*** ODC-SCI Terms and Conditions ***
Open Data Commons – Spinal Cord Injury (ODC-SCI) Informatics System Terms and Conditions (ODC-SCI Terms and Conditions)
Infrastructure Summary
The ODC-SCI Informatics System hosts preclinical SCI research data. For the purposes of this Agreement, preclinical data are defined as ‘not human subjects’ data (e.g., de-identified data from participants or animal subjects collected under Institutional Review Board and ethical approval) spanning a wide spectrum of injury severities, treatments, species and outcomes. To promote improved transparency, access, and reuse of datasets, researchers will contribute their own data and will enable and permit access to collaborators and others via user-friendly tools for data sharing and big-data analytics for knowledge discovery.
Use of the ODC-SCI Informatics System is managed in accordance with policies developed and/or approved by the ODC-SCI leadership. The ODC-SCI Informatics System is built on a FAIR data platform (primary site at https://scicrunch.org) that is maintained and managed by the FAIR Data Informatics Laboratory at the University of California, San Diego (UCSD-FDIL).
The ODC-SCI Informatics System’s data sharing infrastructure (the “Portal”) is organized into different data sharing spaces. The Principal Investigator controls the level of data sharing as determined by the data sharing spaces. The data sharing spaces are: “Personal” (only accessible to the uploader, the Principal Investigator, and specific Principal Investigator designates); “Lab Space” (accessible also to users belonging to the same verified ODC-SCI Laboratory (“ODC-SCI Lab”) as the uploader and Principal Investigator); “ODC-SCI Commons” (accessible also to users belonging to at least one verified ODC-SCI Lab); and “Public” (accessible to all users with an ODC-SCI account). When a Principal Investigator (or designate) submits a dataset for publication (i.e., moving the dataset into the Public space), the ODC-SCI Curation and Review Board (CRB) will review and approve the data for public release. Datasets published to the Public data sharing space will be released with a unique citation number under a creative commons 4.0 CC-BY open access license (https://creativecommons.org/licenses/by/4.0). Any visitor (the “User”) to the Portal will have access to the descriptive meta-data for public data sets.
“Authorized Users” (i.e., all Users that have an account on the ODC-SCI) will have access to the data contained within these public datasets. Each Authorized User shall be required to create an account by providing a valid email address and electronically accept the ODC-SCI Informatics System Terms and Conditions (“ODC-SCI Terms and Conditions”), the ODC-SCI Data Use Agreement (the “DUA”), and the Portal Privacy Policy. To be able to upload data and access data within the ODC-SCI Commons data sharing space, an Authorized User will need to be a member of a verified ODC-SCI Lab. To become a member of a verified lab (a “Laboratory User”), an Authorized User must first request to become an ODC-SCI Community Member (a “General Community Member”). The request will need to be approved by the ODC-SCI leadership through a review process that may require submission of additional details regarding affiliation and the intended use of the ODC-SCI Portal and hosted datasets. A General Community Member can request to join a verified ODC-SCI Lab which then requires a final step of approval from the respective ODC-SCI Lab’s Principal Investigator. A General Community Member or Laboratory User can also register a new verified ODC-SCI Lab by submitting a “New Lab” request. The request submitter must agree to the ODC-SCI Lab Agreement, and the request will be reviewed by the ODC-SCI leadership. In unusual circumstances when a new ODC-SCI Lab registration request is not approved, appeals may be sent to the ODC-SCI leadership at [info@odc-sci.org].
As part of the ODC-SCI Terms and Conditions, all Users must agree to and abide by the FDI Lab: Scicrunch Infrastructure Terms of Use (https://scicrunch.org/page/terms) and Privacy Policy (https://scicrunch.org/page/privacy).
The User Agreement serves to confirm understanding and acceptance of the process and policies associated with using the ODC-SCI Informatics System. ODC-SCI may make updates to any component of the User Agreement and will inform Authorized Users, General Community Members, and Laboratory Users when the changes will affect their use of the Portal and/or data hosted by the ODC-SCI.
Definitions
For the purposes of this agreement:
“User” covers all visitors to the ODC-SCI. An “Authorized User” is a User who has created and logged in with an account on the ODC-SCI. To become an Authorized User, a User must provide a valid email address and electronically accept the ODC-SCI Terms and Conditions, the ODC-SCI DUA, the Portal Privacy Policy. A “General Community Member” is an “Authorized User” that has requested and been approved by the ODC-SCI SC to join the ODC-SCI community. A “Laboratory User” is a General Community Member that is a member of at least one verified ODC-SCI Lab.
“Data” refers to measurements that are captured by preclinical data elements (either unique data elements or common data elements), associated information (e.g., data dictionaries), and associated files (e.g., images, data files, and other raw captured responses which may be coded into data elements as well as other supporting material including but not limited to research protocols and animal protocol approvals). For the purposes of this agreement “preclinical data” are defined as “not human subjects” data (e.g. de-identified data from participants or animal subjects collected under Institutional Review Board and ethical approval). Users are solely responsible for determining whether applicable law (including HIPAA as defined below, institutional requirements, state law, or other federal law) permits the inclusion of Data to be used in accordance with this Agreement. For purposes of this Agreement, “HIPAA” means, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and its implementing regulations on privacy, security and security breaches found in the Omnibus Rule at 45 CFR Parts 160 and 164, and the ‘Common Rule’ CFR 45 Part 46, as the same may be amended from time to time.
An “ODC-SCI Lab” refers to a registered and approved virtual space within the Portal under the control of at least one Principal Investigator who oversees the data uploaded to the ODC-SCI Lab. Laboratory Users who have joined an ODC-SCI Lab will be able to upload data to the ODC-SCI Lab. Principal Investigators of an ODC-SCI Lab can designate other Laboratory Users of the same ODC-SCI Lab to perform management functions such as assigning data to the data sharing spaces and managing user membership within the ODC-SCI Lab.
A “Data Provider” is defined as both (1) a Laboratory User who has uploaded data to the ODC-SCI Informatics System according to the policies laid out in the ODC-SCI DUA and (2) the Principal Investigator whose ODC-SCI Lab the dataset is uploaded to.
A “Data Author” is defined as an individual listed as a Data Author upon the generated citation for a published dataset.
“ODC-SCI Leadership” refers to the committee responsible for day-to-day operations of the Portal and Website (e.g., Principal Investigators of the Awards Supporting the Infrastructure, Directors, and other stakeholders).
“User Content” shall mean information, data, software, photos, video, text, graphics, music, sounds, or other material provided and posted by the user via the Website.
Portal Terms of Use
The ODC-SCI Portal website and any derivative website on which these Portal Terms of Use (“Portal Terms”) are posted are owned and operated by FAIR Data Informatics Laboratory at the University of California, San Diego. ODC-SCI has adopted these Portal Terms to make you aware of the terms and conditions of your use of the https://odc-sci.org website and any derivative websites on which these Portal Terms are posted (collectively, “Website”) and any Content or other products or services that are offered or provided via the Website to access, post or publish User Content. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of these Portal Terms shall constitute acceptance on behalf of such entity or person.
These Portal Terms are in addition to all other terms, conditions, and restrictions placed on use of the Website by ODC-SCI, including without limitation the UCSD-FDIL FAIR Data Platform Terms of Use located at (https://scicrunch.org/page/terms), which are hereby expressly incorporated into the ODC-SCI Terms and Conditions.
ODC-SCI reserves the right, at its discretion, to change, modify, add, or remove portions of these Portal Terms at any time by posting such changes to this page (if published) or by endeavoring to notify you of changes. In addition, if you have previously registered an account, ODC-SCI will endeavor to notify you of such changes via the email address you provided to ODC-SCI. You understand that you have the affirmative obligation to check these Portal Terms periodically for changes, and you hereby agree to periodically review these Portal Terms for such changes. The continued use of the Website following the posting of changes to these Portal Terms will constitute your acceptance of those changes. The most current version of these Portal Terms can be reviewed at https://odc-sci.org.
BY POSTING USER CONTENT OR ANY OTHER INFORMATION TO THE WEBSITE OR MANIFESTING YOUR ASSENT TO THESE PORTAL TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE PORTAL TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE PORTAL TERMS, YOU MAY NOT POST USER CONTENT OR ANY OTHER INFORMATION TO THE WEBSITE.
General Portal Terms and Restrictions
ODC-SCI hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website subject to your agreement to, compliance with, and satisfaction of these Portal Terms. All rights not otherwise expressly granted by these Portal Terms are reserved by ODC-SCI. If you do not comply with the Portal Terms at any time, ODC-SCI reserves the right to revoke the aforementioned license(s), limit your access to the Website, or restrict your ability to post User Content. You are solely responsible for providing, maintaining, and ensuring the compatibility of your User Content with any requirements necessary to post such User Content. ODC-SCI may from time to time require that any User Content meet certain requirements or be presented in certain formats in its sole discretion.
You agree that ODC-SCI may, under certain circumstances, immediately suspend and/or terminate your access to or ability to post on the Website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Portal Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent, illegal, or unethical activities. You further agree that such measures shall be taken in ODC-SCI’s sole discretion and without liability to you or any third party.
For purposes of these Portal Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available, or otherwise transferring material or information.
User Content
Subject to compliance with these Portal Terms, ODC-SCI provides you the opportunity to post User Content. “User Content” shall mean information, data, software, photos, video, text, graphics, music, sounds, or other material provided and posted by you via the Website.
User Content is the intellectual property of you and/or your licensors, if any. ODC-SCI does not claim any ownership rights in such User Content. By posting User Content via the Website, however, you hereby grant to ODC-SCI a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content in any media.
When posting User Content, you as the Data Provider and your ODC-SCI Lab are responsible for (a) setting your desired access control restrictions upon posting; (b) verification and authentication of the identity of Website users to whom you grant access rights to the User Content; and (c) ensuring that such users comply with your or your licensors’ restrictions and intellectual property rights and complies with all applicable laws and regulations. The Data Provider is solely responsible for determining whether applicable law (including HIPAA as defined below, institutional requirements, state law, or other federal law) permits the upload and/or posting of the content. For purposes of this Agreement, “HIPAA” means, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and its implementing regulations on privacy, security and security breaches found in the Omnibus Rule at 45 CFR Parts 160 and 164, and the ‘Common Rule’ CFR 45 Part 46 as the same may be amended from time to time. The Data Provider represents and warrants that it will fully comply with all federal and state laws, regulations, and ordinances in its performance under this Agreement, including, without limitation, obtaining any necessary and proper authorizations, consents, or other permissions as may be required under state or federal law, for the Content. The Data Provider represents and warrants that the Content is and shall at all times be fully de-identified in accordance with the standards and requirements for de-identification under HIPAA found at 45 CFR § 164.512(b) and that no Protected Health Information (as defined in HIPAA) shall be included in the Content.
You understand and agree that ODC-SCI has no control over the use or distribution of any User Content you post on the Website and no liability for use or distribution in violation of your restrictions and intellectual property rights or in violation of applicable laws. As a result, to the extent permitted by law, you will indemnify, defend, and hold ODC-SCI and its members, harmless from and against such portion of damages, penalties, fines, and expenses, including reasonable attorneys’ fees and settlement costs, as applicable (collectively “Losses”), resulting from any demand, suit, action, or proceeding brought by a third party (collectively, “Claim”) and attributable to the User Content.
ODC-SCI does not generally monitor or otherwise remove User Content after it is posted on the Website except under certain limited circumstances as required, to ensure compatibility, permitted by law or otherwise in the sole discretion of ODC-SCI. In the event you would like to request that ODC-SCI remove your User Content from the Website, please contact ODC-SCI at [info@odc-sci.org]. Please note however, that if ODC-SCI agrees in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by ODC-SCI or other parties; (b) such User Content has been retained in ODC-SCI’s data backup systems for archival purposes; or (c) to the extent such User Content has been downloaded by other persons and such persons retain your User Content.
Accounts
Your account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify ODC-SCI in the event (a) your registration information changes; or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. ODC-SCI may refuse to grant a particular username to you for any reason, including, without limitation, in the event ODC-SCI determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
Representations
You hereby represent and warrant to ODC-SCI that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under these Portal Terms; (b) all information provided by you to ODC-SCI is truthful, accurate, and complete; (c) you will comply with the terms and conditions of these Portal Terms and any other agreement to which you are subject that is related to your use of the Website, User Content, or any part thereof; (d) you have provided and will maintain accurate and complete registration information with ODC-SCI, including, without limitation, your legal name, email address and any other information ODC-SCI may reasonably require; (e) your access to and use of the Website or any part thereof and/or posting of User Content will not constitute a breach or violation of any other agreement, contract, Portal Terms, or any law or regulation to which you are subject; (f) you will immediately notify ODC-SCI in the event that you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person; (g) if you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person; (h) you are owner of the User Content you post or otherwise have the right to grant ODC-SCI the licenses granted pursuant to these Portal Terms; (i) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (j) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties; (k) the use of any User Content will not result in harm or personal injury to any third party; and (l) all factual information contained in the User Content is true and accurate.
Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website or any part thereof or any User Content that you may post via the Website, which includes, without limitation: (a) use of the Website to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website to post, store or disseminate User Content or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website to post, store or disseminate user Content or other material or information that actually or potentially violates applicable laws; (d) use of the Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website, to restricted portions of the Website, to Content, or any other computer network or equipment; (e) use of the Website to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (f) use of the Website to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or (h) use of the Website to engage in any activity that, as determined by ODC-SCI, may intentionally or unintentionally violate these Portal Terms or any applicable laws or regulations.
Disclaimer
ODC-SCI uses reasonable efforts to maintain the Website, but ODC-SCI is not responsible for any defects or failures associated with the Website, any part thereof, any User Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which ODC-SCI may undertake from time to time, or (c) causes beyond the control of ODC-SCI or which are not foreseeable by ODC-SCI.
Because the User Content offered via the Website is provided by other Users, and because ODC-SCI does not monitor or exercise control over the User Content, ODC-SCI does not make any warranties or representations regarding any of the User Content offered via the Website or the quality thereof. ODC-SCI does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the User Content. You understand and agree that all of the foregoing are your responsibility with regard to the User Content you post.
ODC-SCI is not a backup service for storing User Content, and ODC-SCI shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website.
User Agreement
I request access to the Open Data Commons for Spinal Cord Injury (ODC-SCI) Informatics System (the “Portal”) for research purposes including submitting to and accessing preclinical data (data classed as ‘not human subjects’ such as de-identified data from participants or animal subjects collected under Institutional Review Board and ethical approval) from the Portal. I agree to the following terms:
1. ODC-SCI Lab. Non-public data will be submitted and accessed solely in connection with a verified ODC-SCI Lab, specifically indicated and described. Data submitted to the ODC-SCI may be made available for either collaborative research (e.g., to accelerate research in ongoing studies), general research purposes (e.g., meta-analyses and other secondary uses of the data), or data mining (e.g., combining of data sets for further analyses). Registration of a new ODC-SCI Lab can be requested by a General Community Member or Laboratory User and is subject to the ODC-SCI Lab Agreement and approval by the ODC-SCI leadership.
2. Non-transferability of Agreement. This User Agreement is not transferable. All users within an ODC-SCI Lab will need to agree individually to the ODC-SCI Terms and Conditions, the ODC-SCI Data Use Agreement (“DUA”), and the Portal’s Privacy Policy. The User agrees that a new ODC-SCI Lab registration will require approval of the new ODC-SCI Lab by the ODC-SCI leadership.
3. Data Accuracy. The User certifies to the best of their knowledge and belief that the data submitted to the ODC-SCI are accurate and complete. The User who is submitting data also agrees to abide to requirements in the ODC-SCI Terms and Conditions and the ODC-SCI DUA. The User further agrees to notify the ODC-SCI as soon as possible if, upon review of ODC-SCI data, the User discovers data quality concerns.
4. Applicable Law. The Data Provider represents and warrants that they will fully comply with all institutional regulations and requirements including but not limited to Institutional Review Board Approval and animal ethics approvals, federal and state laws, regulations, and ordinances in their performance under the ODC-SCI Terms and Conditions, ODC-SCI DUA, and this User Agreement, including, without limitation, obtaining any necessary and proper authorizations, consents, or other permissions as may be required under state or federal law, for the data to be submitted to the ODC-SCI to be used in accordance with the DUA.
5. De-Identification. The Data Provider represents and warrants that the data submitted to the ODC-SCI is and shall at all times be fully de-identified in accordance with the standards and requirements for de-identification under HIPAA found at 45 CFR 164.512(b) and that no Protected Health Information (as defined in HIPAA) shall be included in any uploaded Data, and that Data adhere to the “‘Common Rule” 45 CFR Part 46. The User further agrees to notify the ODC-SCI as soon as possible if, upon review of ODC-SCI data, the User discovers data de-identification concerns.
6. Data Disclaimers. The User agrees that the ODC-SCI does not and cannot warrant the results that may be obtained by using any data or data analysis tools included in the ODC-SCI. The ODC-SCI disclaims all warranties as to the accuracy of the data in the ODC-SCI or the performance or fitness of the data or data analysis tools for any particular purpose.
7. Supporting Materials. The User agrees to provide the ODC-SCI with supporting information and documentation (“Supporting Materials”) to enable efficient use of the submitted data by investigators unfamiliar with the data. For example:
o Research protocol(s)
o Data Dictionaries
o Institutional Review Board and Ethical approvals
o Other supporting documentation, as appropriate
8. Data Access for Research. The User agrees that data and Supporting Materials submitted to the ODC-SCI Commons may be accessed and used broadly by qualified researchers for research and other activities as authorized by the User’s permissions and consistent with law. This access may result derivative work products from research data.
9. Acknowledgments. In any and all publications and oral/written presentations that are based upon dataset(s) submitted to the ODC-SCI Commons or published to the Public data sharing space, the User agrees to cite the ODC-SCI, the corresponding Data Providers (if the dataset is unpublished) or Data Authors (if the dataset is published), and the relevant ODC-SCI dataset identifier (an ODC-SCI accession number for Commons data or a digital object identifier [DOI] for published data) according to data citation standards (see example below).
Citation for DOI:10.34945/F51591 (https://doi.org/10.34945/F51591)
Andersen, C.R., Wolf, J.T., Jennings, K., Prough, D.S., Hawkins, B.E. (2020). Moody Project Survival Analysis Morris Water Maze Dataset. ODC-SCI:408. DOI:10.34945/F51591
10. Non-Research Access. The User acknowledges that data submitted to the ODC-SCI become records that may be subject to Freedom of Information Act (FOIA) requests unless they are exempt from release under one of the FOIA exemptions. The User further acknowledges that data may be used or released consistent with law.
11. No Unauthorized Distribution of Data. The User agrees to retain control over accessed data and to not transfer or distribute data to any other entity or any individual except for their research colleagues who are also Authorized Users and have permission to the same data. This restriction does not apply to data published on the public website under the CC-BY 4.0 license.
12. Security. The User acknowledges the expectations set forth by the attached “Information Security Best Practices” for the use and security of data.
13. Accurate Representations. The User expressly certifies that the contents of any statements made or reflected in this document are truthful and accurate.
14. Notification to ODC-SCI of Publication. The User agrees to cite the ODC-SCI in of publication (or other public disclosure) of a report linked to data hosted in the ODC-SCI will appear. Notification of such publications can occur by citing the ODC-SCI Research Resource Identifier (RRID) in the acknowledgements section entering the information at the ODC-SCI:
“This research was performed using resources provided by the Open Data Commons for SCI (ODC-SCI; RRID: SCR_016673; https://odc-sci.org)”.
ODC-SCI Lab Agreement
(a) Access to Data. Laboratory “Data” refers to measurements that are captured by preclinical data elements (either unique data elements or common data elements), associated information (e.g., data dictionaries), and associated files (e.g., images, data files, and other raw captured responses which may be coded into data elements as well as other supporting material including but not limited to research protocols and animal protocol approvals). Using its own criteria, Principal Investigators and their designates shall solely determine which individuals (each, an Authorized User) shall be permitted access to the respective ODC-SCI Lab Data. Each Authorized User shall be required to accept electronically the ODC-SCI Terms and Conditions, the ODC-SCI DUA, and Privacy Policy prior to receiving access to the Data. ODC-SCI is not required to monitor any Authorized User’s use of the Portal, but it reserves the right to terminate or suspend any Authorized User’s access to the Portal or Data (i) if it has reason to believe that there is a threat to the security of the Portal or Data hosted on the Portal; (ii) in the event of a material breach by Principal Investigators and their designates of this Agreement; or (iii) in the event of a material breach by an Authorized User of either the ODC-SCI Terms and Conditions or DUA. ODC-SCI shall use commercially reasonable efforts to notify the User(s) prior to taking any such action.
(b) Disabling Access to Authorized Users. In the event the ODC-SCI Lab Principal Investigator or their designate(s) believes or has reason to believe that any Authorized User has violated the ODC-SCI Terms and Conditions or the ODC-SCI DUA, the ODC-SCI Lab Principal Investigator or their designate(s) shall promptly inform ODC-SCI. ODC-SCI Lab Principal Investigators or their designates have the right to remove any Laboratory Users from their ODC-SCI Lab.
(c) Responsibility for Authorized Users. The ODC-SCI Lab Principal Investigator or their designate(s) is solely responsible for (i) setting their own desired access control restrictions for Data within their ODC-SCI Lab; (ii) verification and authentication of the identity of Authorized Users to whom they grant access rights to their laboratory (i.e. as a Laboratory User); and (iii) ensuring that all Authorized Users comply with the ODC-SCI Terms and Conditions and DUA and intellectual property rights and comply with all applicable laws and regulations.
(d) The ODC-SCI Lab Principal Investigator or their designate(s) are solely responsible for determining whether applicable law (including HIPAA as defined below, institutional regulations and requirements, state law, or other federal law permits the inclusion of the Data to be uploaded to the ODC-SCI to be used in accordance with this Agreement. For purposes of this Agreement, “HIPAA” means, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and its implementing regulations on privacy, security and security breaches found in the Omnibus Rule at 45 CFR Parts 160 and 164, and the ‘Common Rule’ CFR 45 Part 46 as the same may be amended from time to time.
Term and Termination.
(a) Term. This Agreement shall commence as of the Effective Date and shall continue in full force and effect from such date.
(b) Termination without Cause. Either party may terminate this Agreement with or without cause by providing notice to the other party.
(c)Termination for Cause.
- Immediate Termination. Each party shall have the right to immediately terminate this Agreement: (1) to comply with any legal order, ruling, opinion, procedure, policy, or other guidance issued, by any federal or state court; or (2) to comply with any provision of applicable law.
- Termination for Breach. Either party may terminate this Agreement in the event of a material breach of this Agreement by the other party which is not cured within 30 days after delivery of written notice of the breach.
(d) Effect of Termination. Within 30 days after the expiration or termination of this Agreement, for any reason, ODC-SCI shall revoke Authorized User rights to access to Data from the affected ODC-SCI Lab. The parties acknowledge and agree that Data within the ODC-SCI Lab may not be completely removed from the Portal or may otherwise still be available to others in the following circumstances: (a) the Data has been incorporated into derivative works or compilations created by ODC-SCI Users or other parties; (b) the Data has been retained in ODC-SCI’s data backup systems or for archival purposes; or (c) to the extent the Data has been downloaded by other persons and such persons retain the Data.
Payment. Each party shall bear its own costs and expenses in connection with this Agreement.
ODC-SCI Lab data. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE DATA PROVIDED TO THE ODC-SCI AND THE AUTHORIZED USERS ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND. The ODC-SCI Lab Principal Investigator or their designate(s) represents and warrants that for Data within their ODC-SCI Lab: (a) it has sufficient authority to provide the Data to be used and disclosed in accordance with this Agreement; (b) it is the owner of the Data or otherwise has the right to provide the data to the ODC-SCI as set forth herein; (c) the Data does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and the data does not contain any personally identifiable information about third parties; (d) the use of the Data will not result in harm or personal injury to any third party; and (e) all factual information contained in the Data is true and accurate.
Execution of Agreement. Each party represents and warrants that it has full power and authority to enter into and perform this Agreement.
Absence of Final Orders. As of the Effective Date, each party represents and warrants that it is not subject to a final order issued by any federal, state, local or international court of competent jurisdiction or regulatory or law enforcement organization, which will materially impact its ability to fulfill its obligations under this Agreement. Each party shall timely inform the other if at any point during the term of this Agreement it becomes subject to such an order.
Disclaimer. The ODC-SCI Lab Principal Investigator or their designate(s) understands and agrees that the ODC-SCI has no control over the use or distribution of the ODC-SCI Lab Data and has no liability for use or distribution in violation of the ODC-SCI Terms and Conditions or DUA, or in violation of applicable laws. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA OR THE USE OR DISCLOSURE THEREOF OR THE PORTAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE DATA PROVIDER ACKNOWLEDGES THAT THE PORTAL IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
Information Security Best Practices
The purpose of these Security Best Practices, which are subject to applicable law, is to provide minimum security standards and best practices for individuals who use ODC-SCI to submit, access, and analyze data. Keeping ODC-SCI information secure through these best practices is important. Subject to applicable law, Users agree to immediately report breaches of data confidentiality to the ODC-SCI leadership at [info@odc-sci.org].
Best Practices
• Do not attempt to override technical or management controls to access data for which you have not been expressly authorized.
• Do not use your trusted position and access rights to exploit system controls or access data for any reason other than in the performance of the proposed research.
• Ensure that anyone directed to use the system has access to, and is aware of, ODC-SCI Information Security Best Practices and all existing policies and procedures relevant to the use of ODC-SCI, including but not limited to, the ODC-SCI policy at https://odc-sci.org.
• Follow the ODC-SCI password policy which includes:
• Choose passwords of at least seven characters including at least three of the following types of characters: capital letters, lower case letters, numeric characters and other special characters.
• Change your passwords every six months.
• Protect your ODC-SCI password from access by other individuals—for example, store it electronically in a secure location.
• Notify ODC-SCI staff at https://odc-sci.org security incidents, or any incidents of suspected fraud, waste or misuse of ODC-SCI or when access to ODC-SCI is no longer required.
Security Standards
• Protect the data, providing access solely to authorized researchers permitted access to such data by your institution.
• Neither store nor transmit links between personally-identifiable information and GUIDs.
• When you download ODC-SCI data, download the data to a secured computer or server with strong password protection.
• For the computers hosting ODC-SCI data, ensure that they have the latest security patches and are running virus protection software.
• Do not upload or post downloaded data that is non-public data to internet sites that may be discovered by Internet search engines, such as Google or MSN.
• If you leave your office, close out of data files or lock your computer. Consider the installation of a timed screen saver with password protection.
• When finished using the data, destroy the data or otherwise dispose of them properly.
UCSD FDI Laboratory - FAIR Data Platform Terms of Use
The following Terms of Use apply to all infrastructures developed on the FAIR data platform (primary site at https://scicrunch.org) that is maintained and managed by the FAIR Data Informatics Laboratory at the University of California, San Diego (UCSD-FDIL). By using the ODC-SCI, all Users of the ODC-SCI must agree to the terms outlined by the UCSD FDI Laboratory – FAIR Data Platform Terms of Use. These Terms may be changed in which case Users will be informed of updates on the ODC-SCI home page.
These Terms of Use are a contract between you and the FAIR Data Informatics Laboratory at the University of California, San Diego (UCSD-FDIL). The UCSD-FDIL operated FAIR Data Platform, and products, services and affiliated websites offered by the UCSD-FDIL collectively the UCSD-FDIL "Sites/Services." Through these services the UCSD-FDIL FAIR Data Platform provides a dynamic inventory of Web-based scientific resources, data, and tools. UCSD-FDIL FAIR Data Platform advances research by enabling discovery and access to public research data and tools worldwide through an open source, networked environment.
By using the UCSD-FDIL Sites/Services, you are agreeing to be bound by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, do not visit or use the UCSD-FDIL Sites/Services.
Ownership of Content
The copyright in the material contained in and provided by the UCSD-FDIL Sites/Services belongs to UCSD-FDIL or its licensors. The trademarks and other elements appearing on the UCSD-FDIL Sites/Services are protected by California, United States, and international copyright, trade dress, patent, and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. All content of the UCSD-FDIL Sites/Services, except where otherwise noted, is licensed under a Creative Commons Attribution License.
Reproduction of Data
All data indexed and referenced by the UCSD-FDIL Sites/Services from external resources, unless otherwise indicated, are licensed by the respective owners of such data. Use and distribution is subject to the Terms of Use from the original resource. Citation or acknowledgement of the UCSD-FDIL Sites/Services is also appreciated.
Data deposited or made available via UCSD-FDIL Sites/Services, unless otherwise indicated, are licensed through the respective community making these data available. Use and distribution is subject to the Data Use Agreement and User Agreement provided by that community.
Privacy
You confirm that you have read and accept our Privacy Policy.
General Practices Regarding Use
UCSD-FDIL reserves the right to limit, suspend or terminate your access and use of the UCSD-FDIL Sites/Services at any time without notice.
Your Account(s)
In order to open an "Account" for use of certain UCSD-FDIL Sites/Services, you must (i) agree to these Terms of Use, (ii) agree to the Creative Commons Attribution License and (iii) provide any information required by UCSD-FDIL Sites/Services during the registration process. You are responsible for maintaining the accuracy of this information, and the security of your Account and password. UCSD-FDIL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the UCSD-FDIL Sites/Services and activity that occurs under your Account (even when content is posted by others under your Account). You shall: (i) notify UCSD-FDIL immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; and (ii) report to UCSD-FDIL immediately and use reasonable efforts to stop immediately any unauthorized activity that is known or suspected by you.
Impermissible Acts
As a condition to your use of the UCSD-FDIL Sites/Services, you agree not to:
- upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or offensive; or that infringes another's rights, including any intellectual property rights;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store or modify personal information about other users;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- modify, adapt or hack the UCSD-FDIL Sites/Services or falsely imply that some other site or service is associated with UCSD-FDIL Sites/Services or UCSD-FDIL; or
-use the UCSD-FDIL Sites/Services for any illegal or unauthorized purpose. You must not, in the use of UCSD-FDIL Sites/Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of these Terms of Use
UCSD-FDIL reserves the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. UCSD-FDIL may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that UCSD-FDIL has no obligation to pre-screen or monitor your access to or use of UCSD-FDIL Sites/Services or any information, materials or other content provided or made available through the UCSD-FDIL Sites/Services, but has the right to do so. You hereby agree that UCSD-FDIL may, in the exercise of UCSD-FDIL 's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use or that is otherwise objectionable.
Feedback
In the course of using UCSD-FDIL Sites/Services, you may provide UCSD-FDIL with feedback, including but not limited to suggestions, observations, errors, problems and defects regarding UCSD-FDIL Sites/Services (collectively "Feedback"). You hereby grant UCSD-FDIL a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Modifications to UCSD-FDIL Sites/Services and Terms of Use
UCSD-FDIL reserves the right to modify or discontinue, temporarily or permanently, the UCSD-FDIL Sites/Services (or any part thereof) with or without notice at any time. You agree that UCSD-FDIL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the UCSD-FDIL Sites/Services. UCSD-FDIL reserves the right to change these Terms of Use by posting changes on this page of the UCSD-FDIL Sites. By using UCSD-FDIL Sites/Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.
Links
The UCSD-FDIL Sites/Services, or relevant third parties, may provide links to other web sites or resources. Because UCSD-FDIL has no control over such sites and resources, you acknowledge and agree that UCSD-FDIL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your business dealings with any third-parties through the UCSD-FDIL Sites/Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that UCSD-FDIL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Software/Technology in Use by UCSD-FDIL
The following is a listing of software/technology in use by UCSD-FDIL, including open source and free software tools.
Apache HTTP Server: Open source HTTP server to serve static pages and to proxy for web applications.
Apache Tomcat: Java servlet and web app container.
Apache Ant: Java library and command-line tool for driving processes.
Apache Maven: a software project management and comprehension tool.
Postgres: Open source object-relational database system.
Puppet: an open source data center automation and configuration management framework.
Cobbler: a Linux installation server that allows for rapid setup of network installation environments.
VMware Vsphere: virtualization platform for hosting and managing virtual machines.
Solr: is the popular, blazing fast open source enterprise search platform from the Apache Lucene project.
Ruby: a dynamic, reflective, general purpose object-oriented programming language.
CentOS: an Enterprise-class Linux Distribution derived from sources freely provided to the public by a prominent North American Enterprise Linux vendor.
Eclipse: An open source java software development tool.
YourKit: YourKit is kindly supporting open source projects with its full-featured Java Profiler. YourKit, LLC is the creator of innovative and intelligent tools for profiling Java and .NET applications. Take a look at YourKit's leading software products: YourKit Java Profiler and YourKit .NET Profiler.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us.
Disclaimer of Warranties
YOUR USE OF THE UCSD-FDIL SITES, SERVICES OR ANY WEB SITE TO WHICH THEY ARE LINKED IS AT YOUR SOLE RISK. THE UCSD-FDIL SITES/SERVICES AND THEIR CONTENT ARE PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. UCSD-FDIL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE UCSD-FDIL SITES/SERVICES OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE UCSD-FDIL SITES/SERVICES, THEIR CONTENT OR ANY WEB SITE TO WHICH THEY ARE LINKED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UCSD-FDIL OR THROUGH OR FROM THE UCSD-FDIL SITES/SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UCSD-FDIL STRONGLY RECOMMENDS THAT YOU INDEPENDENTLY VERIFY ANY MEDICAL TREATMENT INFORMATION UPON WHICH YOU CHOOSE TO RELY.
Indemnification
You agree to indemnify and hold UCSD-FDIL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the UCSD-FDIL Sites/Services, your connection to the UCSD-FDIL Sites/Services, your violation of these Terms of Use, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. The user is solely responsible for his or her actions when using the UCSD-FDIL Sites/Services, including, but not limited to, costs incurred for Internet access. UCSD-FDIL reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Limitation of Liability
IN NO EVENT SHALL UCSD-FDIL OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE UCSD-FDIL SITES/SERVICES, THEIR CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.
Special Considerations for International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
General Terms
These Terms of Use constitute the entire agreement between you and UCSD-FDIL and govern your use of the UCSD-FDIL Sites/Services, superseding any prior agreements between you and UCSD-FDIL (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by UCSD-FDIL. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of UCSD-FDIL to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against UCSD-FDIL and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the UCSD-FDIL Sites/Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
*** ODC-SCI Data Use Agreement ***
ODC-SCI Data Use Agreement
Data Publication Summary
When a Principal Investigator requests to publish a dataset from their ODC-SCI Laboratory (“ODC-SCI Lab”), the ODC-SCI Curation and Review Board (CRB) will perform a quality assurance check of the data including dataset and associated data dictionary and metadata. During this process, the Principal Investigator acknowledges and accepts that the CRB will be able to access the corresponding data for review purposes under the conditions laid out in the ODC-SCI Non-disclosure Agreement for All Data Reviewers (https://scicrunch.org/upload/community-components/ODC-SCI_Confidentiality_and_Non-Disclosure_Rules_for_Editors_and_Data_Team.pdf). As part of the review process, a digital object identifier (“DOI”) will be generated and associated to the data. Prior to publication of the data, the DOI can be provided to the Principal Investigator upon request and upon approval by the ODC-SCI leadership to do so.
Upon completion of the review process and approval from the CRB for data publication, the Principal Investigator will be informed that the data is approved for publication (“publication-approved”). At this time, the ODC-SCI will lock the data, preventing further edits contingent upon a case-by-case agreement between the Principal Investigator and the ODC-SCI CRB or ODC-SCI leadership. The CRB-approved data will be published to the Public data space upon the Principal Investigator providing explicit approval to publish the data. The Principal Investigator can request to the ODC-SCI leadership to hold the publication-approved data under publication embargo until a specific date or event including but not limited to the publication of a corresponding scientific article. Alternatively, if an ODC-SCI visitor (“User”) informs the ODC-SCI that the data-associated DOI has been cited in public work including but not limited to journal publications, posters, and talks, the ODC-SCI will contact the Principal Investigator to request approval to publish the data. If the Principal Investigator does not provide a response within 1 month of the request, the ODC-SCI reserves the right to publish the data without express approval from the Principal Investigator. The Principal Investigator will be informed of the publication of data.
In circumstances where the funding or external agencies associated with the dataset have additional data sharing restrictions that would prevent the public release of the dataset, the Principal Investigator can request an extended embargo regardless of the existence of public works citing the data-associated DOI. In such cases, the ODC-SCI will publish the dataset metadata but not the dataset itself. The published metadata will include details regarding the reason for restriction.
Datasets published to the Public data sharing space will be released with the unique DOI under a creative commons 4.0 CC-BY open access license (https://creativecommons.org/licenses/by/4.0). Any visitor (the “User”) to the Portal will have access to the descriptive meta-data for public data, and any visitors logged in under a valid email address (an “Authorized User”) will be able to download public data.
Data Use Agreement for Non-published Data
I request access to the Open Data Commons for Spinal Cord Injury (ODC-SCI) Informatics System (the “Portal”) for research purposes including submitting and accessing pre-clinical data (data classed as ‘not human subjects’ data such as de-identified data from participants or animal subjects collected under Institutional Review Board and ethical approval) to and from the Portal. By requesting access, I agree to the terms described in this ODC-SCI Data Use Agreement, including but not limited to the following terms.
1. Data Disclaimers. I accept that the ODC-SCI does not and cannot warrant the results that may be obtained by using any data or data analysis tools included in the ODC-SCI. The ODC-SCI disclaims all warranties as to the accuracy of the data in the ODC-SCI or the performance or fitness of the data or data analysis tools for any particular purpose.
2. Data Governance for Published Data. I accept that once data has been published on the ODC-SCI, any aspect of the data such as data-associated metadata will be permanently shared with the public and visible to registered Users to the ODC-SCI. I accept that in order to remove published data from the ODC-SCI, I am required to submit a request to the ODC-SCI leadership and that the ODC-SCI SC reserves the right to reject the request or remove only a subset of the published data.
3. Accessing Public/Published Data. When accessing and using published data for my own work, I will adhere to the requirements established by the creative commons 4.0 CC-BY open access license (https://creativecommons.org/licenses/by/4.0) with the understanding that all datasets made public on the ODC-SCI are done so under the license. Furthermore, I acknowledge that I must have an ODC-SCI account with a valid email (an “Authorized User”) in order to download published data and that the ODC-SCI will keep a record of my access upon downloading public data.
4. Submitting Data for Publication. In cases where I am the Data Provider of a dataset, I understand and agree to allow the ODC-SCI CRB to access and view my data (under the conditions laid out by the ODC-SCI Non-disclosure Agreement for All Data Reviewers) when it is submitted for publication. If a dataset-associated provisional (reserved) DOI is cited in a public work including but not limited to journal articles, poster presentations, and talks before the data has been made public by the Principal Investigator, I understand and agree that the ODC-SCI reserves the right to publish the data without requiring explicit approval of the Principal Investigator and other Data Providers.
I understand that if any associated funding or external agencies have additional data sharing restrictions, I must inform the ODC-SCI leadership and request to hold my dataset under embargo even after the DOI has been cited in a public work. I understand and agree that the ODC-SCI reserves the right to publish the dataset as outlined in this data use agreement if I do not inform and receive approval from ODC-SCI leadership to limit the publication of the dataset according to data sharing restrictions for external agencies.
I accept that the ODC-SCI CRB endeavors to complete the quality assurance process in a timely fashion, the process may take up to 4 weeks even if the data requires minimal revisions. The process may take longer than 4 weeks in cases where significant revisions are necessary to conform to the Minimal Data Standards for published datasets on the ODC-SCI.
5. Data Governance for Unpublished Data. I understand that the Principal Investigator of the ODC-SCI Lab containing the unpublished data is the legal steward of the data and is authorized by their University or other Organization to serve in this role as according to norms and legal standards governing granting organizations. The Principal Investigator of the ODC-SCI Lab has the sole right to determine which non-Public data sharing space (i.e., “Personal”; “Lab Space”; or “ODC-SCI Commons”) on the Portal each dataset in their ODC-SCI Lab is to be assigned. I accept that the Principal Investigator can change the data sharing space of a dataset at any time.
6. Accessing Unpublished Data. I accept that by uploading data to the ODC-SCI, I make the data accessible to a subset of other Users dependent upon the ODC-SCI data sharing space the data is assigned to. Data in the “Personal” data space will only be accessible to the Data Providers, which includes the original uploader and the Principal Investigator, and any of the Principal Investigator’s designates. Data in the “Lab Space” data sharing space will be accessible to any Laboratory Users who are members of the same ODC-SCI Lab that the data is uploaded to. Data in the “ODC-SCI Commons” data sharing space will be accessible to any Laboratory Users of the ODC-SCI, including those who do not belong in the same ODC-SCI Lab that the data is uploaded to. Accessibility includes both the right to see the data-associated metadata, including the title, descriptions, and current assigned data sharing space, and the right to download the data.
I understand and accept that by accessing an unpublished dataset, the ODC-SCI reserves the right to keep a record of my username, name, and date of download and that this record will be provided to the Principal Investigator of the ODC-SCI Lab in which the data is uploaded and their designates.
I understand and accept that if I use any unpublished data in work that will be made public including but not limited to journal articles, poster presentations, and talks, I will contact the Principal Investigator that serves as the dataset’s Data Provider to obtain their explicit agreement and permission to use the unpublished data in my work. I accept that use of the data without the explicit agreement of the corresponding Principal Investigator is a violation of the ODC-SCI Data Use Agreement.
In certain circumstances when unpublished data results in work that will be made public including but not limited to formal peer-reviewed papers or pre-prints, I will, upon receiving permission to use the data from the Principal Investigator that serves as the dataset’s Data Provider, submit the data for publication.
I agree to retain control over all accessed data and to not transfer or distribute the data to any other entity or individual except individuals who are also Authorized Users of the ODC-SCI and have permission to access the same data.
I agree that data submitted to the “ODC-SCI” data sharing space may be accessed and used broadly by qualified researchers for research and other activities consistent with law. In cases where I am the Principal Investigator, I acknowledge that if any such activities generate public work, I have the right to refuse permission for my unpublished data to be used.
