Sensor Data Portal Terms of Service

Version: Thu Aug 25 16:55:21 CDT 2016


<h1 id="terra-ref-data-release-policy-draft">TERRA-Ref Data Release Policy (DRAFT)</h1>
<h2 id="release-with-attribution">Release with Attribution</h2>
<p>We plan to make the data available for use with attribution. For genomic data, we intend to use the Fort Lauderdale Agreement. For algorithms, we intend to release via MIT or MIT compatible license (e.g. BSD, UIUC/NCSA, Apache v2). For other raw data, such as phenotypic data and associated metadata, we intend to release via Creative Commons with Attribution (CC by 4.0).</p>
<p>Each of the data will include or point to the appropriate attribution policy.</p>
<h2 id="timing-and-control-of-release">Timing and Control of Release</h2>
<p>We plan to release the data in stages or tiers.</p>
<ol style="list-style-type: decimal">
<li>The first tier will be an internal release to the TERRA-REF team and the standards committee. This first tier release will be to initially quality check and calibrate the data and will take place as data sets are produced and compiled.</li>
</ol>
<ul>
<li>By November 2016, it is an objective of the TERRA-REF team to establish a data release pipeline, wherein the release of data to this first tier will be within 21 days from the date of collection.</li>
<li>Access to the data will be arranged for by the resource producer (i.e. limiting access to selected users).</li>
</ul>
<ol start="2" style="list-style-type: decimal">
<li>The second tier will enable the release of the data generated solely by the TERRA-REF team to other TERRA teams as well as non-TERRA entities.</li>
</ol>
<ul>
<li>By November 2017, it is an objective of the TERRA-REF team to establish a data release pipeline, wherein the release of data to this second tier will be within 10 days from the data of collection.</li>
<li>It is noted that release of the data to the second tier may occur prior to publication and that access is granted with the understanding that the contributions and interests of the TERRA-REF team should be recognized and respected by the users of the data. The TERRA-REF team reserves the right to analyze and published its own data, provided that this is done in a timely fashion. Resource users should appropriately cite the source of the data and acknowledge the resource produces. The publication the data, as suggested in the TERRA-REF Authorship Guidelines, should specify the collaborative nature of the project, and authorship is expected to include all those contributing significantly to the work.</li>
<li>Access to the data will be determined by the resource producers and may be governed by separate license or other agreements.</li>
</ul>
<ol start="3" style="list-style-type: decimal">
<li>It is an objective of the TERRA-REF team to enable the release of the data to the public by November 2018 but no later than the date of close-out of the awarded funds.</li>
</ol>
<h1 id="clowder-terms-of-service">Clowder Terms of Service</h1>
<p>
By using the Clowder software services ("Services"), you are agreeing to be bound by the
following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF
A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS
AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS,
IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED
WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU
MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SOFTWARE.
</p>

<p>
If any changes are made to these Terms, we will require you to accept these new Terms of Service before you
can continue to use the Services. Any new features that augment or enhance the current Services, including
the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services
after any such changes shall constitute your consent to such changes. You can review the most current version
of the Terms of Service at any time at the help menu.
</p>

<p>
Violation of any of the terms below will result in the termination of your Account. While
Sensor Data Portal prohibits such conduct and Content on the Service, you understand and agree
that Sensor Data Portal cannot be responsible for the Content posted on the Service and you
nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
</p>

<h3>Account Terms</h3>

<ul>

<li>You must be 13 years or older to use these Services.</li>

<li>You must be a human. Accounts registered by "bots" or other automated methods are not permitted.</li>

<li>You must provide your name, a valid email address, and any other information requested in order to
complete the signup process.</li>

<li>Your login may only be used by one person - i.e., a single login may not be shared by multiple people
- except that a machine user's actions may be directed by multiple people. You may create separate
logins for as many people as is needed.</li>

<li>You are responsible for maintaining the security of your account and password.
Sensor Data Portal cannot and will not be liable for any loss or damage from your failure
to comply with this security obligation.</li>

<li>You are responsible for all Content posted and activity that occurs under your account (even when
Content is posted by others who have accounts under your account).</li>

<li>You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark
laws).</li>

</ul>

<h3>API Terms</h3>

<ul>

<li>Customers may access their Sensor Data Portal account data via an API (Application Program
Interface). Any use of the API, including use of the API through a third-party product that accesses
Sensor Data Portal, is bound by these Terms of Service plus the following specific terms:</li>

<ul>
<li>You expressly understand and agree that Sensor Data Portal shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses (even if
Sensor Data Portal has been advised of the possibility of such damages), resulting from
your use of the API or third-party products that access data via the API.</li>

<li>Abuse or excessively frequent requests to Sensor Data Portal via the API may result in
the temporary or permanent suspension of your account's access to the API.
Sensor Data Portal, in its sole discretion, will determine abuse or excessive usage of
the API. Sensor Data Portal will make a reasonable attempt via email to warn the account
owner prior to suspension.</li>

<li>Sensor Data Portal reserves the right at any time to modify or discontinue, temporarily
or permanently, your access to the API (or any part thereof) with or without notice.</li>
</ul>
</ul>

<h3>Cancellation and Termination</h3>

<ul>
<li>Sensor Data Portal, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any other
Sensor Data Portal service, for any reason at any time. Such termination of the Service
will result in the deactivation or deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all Content in your Account. Sensor Data Portal reserves
the right to refuse service to anyone for any reason at any time.</li>

<li>In the event that Sensor Data Portal takes action to suspend or terminate an account, we
will make a reasonable effort to provide the affected account owner with a copy of their account contents
upon request, unless the account was suspended or terminated due to unlawful conduct.</li>

</ul>

<h3>Modifications to the Service</h3>

<ul>

<li>Sensor Data Portal reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.</li>

<li>Sensor Data Portal shall not be liable to you or to any third-party for any modification,
suspension or discontinuance of the Service.</li>

</ul>

<h3>Copyright and Content Ownership</h3>

<ul>

<li>We claim no intellectual property rights over the material you provide to the Service. Your profile
and materials uploaded remain yours. However, by setting your materials to be viewed publicly, you agree
to allow others to view your Content. By setting your spaces to be viewed publicly, you agree
to allow others to view and fork your repositories.</li>

<li>Sensor Data Portal does not pre-screen Content, but Sensor Data Portal and
its designee have the right (but not the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service.</li>

<li>You shall defend Sensor Data Portal against any claim, demand, suit or proceeding made or
brought against Sensor Data Portal by a third-party alleging that Your Content, or Your
use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property
rights of a third-party or violates applicable law, and shall indemnify Sensor Data Portal
for any damages finally awarded against, and for reasonable attorney’s fees incurred by,
Sensor Data Portal in connection with any such claim, demand, suit or proceeding;
provided, that Sensor Data Portal (a) promptly gives You written notice of the claim,
demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand,
suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the
settlement unconditionally releases Sensor Data Portal of all liability); and (c) provides
to You all reasonable assistance, at Your expense.</li>

<li>Sensor Data Portal will use best practices to keep your content secure and safe, but
does not guarantee the availability of your data at all times. You as the content owner are responsible
for making sure you have a backup of your data not stored in this Service.</li>

</ul>

<h3>General Conditions</h3>

<ul>

<li>Your use of the Service is at your sole risk. The service is provided on an "as is" and "as
available" basis.</li>

<li>You must not modify, adapt or hack the Service or modify another website so as to falsely imply that
it is associated with the Service, Sensor Data Portal, or any other
Sensor Data Portal service.</li>

<li>You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express written permission
by Sensor Data Portal .</li>

<li>We may, but have no obligation to, remove Content and Accounts containing Content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual property or these Terms of Service.</li>

<li>Verbal, physical, written or other abuse (including threats of abuse or retribution) of any
Sensor Data Portal customer, employee, member, or officer will result in immediate
account termination.</li>

<li>You understand that the technical processing and transmission of the Service, including your Content,
may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.</li>

<li>You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.</li>

<li>You must not transmit any worms or viruses or any code of a destructive nature.</li>

<li>If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by
Sensor Data Portal) of other Sensor Data Portal customers, we reserve the
right to immediately disable your account or throttle your file hosting until you can reduce your
bandwidth consumption.</li>

<li>Sensor Data Portal does not warrant that (i) the service will meet your specific
requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in
the Service will be corrected.</li>

<li>You expressly understand and agree that Sensor Data Portal shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible losses (even if
Sensor Data Portal has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third-party on the
service; (v) or any other matter relating to the service.</li>

<li>The failure of Sensor Data Portal to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service
constitute the entire agreement between you and Sensor Data Portal and govern your
use of the Service, superseding any prior agreements between you and Sensor Data Portal
(including, but not limited to, any prior versions of the Terms of Service). You agree that these
Terms of Service and Your use of the Service are governed under California law.</li>

<li>Questions about the Terms of Service should be sent to administrators of this service (see the help
menu for a link to send the email).</li>

</ul>