CVRG ECGrid Toolkit Terms of Use
From CVRG Wiki
Below are the Terms of Use of the ECGrid Toolkit, developed by the CVRG.
ECGrid Toolkit Terms of Use
This is a legal agreement between you and the Cardiovascular Research Grid ("CVRG"); please read it carefully. By using or accessing this website or any website hosted at cvrgrid.org (the "Sites"), or by accessing or using any part of the CVRG ECGrid Toolkit (together with the Sites, the "Service"), you agree to be bound by these Terms of Service and by the CVRG Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by CVRG from time to time in accordance with the next paragraph, will govern all your future use of the Service.
CVRG may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. CVRG recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.
CVRG may modify, suspend, or discontinue, temporarily or permanently, the Service at any time, in its sole discretion.
General
The CVRG enables users to store, retrieve, visualize and analyze files that they provide ("User Files").
The only software needed to access the Service is a standard Web browser. However, CVRG may make certain software applications available to users that offer additional ways to access and integrate with the Service. Such software will be made available by CVRG under the terms of an end user license agreement, which you should read prior to installing that software.
Accounts
In order to use the Service and store, retrieve, visualize and analyze User Files, you must register and obtain a CVRG ECGrid Toolkit demonstration account. In obtaining an account, you agree to provide accurate, current, and complete information.
Your account may have an associated password and other information required for authentication and authorized use of the Service. You agree not to disclose your password or other authentication information to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify CVRG of any unauthorized use of your account. You are responsible for keeping your account information current and accurate; CVRG will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
Responsibility for Data
You have sole responsibility for all User Files that you store, retrieve, visualize and analyze through use of the Service. You acknowledge and agree that CVRG will not be responsible for any failure of the Service to store a User File, for the deletion of a User File transferred via the Service, or for the corruption of or loss of any data, information or content contained in a User File. User Files themselves must contain de-identified data. Any identified data is unauthorized and will result in immediate discontinuation of access to an account by the party in question.
User Files and CVRG's Copyright Policy
You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. CVRG has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders.
CVRG reserves the right, in its sole discretion, at any time, to prohibit storage, retrieval, visualization and analysis of User Files that it believes to be in violation of this Agreement.
Proprietary Rights
All right, title, and interest in and to the Service is and will remain the exclusive property of CVRG and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Ownership of User Files
CVRG does not claim any ownership rights in any User Files that you store, retrieve, visualize or analyze through the Service. However, by storing User Files through the Service, you grant CVRG the non exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting CVRG in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf solely for the purposes of ensuring secure storage, retrieval, visualization and analysis of such User Files.
Trademarks
CVRG, the CVRG logo, and all other CVRG trademarks, service marks, product names, and trade names of CVRG appearing on the Service are owned by CVRG or its licensors. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.
General Prohibitions
As a condition to your use of the Service, you agree not to:
- Store, retrieve, visualize or analyze any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; (viii) that contains any sensitive or national security information, including, but is not limited to, classified information, unclassified controlled nuclear information (UCNI), naval nuclear propulsion information (NNPI), the design or development of nuclear, biological, or chemical weapons, or any weapons of mass destruction; or (ix) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Service or CVRG’s computer systems or the technical delivery systems of CVRG’s providers;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person or entity.
CVRG will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. CVRG may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although CVRG has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. CVRG reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what CVRG considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
Links
The Service may contain links to third-party websites. You acknowledge and agree that CVRG is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by CVRG of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
Termination
CVRG reserves the right to discontinue the Service or to change the Service at any time and without notice. If you breach this Agreement, CVRG will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.
Disclaimer of Warranties
The Service is provided "AS-IS", without warranty of any kind, either express or implied. Without limiting the foregoing, CVRG explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. CVRG makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that CVRG will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
Indemnity
You will defend, indemnify, and hold harmless CVRG, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files transferred by the Service for you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability
In no event will CVRG be liable to you or to any third party for any direct, indirect, special, incidental, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not CVRG has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
Controlling Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Baltimore, Maryland, and you waive any objection to jurisdiction and venue in such courts.
Entire Agreement
This Agreement is the entire and exclusive agreement between CVRG and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between CVRG and you regarding the Service.
General
You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. CVRG may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and CVRG. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. CVRG may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of CVRG to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
If you have any questions about this Agreement, please contact CVRG at sgranite@jhu.edu.
