Other DataWiz installations are free to use these as templates for setting up their own policies, terms of use and guidelines.

DataWiz General Terms of Use

Acceptance of Terms

The following terms and conditions govern all use of the DataWizZPID 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

DataWizZPID 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 DataWizZPID that is protected by a User-created login username and password, with which Users can obtain access to DataWizZPID’s functionalities.

Administrator – The User who controls a particular project.

Agreement – The General Terms of Use in its entirety.

Author – 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 DataWizZPID application.

Curation – The actions of any User on the DataWizZPID application that organize, shape, or otherwise edit the state, status, configuration, or content of any study or project.

Dataset – A data matrix and its corresponding codebook.

Depositor – The User who uploads a collection of files on the application.

DataWizZPID – application server as a whole not including unaffiliated ZPID sites like PsychData or the DataWiz Knowledge Base and not including DataWiz instances run by other institutions.

Metadata – Accompanying information, either on project level, on study level or on dataset level

Project – A project can comprise a data management plan, additional files and a single or multiple studies.

Registration Information – Information required registering for an Account.

(Access) Rights - By default users who have been invited to join a project do not possess any access rights (i.e. they can neither see project documentation nor download files or datasets). Upon accepting the Administrator’s invitation users may be assigned read rights (download of files and datasets, documentation visible but not editable) or write rights (upload and download of files and datasets, documentation editable).

Service – the DataWizZPID application and all of the available services, functions, and capabilities afforded on the application.

Site – the DataWizZPID application and server.

Share – A function available for Administrators by which Administrators can invite Users to join their project

Study – Includes the documentation of a (psychological) study and can include multiple datasets or other files that were uploaded by a User.

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

User – Any individual or entity who owns and/or controls a registered account on DataWizZPID

User Submissions – Uploaded files

User Uploads – Any uploaded, submitted, disclosed, distributed, or otherwise posted content by a User, including but not limited to new datasets, Metadata information and other contributions either originating from the User or originating from a third-party author who gave permission to the User to disseminate on DataWizZPID.

General Rules of Conduct

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. 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 DataWizZPID or any third party;
  4. impose an unreasonable or disproportionately large load on DataWizZPID’s (or its third party providers’) infrastructure (to be determined by DataWizZPID in its sole discretion);
  5. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
  6. bypass any measures DataWizZPID may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

Conduct Requirements

As a condition to your gaining Use of Service, you are required to register for and be logged into an Account on DataWizZPID. 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 DataWizZPID 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 may be recorded when you download datasets, and that information can then be viewed by the owner of the User Upload; and
  2. your email address, first name and last name will be displayed on the Service (within a Project) in connection with your User Uploads.

User Uploads

Services

The Service provides you with the ability to post User Uploads and display, organize, accept and distribute User Uploads by creating a project. The Service provides you with the ability to post User Uploads to other projects, which are administered by other Users and have been shared with you. The Service also allows you to share studies and projects with other Users by searching for their email address.

The Service also gives each Administrator the ability to change study access/download restrictions by granting access rights to users within the project. Studies are by default not visible to new users, but Administrators can modify these rights.

DataWizZPID has no obligation to monitor the Site, Service, Content, or User Uploads. DataWizZPID 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 DataWizZPID 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, DataWizZPID has the right in its sole discretion to take down your User Upload. DataWizZPID does review User Uploads before they are made available on the Site. 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 to your project or other projects, or by allowing others to do so, you make the following representations and warranties to DataWizZPID:

  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 DataWizZPID and the relevant project 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 DataWizZPID 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 Ethics Committees 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 (across datasets, studies and projects) 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 all identified subjects have given explicit informed consent allowing the public release of the information in the dataset.

Licenses and Permissions to DataWizZPID

You represent and warrant that you are lawfully entitled and have full authority to license to DataWizZPID 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 DataWizZPID if such information is otherwise confidential or proprietary. DataWizZPID 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.

Termination

DataWizZPID 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. If you wish to terminate your account, you may notify DataWizZPID at datawiz@zpid.de.

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, DATAWIZZPID 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 DATAWIZZPID 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 DataWizZPID 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 DataWizZPID agree that any cause of action arising out of or related to the Service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms are governed by the laws of Germany without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. The User agrees to the sole and exclusive jurisdiction and venue of the Trier District Court of Law in the event of any dispute of any kind arising from or relating to the DataWizZPID Services, or the User’s use or review of it.  However, DataWizZPID has the right to use the laws of another jurisdiction to get injunctive measures against the misuse of the DataWizZPID Service.

Integration and Severability

This Agreement is the entire agreement between you and DataWizZPID 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 DataWizZPID 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

DataWizZPID 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.