annual administrative fee is paid to us and is set at 20% of your Crossref annual membership fee.
Similarity Check is a program being offered by Crossref to its members, on an optional basis. Similarity Check is designed to aid Crossref members in identifying circumstances in which works being considered for publication may have been previously published in whole or in part by (i) facilitating the creation of the Similarity Check Database, (ii) identifying appropriate providers of software tools that can compare the text of works being considered for publication to the text of other works, including those in the Similarity Check Database, and (iii) establishing general recommended terms of participation for Participating Publishers and the identified software provider.
All Crossref members who currently meet the member obligations shall be eligible to participate in Similarity Check. Participating members must make their content (as further defined below) available for inclusion in the Similarity Check database. To meet the required level of participation, the participating member must deposit the content associated with at least 90% of deposited DOIs for full text journal articles, although 100% inclusion of full text content in machine readable form (journal articles, conference proceedings articles, books and books chapters and theses and dissertations) (“the publisher content”) is the agreed goal. Components (defined as subparts of content that are generally not citable) and datasets will not be included, and will not be considered “content” for purposes of determining the level of participation. This requirement will also apply to the content associated with the participating members DOI’s deposited monthly with Crossref on an ongoing basis.
In addition, all participating members will enter into an agreement directly with the plagiarism detection vendor (the “vendor”) providing the software platform for Similarity Check. A form agreement can be found here: Similarity Check Service Agreement.
In addition, all Participating Publishers will enter into an agreement directly with the plagiarism detection vendor (the “Vendor”) providing the software platform for Similarity Check. A form agreement can be found here: Similarity Check Service Agreement.
Qualifications:Each Similarity Check participating member should comply with the service level standards and reporting obligations contained in the vendor’s agreement with Similarity Check, and in the vendor’s agreement with each participating member:Must make content available in the Similarity Check database on an ongoing basis, within no more than 7 days of digital availability, by both registering DOIs for the content with Crossref within this period, and enabling vendor to index the content. (Failure of the vendor to index content made available by a participant will not affect the right of the participating member to use Similarity Check. The participating member is only responsible for making content available for indexing. Failure to make content available for indexing could result in suspension of Similarity Check.)
Must deposit with Crossref, along with DOIs for the publisher content, full, correct and current metadata, including article title, and all authors.Must make the full text of the content available, as part of the Similarity Check database, to other participants in the context of the interface provided by the vendor as part of the content checking process. Users of the vendor’s service who are not participating members will only see snippets of text with a DOI link to the participating member’s site, where the participating member will have full discretion to determine whether and on what terms to user may be given access to the full text.
May not submit works to be checked against the Similarity Check database through the vendor’s service until all the journal articles included in the content has been made available to the vendor for inclusion in the Similarity Check database (i.e., >90% of the journal content associated with the eligible participating member DOIs on deposit with Crossref).
Must have full-text URLs on deposit at Crossref that point to the full-text PDF (preferable), HTML or plain text content.Is responsible for verifying their in-house and outside editorial staff and reviewers do not use their access to Similarity Check as a “back-door” method for getting free full-text access to included content. The steps to be used to accomplish this should include (i) limiting access to the service to those employees and outside contractors who, in the participating member’s reasonable judgment, have a need to use the service; (ii) requiring each employee and contractor using the service to register using his or her real name and current job title; (iii) limiting submissions to the service for checking to those that pertain to content published by the participating member; (iv) taking reasonable steps to ensure that account information and passwords used to access the service are kept confidential and are not shared beyond the permitted users of the service; (v) submitting to an audit of users, to be conducted by the vendor at the vendor’s cost no more often than once per year, to determine if unauthorized users are being given or are getting access to the vendor’s services through the participating member; and (vi) taking reasonable steps to monitor use and potential abuse of the service, based on usage reports to be provided by vendor.Shall be entitled to the number of accounts with vendor that are reasonably necessary for the participating member to make use of the service, with no set limit on the number of accounts on a per-member basis.
Shall establish a procedure with the participating member for help desk and support questions regarding the use of the vendor’s software, and shall make arrangements for appropriate training for one or more persons including, where feasible, on-site training at the vendor’s facilities, to facilitate efficient contact between the participating member and vendor. The established procedure shall include the designation of a single point of contact with the participating member, unless otherwise agreed in the agreement between the participating member and vendor. Such individual agreements may also include additional support and service commitments on the part of the vendor.
- Must make Publisher Content available in the Similarity Check database on an ongoing basis, within no more than 7 days of digital availability, by both registering DOIs for Publisher Content with Crossref within this period and enabling Vendor to index Publisher Content. (Failure of the Vendor to index content made available by a participant will not affect the right of the Participating Publisher to use Similarity Check. The Participating Publisher is only responsible for making content available for indexing. Failure to make content available for indexing could result in suspension of Similarity Check for a Participating Publisher.)
- Must deposit with Crossref, along with DOIs for the Publisher Content, full, correct and current metadata including article title and all authors.
- Must make the full text of the Publisher Content available, as part of the Similarity Check Database, to other Participating Publishers in the context of the interface provided by the Vendor as part of the content checking process. Users of the Vendor’s service who are not Participating Publishers will only see snippets of text with a DOI link to the Participating Publisher’s site, where the Participating Publisher will have full discretion to determine whether and on what terms to user may be given access to the full text.
- May not submit works to be checked against the Similarity Check Database through the Vendor’s service until substantially all the journal articles included in the Publisher Content has been made available to the Vendor for inclusion in the Similarity Check database (i.e., >90% of the journal content associated with eligible Participating Publisher DOIs on deposit with Crossref).
- Must have full-text URLs on deposit at Crossref that point to the full-text PDF (preferable), HTML or plain text content.
- Is responsible for verifying that their in-house and outside editorial staff and reviewers do not use their access to Similarity Check as a “back-door” method for getting free full-text access to included content. The steps to be used to accomplish this should include (i) limiting access to the service to those employees and outside contractors who, in the Participating Publisher’s reasonable judgment, have a need to use the service; (ii) requiring each employee and contractor using the service to register using his or her real name and current job title; (iii) limiting submissions to the service for checking to those that pertain to a publication published by the Participating Publisher; (iv) taking reasonable steps to ensure that account information and passwords used to access the service are kept confidential and are not shared beyond the permitted users of the service; (v) submitting to an audit of users, to be conducted by the Vendor at the Vendor’s cost no more often than once per year, to determine if unauthorized users are being given or are getting access to the Vendor’s services through the Participating Publisher; and (vi) taking reasonable steps to monitor use and potential abuse of the service, based on usage reports to be provided by Vendor.
- Shall be entitled to the number of accounts with Vendor that are reasonably necessary for the Participating Publisher to make use of the Service, with no set limit on the number of accounts on a per-member basis.
- Shall establish a procedure within the Participating Publisher for help desk and support questions regarding the use of the Vendor’s software, and shall made arrangements for appropriate training for one or more persons including, where feasible, on-site training at the Vendor’s facilities, to facilitate efficient contact between the Participating Publisher and Vendor. The established procedure shall include the designation of a single point of contact with the Participating Publisher unless otherwise agreed in the agreement between the Participating Publisher and Vendor. Such individual agreements may also include additional support and service commitments on the part of the Vendor.
- Shall establish a procedure for informing authors that works submitted for publication may be checked through a plagiarism detection system and that, as part of this process, the submitted work will be copied for internal checking purposes and that a copy may be retained, although not further disseminated or integrated into the Similarity Check or other, Vendor supplied databases.
Shall establish a procedure for informing authors that works submitted for publication may be checked through a plagiarism detection system and that, as part of this process, the submitted work will be copied for internal checking purposes and that a copy may be retained, although not further disseminated or integrated into the Similarity Check or other, vendor supplied databases.
Similarity Check Monitoring and Verification
After an initial start up period of 3 months from the commencement of participation by a particular member, Crossref will have the ability to review the level of participation of Participating Publishers to confirm that they are meeting the obligations of the service. A Participating Publisher who meets those qualifications will have two status indicators available for use. We expect that members will find it valuable to highlight their participation in Similarity Check to demonstrate that they are adding value to the editorial process and cooperating to help ensure that content published as original is properly identified. Suitable logos will be developed that indicate Similarity Check participation, as follows:
“Similarity Check depositor”: May be displayed on a participants website and at other locations as set forth in the Similarity Check trademark guidelines to indicate that the member has satisfied the requirements for participating in Similarity Check. This will, by implication, indicate that the member is being a “good citizen” in the fight against plagiarism. However, the use of this status indicator does not carry any implication with respect to the plagiarism status of the participating members works.
“Similarity Check deposited”: May be displayed on articles or other relevant content to indicate that the item has been deposited into the Similarity Check database. This can act as warning to those who might plagiarize the item.These phrases and the associated logos will be factual indications that the member participates in Similarity Check and that a particular work is included in the database used by Similarity Check. Their use does not give any indication or assurances about the content of the particular works with which they are associated, including about whether the particular work contains or does not contain plagiarized materials.
During the period that the initial plagiarism detection vendor, Turnitin LLC., is the sole vendor for Similarity Check, use of the Similarity Check trademarks and/or logos, as described in these Terms and Conditions, will include the phrase “Powered by iThenticate.”
These phrases and the associated logos will be factual indications that the member participates in Similarity Check and that a particular work is included in the database used by Similarity Check. Their use does not give any indication or assurances about the content of the particular works with which they are associated, including about whether the particular work contains or does not contain plagiarized materials.
FAQs
Do I need to be a Crossref member to join Similarity Check?Similarity Check is only available to Crossref members.
What technology are you using to provide this service?We have partnered with leading plagiarism screening systems vendor Turnitin to create the Similarity Check database and to use their iThenticate tool for checking documents against the database. As a Similarity Check member, you will need to sign a service agreement with Turnitin to use their system and to provide them with access to your full-text content. This agreement has been fully reviewed and approved by us and several of our members and should not require any additional negotiation.
What is the difference between Similarity Check and iThenticate?Similarity Check is a service specifically for our members. It provides members with cost-effective access to the iThenticate text comparison software from Turnitin. Other organizations and individuals can use the iThenticate service directly by contacting iThenticate.
Similarity Check members benefit from a tailored iThenticate experience that includes read-only access to the full text of articles in the Similarity Check database for comparison purposes, discounted checking fees and unlimited user accounts per organization.
I’m not able to include full-text URLs in my metadata. Can Turnitin index my content using another method?No. To ensure the most robust, secure and complete indexing of content, Turnitin is only able to support the direct-indexing method. This involves following the URLs that member’s provide in their Crossref metadata to find and index full-text content. Turnitin do also operate a general web crawler, called Walker, but this crawler targets general web content and is not suitable for comprehensively indexing full-text, published academic content.
To see which Crossref members are registering full text Similarity Check URLs visit Participation Reports (beta). These reports give a clear picture for anyone to see the metadata Crossref has including full text Similarity Check URLs used by Turnitin to index full text content. This is data that’s long been available via our Public REST API, now visualized.
Please contact our membership team with any questions or to get set up, or contact our support team for any technical or troubleshooting questions.
For iThenticate user help, please refer to Turnitin’s Similarity Check User Manual or get in touch with their support team at ccsupport@ithenticate.com
Turnitin End-User License Agreement
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You agree to use the Services only for purposes that are permitted by (a) this User Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services or Site by any means other than through the interface that is provided by Turnitin. You agree not to access (or attempt to access) any of the Services or Site through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in any robots.txt file present on the Services or Site.
You may not transmit any papers or Communications on or through the Site that (a) restricts any other user's enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Turnitin reserves the right, but shall have no obligation to edit or remove any Communication, in whole or in part, that in Turnitin's sole discretion is objectionable, disruptive to the Site or in violation of this User Agreement. Turnitin reserves the right to immediately suspend Your access to the Site in the event of any violation of this provision.
As a condition of Your use of the Site and the Services, You agree that You will not use the Site for any purpose that is unlawful or prohibited by this User Agreement. Except as provided in this User Agreement, any use of any the Services on any other Web site or networked computer environment for any purpose is prohibited. You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without Turnitin's express written consent.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ('DMCA'), Turnitin is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Copyright Agent:
Chief Financial Officer
c/o Turnitin
2101 Webster Street, Suite 1800
Oakland, CA 94612
Email: contracts@turnitin.comTurnitin respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied by a third party and posted to the Site in a way that constitutes copyright infringement, please provide Turnitin's Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that You claim has been infringed; 3. A description of where the material that You claim is infringing is located on the Site; 4. Your address, telephone number, and email address; 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
If You materially misrepresent material on the Site as infringing, when it is not, or when You are not the lawful copyright holder, You may be liable for damages, including court costs and attorneys fees.
You hereby acknowledge that the DMCA notice does not cover a circumstance in which a paper or other Communication You submitted has been archived on the Site. You agree not to submit a DMCA notice claiming direct infringement by Turnitin. Turnitin will not respond to such notices.
Privacy
By entering this User Agreement, You further represent that You have read and understand the Privacy Policy (set forth at: http://www.turnitin.com/en_us/about-us/privacy) and agree to its terms.
Warranty Disclaimer
THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED 'AS IS,' WITH ALL FAULTS, AND 'AS AVAILABLE'. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DO NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER'S DATA, COMPUTERS, OR NETWORKS. TURNITIN, ITS AFFILIATES, VENDORS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
Turnitin is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. Communications submitted by users do not necessarily represent the view or opinions of Turnitin. Turnitin does not preview user Communications before they appear on the Site. Turnitin will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Turnitin retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
Due to routine maintenance, updates or other technical reasons, the Site and the Services may be temporarily unavailable from time to time. Turnitin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any paper submitted by You or any User Communications. Turnitin is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any Authorized User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Services.
Limitation of Liability
NEITHER TURNITIN, NOR ITS AFFILIATES, VENDORS AND LICENSORS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF SUCH PARTIES OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.
IF YOU ARE A CUSTOMER OR THEIR REPRESENTATIVE, INCLUDING AN ADMINISTRATOR OR INSTRUCTOR, YOU AGREE THAT REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, IN NO EVENT WILL TURNITIN, ITS AFFILIATES, VENDORS OR LICENSORS, BE LIABLE FOR: (I) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON ANY ORIGINALITY REPORT OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR ANY LIABILITY ARISING FROM YOUR DISCLOSURE OF AN ORIGINALITY REPORT TO ANY THIRD PARTY.
Sole Remedies
IF YOU ARE A STUDENT, EDITOR OR INSTRUCTOR, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS USER AGREEMENT, IF YOU ARE A CUSTOMER, TURNITIN AND ITS AFFILIATES', VENDORS' AND LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THIS USER AGREEMENT, THE SITE AND THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS, IF ANY, PAID TO TURNITIN BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS TURNITIN'S LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ALSO CERTAIN SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO INJUNCTIVE RELIEF WITH REGARD TO THE USE OR ARCHIVING OF ANY PAPER SUBMITTED TO THE SITE.
Indemnification
To the extent allowed by applicable law, you agree to indemnify, defend and hold harmless, Turnitin, its affiliates, officers, directors, employees, agents, service providers and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from Your (a) use of the Site or the Services, (b) violation of any third party's rights, including intellectual property rights and privacy, (c) breach of applicable law, or (d) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between You and Turnitin and third-party claims. You agree to cooperate as reasonably required in the defense of any claim. Turnitin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of Turnitin. Your obligation to defend and indemnify Turnitin survives the termination of this User Agreement and Your use of the Site.
Modification of these terms and conditions
Turnitin reserves the right to change the terms, conditions, and notices under which the Site is offered from time to time and without prior notice.
General
(a) This User Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in Alameda County, California, U.S.A., in all disputes arising out of or relating to the use of the Site or the Services. You agree not to use the Site in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
(b) This User Agreement constitutes the whole legal agreement between You and Turnitin and governs Your use of the Services (but excluding any services which Turnitin may provide to You under a separate written agreement), and completely replace any prior agreements between You and Turnitin in relation to the Services, except for a Registration Agreement as provided below.
(c) This agreement is assignable by Turnitin, including in connection with the sale of its business or reorganization or reincorporation. You may not assign or transfer the agreement without the prior permission of Turnitin, including in connection with a change of control. You agree that no joint venture, partnership, employment or agency relationship exists between You and Turnitin, LLC as a result of this User Agreement or use of the Site or the Services.
(d) Turnitin's performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of Turnitin's right to comply with law enforcement requests or requirements relating to Your use of the Site or the Services or information provided to or gathered by Turnitin's with respect to such use.
(e) To the fullest extent permitted under applicable law, You agree that any claim or cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arose. Otherwise, such claim or cause of action is barred forever.
(f) You agree that Turnitin may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(g) If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the User Agreement shall continue in effect. You agree that if Turnitin does not exercise or enforce any legal right or remedy which is contained in this User Agreement (or which Turnitin has the benefit of under any applicable law), this will not be taken to be a formal waiver of Turnitin's rights and that those rights or remedies will still be available to Turnitin.
(h) The Site is controlled by Turnitin from its offices within the State of California, United States of America and the papers and personal data and any other information You submit to Turnitin may be submitted to and may be stored on its servers located in the United States. Turnitin makes no representation that materials in the Site are appropriate or available for use outside of the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with applicable laws.
(i) Turnitin, LLC and other names of Turnitin products and/or services included on the Site are the trademarks and service marks of Turnitin. Turnitin's trademarks and service marks may not be used in connection with any product or service that is not Turnitin's, in any manner that is likely to cause confusion among customers without express written permission. All other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners. Turnitin does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Turnitin or any other entity by virtue of Your use of the Site.
(j) The Site contains hyperlinks to third party Websites. External hyperlinks to or from the Site do not constitute Turnitin's endorsement of, affiliation with, or recommendation of any third party or its Web site, products, resources or other information. Turnitin is not responsible for any software, data or other information available from any third party Website. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that Turnitin shall have no liability for any damage or loss arising from Your access to, use of or reliance on any third party Web site, software, data, or other information.
(k) If You are an instructor, employee or agent of a Customer, the terms of the User Agreement are in addition to those contained in any written registration agreement or terms of use Customer may have with Turnitin, LLC (each, a 'Registration Agreement'). In the event of a conflict between this User Agreement and any such separate Registration Agreement, the terms of the Registration Agreement shall govern. Except in the event that your employer or client (in the case of an agent) has entered into a Registration Agreement with Turnitin, this User Agreement constitutes the entire agreement between the user and Turnitin's with respect to usage of the Site and the Services and it supersedes all prior communications and proposals, whether electronic, oral, or written, between the user and Turnitin's with respect to usage of the Site or the Services. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the User agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
**Section B (applicable only to Users in the European Union)
Turnitin is compliant with the General Data Protection Regulation (GDPR) effective as of 25 May 2018. The legal basis for the processing of Your Personal Data is that such processing is necessary for the performance of a task in the public interest or in the exercise of the official authority vested in the Controller (Article 6(1)(e) GDPR). The 'Controller' is the institution instructing You to submit Your work through the Turnitin service, and they have official authority to subject Your work to originality checks. As such, Your consent to such processing is not required. Turnitin's Data Protection Officer can be contacted at DPO@turnitin.com.
Where the Controller is not a public authority, processing of Your Personal Data is also lawful because it is necessary for the purposes of the legitimate interests pursued by the Controller (Article 6(1)(f) GDPR).
The provision of Your Personal Data is necessary in order for Your institution to perform its contract with Turnitin. You are obliged to provide Your Personal Data so that Your institution can carry out the official authority vested in it to assess Your work. Failure to do so may have adverse consequences with regard to Your relationship with Your institution or may be contrary to any terms of use You have agreed with your institution.
Turnitin may transfer Your Personal Data from the European Economic Area to the USA. When it does so, adequate safeguards are in place to ensure that the Personal Data is handled securely in the USA. Turnitin is Privacy Shield certified, a mechanism recognized by the European Commission as being adequate. Turnitin's Privacy Shield certification can be viewed at www.privacyshield.gov/list.
Turnitin adheres to the EU Model Contract Clauses on data transfer (according to EU Commission Decision 87/2010/EC). The EU Model Contract Clauses are also recognized as an adequate mechanism by the European Commission.
Where a sub-processor is utilized in the performance of the Turnitin Services, they will be restricted to those sub-processors that are necessary in the technical performance of the Services, such as data centre and software providers. Turnitin ensures that such sub-processors are GDPR compliant by way of written contracts.
Your Personal Data is encrypted in storage. Unless otherwise instructed by the Controller, it will be stored indefinitely in encrypted form and may be used to assess originality of other submissions in the future. Turnitin adds student papers to a private, proprietary database (which is not publically accessible) indefinitely unless its customer requests deletion of such Personal Data. Such archiving is compatible with the purposes for which the Personal data was collected.
You have the right to request from the Controller (Your institution) access to, rectification of, or erasure of Personal Data, or restriction of such processing as well as the right to Personal Data portability. You have the right to complain to the Controller and/or your national Supervisory Authority in the event of non-compliance.
No automated decision making or profiling is undertaken by Turnitin in relation to Your Personal Data.
Your institution may decide to process Your Personal data.
The terms and conditions in Section A above shall apply to your use of the Services, except that:
a. Turnitin's processing of your Personal Data is governed exclusively by the GDPR;
b. If a conflict between Section A and Section B exists, Section B shall govern; and
c. Consent to the processing of Your Personal Data is not required due to the lawful basis for processing described at Section B, paragraphs 1 and 2 above.
Your 'click-through' of this User Agreement signifies that you have read and understood the information within it.
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