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:
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:
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:
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@leibniz-psychology.org.
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.