Acceptance of Terms
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.
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.
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:
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:
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.
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:
Licenses and Permissions to DataWizZPID
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.
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 email@example.com.
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.
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