By default, all datasets added into SBGrid Data Bank (SBDB) are granted the CC0 Public Domain Dedication Waiver. The SBDB uses CC0 by default for all datasets because CC0 has name recognition in the scientific community, making it a familiar option for data (for which in general copyright does not apply), and is in use by repositories as well as scientific journals that require the deposit of open data. The CC0 Public Domain Dedication Waiver is similar to terms under which macromolecular coordinates are distributed by the Protein Data Bank and is also compatible with existing patents that might cover structural information.
For more information on CC0, please visit the Creative Commons website (http://creativecommons.org/about/cc0).
Any materials (books, articles, conference papers, theses, dissertations, reports, and other such publications) created that employ, reference, or otherwise utilize the data (in whole or in part) gathered from deposited datasets should credit the source with the applicable data citation generated by the SBDB (found on the dataset page, e.g. Harrison, SC, Modis, Y. 2015, “X-ray Diffraction data for: Crystals of Dengue Virus Protein. PDB Code 1OKE”, SBGrid Data Bank, V1, http://dx.doi.org/10.15785/SBGRID/5). These citations include the data authors, data identifier, and other information in accordance with the Joint Declaration of Data Citation Principles (http://force11.org/datacitation) for all research data. To find out more, visit Data Citation Best Practices guide (http://best-practices.dataverse.org/data-citation).
Users of the Service should not abuse the available data that relate to human subjects and use the materials to:
These Community Norms are not a substitute for the CC0 or custom licenses applicable to each dataset. Please be advised that the Community Norms are not a binding contractual agreement, and that downloading datasets from the SBGrid Data Bank does not create a legal obligation to follow these policies.
The SBGrid Data Bank reserves the right, at its sole discretion, to modify or replace any of the terms in this Agreement at any time without prior notice to Users. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes.
Account - A User-controlled means of access to SBGrid Data Bank that is protected by a login username and password, with which Users can obtain access to the SBGrid Data Bank's uploading functionalities.
Author (or Contributor) – The person(s) from whom the data within the dataset originated; the person(s) who conducted the research that led to the creation of the dataset. This person can but need not be the same as the Depositor.
Content - Any information, data, text, software, scripts, graphics, and interactive features found on the SBGrid Data Bank application.
Curation - The actions of any User on the SBGrid Data Bank application that organize, shape, or otherwise edit the state, status, configuration, or content of any datasets.
Data Usage License Agreement - The license agreement between a Depositor and a Downloader governing the limits and restrictions (or lack thereof) of how the downloaded User Submissions can be used.
Dataset - A study, experiment, or set of observations that is uploaded by a User. A dataset can comprise a single file or multiple files.
Depositor - The User who uploads a collection of data files as a dataset to the SBGrid Data Bank.
Download Data - Information collected whenever a dataset is downloaded, including but not limited to IP address, time of download, and downloaded file name.
Harvard - Harvard University, legally defined as The President and Fellows of Harvard College, a Massachusetts nonprofit educational corporation.
SBGrid - The SBGrid Software Consortium Service Center at Harvard’s Department of Biological Chemistry and Molecular Pharmacology.
SBGrid Data Bank - The repository application server as a whole, including all Services, Content, and related features.
Metadata - Accompanying information, either in a separate file or otherwise included in the dataset materials, about a particular dataset, including but not limited to Author’s name, publishing date, title of data contents, description of contents, and other such related information.
Publish - A function available for User Submissions by which Users can make their dataset containing data files publicly available and publicly searchable on the SBGrid Data Bank application search engine and third-party search engines (e.g., Google Search or Bing Search).
Restricted User Submissions - Any User Submissions that are published with either the SBGrid Data Bank's Data Use Agreement.
Service - the SBGrid Data Bank application and all of the available services, functions, and capabilities afforded on the application.
Site - the SBGrid Data Bank application and server.
Spamming - Any unauthorized or unsolicited advertising, junk or bulk e-mail, messages, comments, or other communications directly or indirectly stemming from use of the SBGrid Data Bank application, including but not limited to comments posted to Author’s dataset pages and messages or other communications sent to User’s email addresses, accounts, or other means of contact.
Sufficient length of time - Any period of time as obligated by any pre-existing legal contract, such as with the subjects concerned in the research data, or with the institution that is sponsoring or that sponsored the research undertaking. If no such obligation exists, then the requisite length shall be any reasonable amount of time as designated by the SBGrid Data Bank's administrators in its sole discretion.
Unpublished Dataset - An uploaded dataset that has not yet been made available to the public and is viewable only to the Depositor or other users to whom the Depositor has granted access.
Unrestricted User Submissions - Any User Submissions that are published with a default CC0 public domain dedication waiver agreement.
Use of Service - Any access to, use of, or other action involving the SBGrid Data Bank application’s functions, services, resources, and repository of datasets, including but not limited to any uploading, posting, submitting, storing, searching for, downloading, distributing, facilitating distributions, and otherwise utilizing any Content found on the SBGrid Data Bank application.
User - Any individual or entity who owns and/or controls a registered account on the SBGrid Data Bank.
User Submissions - Uploaded datasets.
User Uploads - Any uploaded, submitted, disclosed, distributed, or otherwise posted content by a User, including but not limited to new datasets, Metadata information, descriptive information for dataset download pages, and other contributions either originating from the User or originating from a third-party author who gave permission to the User to disseminate on the SBGrid Data Bank application.
In using the Service, you represent that:
You shall abide by all applicable local, state, national and international laws and regulations in your Use of the Service, and your Use of Service shall not:
As both a registered User and an unregistered Guest, you are able to download publicly available Content from the SBGrid Data Bank. As a condition to your gaining full Use of Service, you are required to be logged into an Account on the SBGrid Data Bank. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account password. You shall never use another user’s account without the other user’s express permission. You will immediately notify the SBGrid Data Bank in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
In having an account on the Service, you acknowledge that:
The Service provides you with the ability to post User Uploads and display, and distribute User Uploads by creating a dataset.
The SBGrid Data Bank has no obligation to monitor the Site, Service, Content, or User Uploads. The SBGrid Data Bank may remove any User Upload at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Upload), or for no reason at all.
You acknowledge that the SBGrid Data Bank does not endorse, take responsibility for, or make any representations or warranties for any User Uploads, and will not be liable for 1) User Upload content, format, Metadata, or lack thereof; 2) representations or warranties made by the User about the User Uploads; and 3) any loss of or damage to User Uploads, either in whole or in part, from whatever cause.
By posting User Uploads, or by allowing others to do so, you make the following representations and warranties to the SBGrid Data Bank:
You grant to the SBGrid Data Bank all necessary permissions and required licenses to make the Content you submit or deposit available for archiving, preservation and access, within the Site and the Data Preservation Alliance for Structural Biology (“Data-PASB, http://data-pasb.org”). This includes, without restriction, permission to:
You also grant to the SBGrid Data Bank all necessary permissions, waivers and required licenses to share any Published Content’s metadata you submit or deposit with the SBDB (data.sbgrid.org).
None of the above supersedes any prior contractual obligations with third parties that require any information to be kept confidential. Nothing in this Agreement obligates you to disclose information to the SBGrid Data Bank if such information is otherwise confidential or proprietary. The SBGrid Data Bank does not approve User Uploads before they are posted; therefore, you are solely responsible for the User Submissions you post on or through the Service and all possible confidentiality or other privacy issues that may arise from your posting any User Uploads.
You acknowledge that the SBGrid Data Bank’s data usage license agreement for all uploaded materials is a Creative Commons Zero (“CC0”) Public Domain Dedication Waiver. For more information, please visit the Creative Commons Zero Full Legal Text (https://creativecommons.org/publicdomain/zero/1.0/legalcode).
The SBGrid Data Bank is not responsible for any inaccuracies, unenforceable terms, or liabilities that may arise from data released under Creative Commons Zero Public Domain Dedication Waiver.
Downloaders represent that, in downloading any material from the Site, they:
The SBGrid Data Bank may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER UPLOADS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, THE SBGRID DATA BANK DOES NOT WARRANT THAT: (A) THE CONTENT OR USER UPLOADS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT IN THEIR POSTED FORMS ON THE SERVICE; (B) THE SERVICE WILL BE SECURE ; (C) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SITE, CONTENT OR ANY USER UPLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY CONTENT IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL HARVARD, SBGRID OR THE SBGRID DATA BANK AND ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
You and the SBGrid Data Bank agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This is an agreement (“Agreement”) between you the downloader (“Downloader”) and the owner of the materials (“User”) governing the use of the materials (“Materials”) to be downloaded.
I. Acceptance of this Agreement
By downloading or otherwise accessing the Materials, Downloader represents his/her acceptance of the terms of this Agreement.
II. Modification of this Agreement
Users may modify the terms of this Agreement at any time. However, any modifications to this Agreement will only be effective for downloads subsequent to such modification. No modifications will supersede any previous terms that were in effect at the time of the Downloader’s download.
III. Use of the Materials
Use of the Materials include but are not limited to viewing parts or the whole of the content included in the Materials; comparing data or content from the Materials with data or content in other Materials; verifying research results with the content included in the Materials; and extracting and/or appropriating any part of the content included in the Materials for use in other projects, publications, research, or other related work products.
In Use of the Materials, Downloader represents that:
B. Restrictions In his/her Use of the Materials, Downloaders cannot:
IV. Representations and Warranties
USER REPRESENTS THAT USER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, USER DOES NOT WARRANT THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE ; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET DOWNLOADER’S REQUIREMENTS. DOWNLOADER’S USE OF THE MATERIALS IS SOLELY AT DOWNLOADER’S OWN RISK.
V. Limitation of Liability
IN NO EVENT SHALL USER BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
Downloader will indemnify and hold User harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the i) Downloader’s misuse of the Materials; (ii) Downloader’s violation of the terms of this Agreement; or (iii) infringement by Downloader or any third party of any intellectual property or other right of any person or entity contained in the Materials. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
VII. Dispute Resolution
Downloader and User agree that any cause of action arising out of or related to the download or use of the Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes under this Agreement will be resolved in the applicable state or federal courts of Massachusetts. Downloader consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available.
VIII. Integration and Severability
This Agreement represents the entire agreement between Downloader and User with respect to the downloading and use of the Materials, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Downloader and User with respect to downloading or using the Materials. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
User may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.