By default, all datasets added into SBGrid Data Bank (SBDB) are granted the CC0 Public Domain Dedication Waiver. The SBDB uses CC0 by default for all datasets because CC0 has name recognition in the scientific community, making it a familiar option for data (for which in general copyright does not apply), and is in use by repositories as well as scientific journals that require the deposit of open data. The CC0 Public Domain Dedication Waiver is similar to terms under which macromolecular coordinates are distributed by the Protein Data Bank and is also compatible with existing patents that might cover structural information.

For more information on CC0, please visit the Creative Commons website (http://creativecommons.org/about/cc0).

Acceptance of Terms

The following terms and conditions govern all use of the SBGrid Data Bank application (the Site) and the services available on or at the Site (the Site and the services taken together, the Service) by you and any third parties who use your account. Use of the Service is offered subject to acceptance of and compliance with all of the terms and conditions contained herein (the General Terms of Use) and all other applicable operating rules, policies and procedures of the Service. By clicking “I accept” and/or by your use of the Service, you agree and accept all the terms in this General Terms of Use document (“Agreement”).

Modification of Terms

The SBGrid Data Bank reserves the right, at its sole discretion, to modify or replace any of the terms in this Agreement at any time without prior notice to Users. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes.

Definitions

Account - A User-controlled means of access to SBGrid Data Bank that is protected by a login username and password, with which Users can obtain access to the SBGrid Data Bank's uploading functionalities.

Aggreement - The General Terms of Use in its entirety.

Author (or Contributor) – The person(s) from whom the data within the dataset originated; the person(s) who conducted the research that led to the creation of the dataset. This person can but need not be the same as the Depositor.

Content - Any information, data, text, software, scripts, graphics, and interactive features found on the SBGrid Data Bank application.

Curation - The actions of any User on the SBGrid Data Bank application that organize, shape, or otherwise edit the state, status, configuration, or content of any datasets.

Data Usage License Agreement - The license agreement between a Depositor and a Downloader governing the limits and restrictions (or lack thereof) of how the downloaded User Submissions can be used.

Dataset - A study, experiment, or set of observations that is uploaded by a User. A dataset can comprise a single file or multiple files.

Depositor - The User who uploads a collection of data files as a dataset to the SBGrid Data Bank.

Download Data - Information collected whenever a dataset is downloaded, including but not limited to IP address, time of download, and downloaded file name.

Harvard - Harvard University, legally defined as The President and Fellows of Harvard College, a Massachusetts nonprofit educational corporation.

SBGrid - The SBGrid Software Consortium Service Center at Harvard’s Department of Biological Chemistry and Molecular Pharmacology.

SBGrid Data Bank - The repository application server as a whole, including all Services, Content, and related features.

Metadata - Accompanying information, either in a separate file or otherwise included in the dataset materials, about a particular dataset, including but not limited to Author’s name, publishing date, title of data contents, description of contents, and other such related information.

Publish - A function available for User Submissions by which Users can make their dataset containing data files publicly available and publicly searchable on the SBGrid Data Bank application search engine and third-party search engines (e.g., Google Search or Bing Search).

Restricted User Submissions - Any User Submissions that are published with either the SBGrid Data Bank's Data Use Agreement.

Service - the SBGrid Data Bank application and all of the available services, functions, and capabilities afforded on the application.

Site - the SBGrid Data Bank application and server.

Spamming - Any unauthorized or unsolicited advertising, junk or bulk e-mail, messages, comments, or other communications directly or indirectly stemming from use of the SBGrid Data Bank application, including but not limited to comments posted to Author’s dataset pages and messages or other communications sent to User’s email addresses, accounts, or other means of contact.

Sufficient length of time - Any period of time as obligated by any pre-existing legal contract, such as with the subjects concerned in the research data, or with the institution that is sponsoring or that sponsored the research undertaking. If no such obligation exists, then the requisite length shall be any reasonable amount of time as designated by the SBGrid Data Bank's administrators in its sole discretion.

Unpublished Dataset - An uploaded dataset that has not yet been made available to the public and is viewable only to the Depositor or other users to whom the Depositor has granted access.

Unrestricted User Submissions - Any User Submissions that are published with a default CC0 public domain dedication waiver agreement.

Use of Service - Any access to, use of, or other action involving the SBGrid Data Bank application’s functions, services, resources, and repository of datasets, including but not limited to any uploading, posting, submitting, storing, searching for, downloading, distributing, facilitating distributions, and otherwise utilizing any Content found on the SBGrid Data Bank application.

User - Any individual or entity who owns and/or controls a registered account on the SBGrid Data Bank.

User Submissions - Uploaded datasets.

User Uploads - Any uploaded, submitted, disclosed, distributed, or otherwise posted content by a User, including but not limited to new datasets, Metadata information, descriptive information for dataset download pages, and other contributions either originating from the User or originating from a third-party author who gave permission to the User to disseminate on the SBGrid Data Bank application.

General Rules of Conduct

In using the Service, you represent that:

1. you have read and understood the Site’s Community Norms (https://data.sbgrid.org/policies); and
2. you have read and understood the Site’s Privacy Policy (https://data.sbgrid.org/policies).

You shall abide by all applicable local, state, national and international laws and regulations in your Use of the Service, and your Use of Service shall not:

1. infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
2. be unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, or otherwise offensive or unlawful;
3. constitute Spamming;
4. cause, introduce into the Service, or otherwise use software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment, or that are designed or intended to damage or obtain unauthorized access to any system, data files or other information of the SBGrid Data Bank or any third party;
5. impose an unreasonable or disproportionately large load on the SBGrid Data Bank's (or its third party providers’) infrastructure (to be determined by the SBGrid Data Bank in its sole discretion);
6. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
7. bypass any measures the SBGrid Data Bank may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

Conduct Requirements

As both a registered User and an unregistered Guest, you are able to download publicly available Content from the SBGrid Data Bank. As a condition to your gaining full Use of Service, you are required to be logged into an Account on the SBGrid Data Bank. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account password. You shall never use another user’s account without the other user’s express permission. You will immediately notify the SBGrid Data Bank in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

In having an account on the Service, you acknowledge that:

1. your account details (including first name, last name, email address, and username) are searchable by other Users;
2. your account details may be recorded when you download datasets, and that information can then be viewed by the owner of the User Upload; and
3. your first name, last name, and affiliation will be displayed on the Service in connection with your User Uploads.

In your access to and use of the SBGrid Data Bank, you acknowledge that you have fully read and accepted the SBGrid Data Bank Terms of Use in its entirety (https://data/sbgrid.org/policies), in addition to these Conduct Requirements.

User Uploads

Services

The Service provides you with the ability to post User Uploads and display, and distribute User Uploads by creating a dataset.

The SBGrid Data Bank has no obligation to monitor the Site, Service, Content, or User Uploads. The SBGrid Data Bank may remove any User Upload at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Upload), or for no reason at all.

You acknowledge that the SBGrid Data Bank does not endorse, take responsibility for, or make any representations or warranties for any User Uploads, and will not be liable for 1) User Upload content, format, Metadata, or lack thereof; 2) representations or warranties made by the User about the User Uploads; and 3) any loss of or damage to User Uploads, either in whole or in part, from whatever cause.

Restrictions

In contributing Content to the site, you must ensure that the Content complies with the Terms of Use. If your User Upload does not comply with the Terms of Use, the SBGrid Data Bank has the right in its sole discretion to take down your User Upload. The SBGrid Data Bank does not review all User Uploads before they are made available on the Site, or before they are published. Therefore, you will be held legally and financially responsible for all damages if Content you contribute violates anything in this Agreement.

By posting User Uploads, or by allowing others to do so, you make the following representations and warranties to the SBGrid Data Bank:

1. User Uploads do not infringe upon the copyrights or other intellectual property rights, including, but not limited to patent, trademark, trade secret, copyright, right of publicity or other right of any third party;
2. User Uploads do not violate any laws;
3. In the event you become aware of any issues after submitting a User Upload, you will promptly notify the SBGrid Data Bank Administrator(s) of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Uploads;
4. User Uploads do not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data files, or other information of the SBGrid Data Bank or any third party;
5. User Uploads have been given all relevant, obligatory, and applicable approvals for posting such materials with the content included and in the format uploaded, including but not limited to approvals from the Institutional Review Board and third parties with whom Users have relevant contractual obligations; and
6. User Uploads must be void of all identifiable information, such that re-identification of any subjects from the amalgamation of the information available from all of the materials uploaded under any one author and/or User should not be possible. Specifically, User Uploads cannot contain social security numbers; credit card numbers; medical record numbers; health plan numbers; other account numbers of individuals; or biometric identifiers (fingerprints, retina, voice print, DNA, etc.). The only exceptions for when identifiable information is allowed are when:
1. the information has been previously released to the public;
2. the information describes public figures, where the data relates to their public roles or other non-sensitive subjects;
3. a sufficient length of time has passed since the collection of the information;
4. all identified subjects have given explicit informed consent allowing the public release of the information in the dataset; or
5. all identified subjects are deceased and no federal statute explicitly restricts the release of the data (this exception is only for federal records where data is created by a U.S. federal government agency or under a federal contract).

Licenses and Permissions to the SBGrid Data Bank

You grant to the SBGrid Data Bank all necessary permissions and required licenses to make the Content you submit or deposit available for archiving, preservation and access, within the Site and the Data Preservation Alliance for Structural Biology (“Data-PASB, http://data-pasb.org”). This includes, without restriction, permission to:

1. re-disseminate copies of the Content in a variety of distribution formats according to the standard terms of use of the SBGrid Data Bank;
2. promote and advertise the Content in any publicity (in any form) for Data-PASB and the SBGrid Data Bank;
3. describe, catalog, and document the User Submissions;
4. store, translate, copy or re-format the Content in any way to ensure its future preservation and accessibility, and improve usability and/or protect respondent confidentiality; and
5. incorporate Metadata or documentation in the Content into public access catalogues.

You also grant to the SBGrid Data Bank all necessary permissions, waivers and required licenses to share any Published Content’s metadata you submit or deposit with the SBDB (data.sbgrid.org).

You represent and warrant that you are lawfully entitled and have full authority to license to the SBGrid Data Bank the Content you submit or deposit in the ways described in these Terms of Use; and you are not under any obligation or restriction created by law, contract or otherwise that would prevent you from entering into and fully performing these Terms of Use.

None of the above supersedes any prior contractual obligations with third parties that require any information to be kept confidential. Nothing in this Agreement obligates you to disclose information to the SBGrid Data Bank if such information is otherwise confidential or proprietary. The SBGrid Data Bank does not approve User Uploads before they are posted; therefore, you are solely responsible for the User Submissions you post on or through the Service and all possible confidentiality or other privacy issues that may arise from your posting any User Uploads.

User Submission Data Usage License Agreement

You acknowledge that the SBGrid Data Bank’s data usage license agreement for all uploaded materials is a Creative Commons Zero (“CC0”) Public Domain Dedication Waiver. For more information, please visit the Creative Commons Zero Full Legal Text (https://creativecommons.org/publicdomain/zero/1.0/legalcode).

The SBGrid Data Bank is not responsible for any inaccuracies, unenforceable terms, or liabilities that may arise from data released under Creative Commons Zero Public Domain Dedication Waiver.

Downloading User Submissions

The Site represents that it will use all reasonable efforts to maintain open access to datasets for users to download, subject to Depositor’s restrictions and any applicable legal restrictions. The Site collects and stores Download Data from each download for all users (both registered and guest), which can then be downloaded and accessed by the Depositor. Downloaders must be registered Users of the Site or agree to the Guest Terms of Use in order to take advantage of the Site’s Services, including downloading any materials or datasets.

Downloaders represent that, in downloading any material from the Site, they:

1. have read and understood the Site’s Community Norms
2. will abide by the CCO Public Domain Dedication Waiver;
3. acknowledge that their account information (for Users) or temporary site identification information (for Guests) may be recorded upon download, which can then be viewed by the owner of the User Upload; and
4. have done their due diligence in ensuring that they do not download and use any datasets or other materials where prohibited by applicable law.

Termination

The SBGrid Data Bank may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTIES

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER UPLOADS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, THE SBGRID DATA BANK DOES NOT WARRANT THAT: (A) THE CONTENT OR USER UPLOADS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT IN THEIR POSTED FORMS ON THE SERVICE; (B) THE SERVICE WILL BE SECURE ; (C) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SITE, CONTENT OR ANY USER UPLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY CONTENT IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HARVARD, SBGRID OR THE SBGRID DATA BANK AND ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

Indemnification

You will indemnify and hold Harvard, SBGrid and the SBGrid Data Bank harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from (i) your use or misuse of the Service; (ii) your access to the Site; (iii) your violation of the Terms of Use; or (iv) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including but not limited to infringements upon any and all representations made by you in this Agreement. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

Dispute Resolution

You and the SBGrid Data Bank agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes under these Terms of Use will be resolved in the applicable state or federal courts of Massachusetts. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.

Integration and Severability

This Agreement is the entire agreement between you and the SBGrid Data Bank with respect to the Service and use of this Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the SBGrid Data Bank with respect to this Site (but excluding the use of any third-party software, widgets, and applications that may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

The SBGrid Data Bank may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect outside the specified terms of this Agreement. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

This is an agreement (“Agreement”) between you the downloader (“Downloader”) and the owner of the materials (“User”) governing the use of the materials (“Materials”) to be downloaded.

I. Acceptance of this Agreement

By downloading or otherwise accessing the Materials, Downloader represents his/her acceptance of the terms of this Agreement.

II. Modification of this Agreement

Users may modify the terms of this Agreement at any time. However, any modifications to this Agreement will only be effective for downloads subsequent to such modification. No modifications will supersede any previous terms that were in effect at the time of the Downloader’s download.

III. Use of the Materials

Use of the Materials include but are not limited to viewing parts or the whole of the content included in the Materials; comparing data or content from the Materials with data or content in other Materials; verifying research results with the content included in the Materials; and extracting and/or appropriating any part of the content included in the Materials for use in other projects, publications, research, or other related work products.

A. Representations

In Use of the Materials, Downloader represents that:

1. Downloader is not bound by any pre-existing legal obligations or other applicable laws that prevent Downloader from downloading or using the Materials;
2. Downloader will not use the Materials in any way prohibited by applicable laws;
3. Downloader has no knowledge of and will therefore not be responsible for any restrictions regarding the use of Materials beyond what is described in this Agreement; and
4. Downloader has no knowledge of and will therefore not be responsible for any inaccuracies and any other such problems with regards to the content of the Materials and the accompanying citation information.

B. Restrictions In his/her Use of the Materials, Downloaders cannot:

1. obtain information from the Materials that results in Downloader or any third party(ies) directly or indirectly identifying any research subjects with the aid of other information acquired elsewhere;
2. produce connections or links among the information included in User’s datasets (including information in the Materials), or between the information included in User’s datasets (including information in the Materials) and other third-party information that could be used to identify any individuals or organizations, not limited to research subjects; and
3. extract information from the Materials that could aid Downloader in gaining knowledge about or obtaining any means of contacting any subjects already known to Downloader.

IV. Representations and Warranties

USER REPRESENTS THAT USER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, USER DOES NOT WARRANT THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE ; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET DOWNLOADER’S REQUIREMENTS. DOWNLOADER’S USE OF THE MATERIALS IS SOLELY AT DOWNLOADER’S OWN RISK.

V. Limitation of Liability

IN NO EVENT SHALL USER BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

VI. Indemnification

Downloader will indemnify and hold User harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the i) Downloader’s misuse of the Materials; (ii) Downloader’s violation of the terms of this Agreement; or (iii) infringement by Downloader or any third party of any intellectual property or other right of any person or entity contained in the Materials. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

VII. Dispute Resolution

Downloader and User agree that any cause of action arising out of or related to the download or use of the Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes under this Agreement will be resolved in the applicable state or federal courts of Massachusetts. Downloader consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available.

VIII. Integration and Severability

This Agreement represents the entire agreement between Downloader and User with respect to the downloading and use of the Materials, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Downloader and User with respect to downloading or using the Materials. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.

IX. Miscellaneous

User may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

This document is currently under review. Please refer to Dataverse Privacy Policy http://best-practices.dataverse.org/harvard-policies/sample-dua.html