Pennsieve Platform Terms of Service

The Wagenaar Lab at the University of Pennsylvania (“Wagenaar Lab”) promotes open science through its mission to provide freely available online data, software and other resources relating to data contributed from life science experiments to the largest possible community through the Pennsieve Data Management Platform, offered by the University of Pennsylvania. Please read these Terms and Conditions of Service (“Terms”) carefully before accessing or using the Pennsieve Platform. If you have any questions about these terms, conditions or the practices of the Pennsieve Platform or any of the other Services, please contact us at [email protected].

Definitions

An “Account” represents your legal relationship with the Pennsieve Platform. A “User Account” represents an individual User’s authorization to log in to and use the Services and serves as a User’s identity on the Pennsieve Platform.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms and Conditions of Service” or the “Terms”) and all other operating rules, policies (including the Pennsieve Platform Privacy Policy and procedures that we may publish from time to time on the Pennsieve Platform (“Published Pennsieve Platform Terms”). In the event of any conflicts between the obligations under the terms of this Agreement or any conflicts between any U.S. federal law or regulation and the Published Pennsieve Platform Terms, then the applicable terms of this Agreement and/or the applicable U.S. federal law or regulation will control.
“Content” refers to content featured or displayed through the Pennsieve Platform, including without limitation code, text, data, articles, images, photographs, models, graphics, software, applications, scripts, packages, designs, features, and other materials that are available on the Pennsieve Platform. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own. For the purposes of this Agreement the Your Content refers to MRI data, EEG data, task performance data, and related participant metadata collected as part of fMRI and TMS experiments performed as part of protocol 16-N-0058 entitled “Myalgic Encephalomyelitis/Chronic Fatigue Syndrome at NIH.”
The “Pennsieve Platform,” refer to the Pennsieve Web Applications located at https://app.pennsieve.io, https://discover.pennsieve.io, and all content, services, and products provided by the Wagenaar Lab at or through the Pennsieve resources.
The “Pennsieve Services,” “Discover Services,” and “Services” refer to the data, applications, software, products, and resources provided by the Wagenaar Lab through the Pennsieve Platform.
The “User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Pennsieve Platform or Services; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. For the purposes of this Agreement the User is the National Institute of Neurological Disorders and Stroke (“NINDS”) on behalf of Dr. Brian Walitt (“NINDS Representative”).

Account Terms

As a User of the Pennsieve Platform, you agree to the Terms and Conditions of Service defined herein and where applicable the terms defined by the User Code of Conduct. These terms include, but are not limited to:

You or Your representative must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
- A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account.
One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
You are responsible for keeping your Account secure while you use our Pennsieve Platform.
- 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).
- You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify the Pennsieve Platform by emailing [[email protected]] if you become aware of any unauthorized use of, or access to, the Pennsieve Platform through your Account, including any unauthorized use of your password or Account.
You will provide appropriate acknowledgement in any dissemination of research findings, publications, services, or products for any Platform Services when Your Content is made publicly available through the Pennsieve Platform. The expected attribution will be indicated on the appropriate web page (e.g., investigator/s who generated the data, the funding source, and DOI numbers of the dataset).

The Wagenaar Lab may make Pennsieve Services available on or through third party sites such as other websites or resources on the internet, and other websites or resources may contain links to the Pennsieve Platform. When you access third party sites, you do so at your own risk. These third-party sites are not under the Pennsieve Platform’s control, and you acknowledge that the Wagenaar Lab is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third-party sites. Furthermore, the inclusion of any such link does not imply endorsement by the Wagenaar Lab and the NINDS or any association with the third-party sites’ operators. Third parties' terms may apply to your use of the Pennsieve Platform Services. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

The Wagenaar Lab and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Pennsieve Platform and Services. We reserve all rights that are not expressly granted to you under these Terms or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, content, or visual design elements or concepts without express written permission from the Wagenaar Lab.I

Neither this Agreement nor any rights or obligations of the parties shall be assigned or otherwise transferred by either party without the prior written consent of the other party. The parties agree that the identity of the parties is material to the performance of this Agreement and that the duties under this Agreement are nondelegable.
Pennsieve Platform terms and conditions may be changed at any time via a public posting of revisions to the Pennsieve Services. As a User, you agree to review the Terms & Conditions and Privacy Policy each time you use the Pennsieve Services so that you are aware of any modifications made to these policies. By accessing or using the Pennsieve Services, you agree with and to be bound by all of the terms and conditions and policies as posted on the Pennsieve Platform at the time of your access or use, including the Privacy Policy.

User Code of Conduct

“Responsibilities”: Your use of the Pennsieve Platform and Services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Pennsieve Platform and Services is in compliance with laws and any applicable regulations.
“User-Generated Content”: You may create or upload User-Generated Content while using the Pennsieve Platform and Services. You are solely responsible for the content that you post, upload, link to or otherwise make available via the Portal and Services, regardless of the form of that Content. User will be liable for the losses, claims, damages, or liabilities that it incurs as a result of its activities under this Agreement except that User, as an agency of the U.S. Government, assumes liability only to the extent provided under the Federal Tort Claims Act, 28 U.S.C. Ch. 171. We are not responsible for any public display or misuse of your User-Generated Content. We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Pennsieve Platform terms or policies.
“Ownership of Content”: You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Portal Users — certain legal permissions, listed in the “Licenses” Section. These licenses apply to Your Content. If you upload Content that already comes with a license granting the Portal the permissions we need to run our Services, no additional license is required. You understand that you will not receive any payment for any of the rights granted in the “Licenses” Section. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

USER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF USER CONTENT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS.

“Licenses”:

For clarity, if any provision in the licenses granted below conflicts with or is inconsistent with any U.S. federal law or regulation, then the applicable U.S. federal law or regulation will preempt that provision. The parties agree to ensure that the terms of any granted licenses are not in conflict with terms of the CC-BY License (https://creativecommons.org/licenses/by/4.0/). If any provision in the licenses granted below conflicts with or is inconsistent with the CC-BY License, then the CC-BY License will preempt that provision.

Granted to Us: We need the legal right to among others host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Portal and provide the Services. This includes the right to among others copy Your Content to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers, web servers run by hosting companies; share it with other users; and perform it, in case Your Content is something like music or video. This license does not grant the SPARC DRC the right to sell Your Content or otherwise distribute or use it outside of our provision of the Services.
Granted to Other Users: Any User-Generated Content you post publicly, including issues, comments, and contributions to the Portal and Services, may be viewed by others. By posting Content to be viewed publicly, you agree to allow others to view and "fork" Your Content (this means that others may make their own copies of Your Content and store it in repositories, websites, applications, and resources that they control). By posting content to be viewed publicly, you agree that each User of the Portal and Services can use Your Content under the terms of the CC-BY License. You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring, to the best of your abilities, that the Content you upload is licensed under terms that grant these permissions to other Portal Users.

Moral Rights: You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Pennsieve Platform and Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in the “Licenses” Section, but not otherwise. To the extent these Terms are not enforceable by applicable law, you grant us the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Pennsieve Platform and provide the Services.
Application Provider Interface (API): Abuse or excessively frequent requests to Pennsieve Platform or Services via an API may result in the temporary or permanent suspension of your Account's access to the API. The Pennsieve Platform, in our sole discretion, will determine abuse or excessive usage of an API. We will make a reasonable attempt to warn you via email prior to suspension. You may not share API tokens to exceed the Pennsieve Platform’s rate limitations. You may not use an API to download data or Content from the Pennsieve Platform or Services for spamming purposes, including for the purposes of selling Pennsieve Platform users' personal information, such as to recruiters, headhunters, and job boards. All use of Portal’s and Services’ APIs are subject to these Terms and Pennsieve Platform Privacy Policy .
Cancellation: It is your responsibility to properly cancel your Account with the Pennsieve Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and Your Content within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled. We will not delete Content that you have contributed to other Users' accounts or that other Users have forked.
Termination: We have the right to suspend or terminate your access to all or any part of the Pennsieve Platform and Services at any time, with or without cause, with or without notice, effective immediately. We reserve the right to refuse service to anyone for any reason at any time. Notwithstanding the foregoing, the Wagenaar Lab will guarantee that Your Content submitted to Pennsieve Platform will be available for a minimum of ten (10) years post submission in accordance with the FAIR standards of data sharing and the NIH requirements for repositories.

User has the right to terminate this Agreement and to cancel the Account at any time by providing written notice to Pennsieve Platform within thirty (30) days before the desired termination date.

Liability

For documents and/or data available from the Pennsieve Platform and Services, the The Wagenaar Lab does not warrant or assume any legal liability or responsibility for the accuracy, completeness, reliability, or usefulness of any information, apparatus, product, or process. The The Wagenaar Lab ??expressly reserves the right to change, to delete, or temporarily not to publish the contents wholly or partly at any time and without giving notice.

Liability claims against the The Wagenaar Lab because of loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages arising from accessing, using or not using the Pennsieve Platform, Services, and the published information, through misuse of the connection or as a result of technical breakdowns are excluded. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Disclaimer of Warranties

The Wagenaar Lab provides the Pennsieve Platform and the Services “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Pennsieve Platform and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

The Wagenaar Lab does not warrant that the Pennsieve Platform and Services will meet your requirements; that the Pennsieve Platform and Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Pennsieve Platform and Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Pennsieve Platform and Services will be available at any particular time or location; or that the Pennsieve Platform and Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Pennsieve Platform and Services.

Indemnification

No indemnification for any loss, claim, damage, or liability is intended or provided by either party under this Agreement.

Severability

If any part of these Terms is held invalid or unenforceable, that portion of these Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Wagenaar Lab to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

FOR NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE/
NATIONAL INSTITUTES OF HEALTH