TERMS OF USE
for the JHU Data Archive

ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) govern and control your rights to access, use, and navigate the Johns Hopkins University (“JHU”) Data Archive website (the “Website”). By accessing the Website, you expressly agree without limitation or qualification to the Terms of Use contained herein. These Terms may be deleted, amended, modified, replaced, or added at any time (a “Change”), and your continued access, use, dissemination, reproduction or navigation of the Website represents your acknowledgement and acceptance of the Change. Changes are effective upon posting by JHU. Failure to honor and comply with the Terms may result in JHU blocking your access to the Website. If your violation of the Terms causes harm to others, you agree to hold JHU harmless against any liability of that action.

Words such as “we”, “us”, “our”, or similar terms refer to JHU. Words such as “you”, “your(s)” or other similar terms refer to the “User”.

DESCRIPTION OF SERVICES

The JHU Data Archive is owned and operated by JHU for the purpose of archiving, preserving and sharing content in support of Federal data sharing policies (the “Purpose”). The Website requires registration before an Originator or Data Provider may deposit data. During registration, you are required to provide certain information, such as information related to federal funding that supported the Content being deposited. Registration is not required for Users who are searching Content in the Archive.

DEFINITIONS

The following terms and definitions apply.

User — Any individual or organization using the JHU Data Archive website.

Content — All digital information, data, text, software, music, sound, photographs, graphics, video, messages, metadata for projects and collections, or any other digital materials whatsoever.

Originator — Person or organization having primary responsibility for the intellectual content of the data, that is, the person or organization that generated the dataset(s). The Originator is not necessarily the Data provider or the person or organization responsible for publishing the data, and does not necessarily own the intellectual property rights (or copyright) of the data.

Data provider — The individual or organization from which the Content has been obtained. The Data provider is usually the data copyright holder. However, in some instances the Data provider may not own the copyright but have the permission of the copyright holder to provide Content under these Terms of Use.

CONTENT

All Content, whether publically posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not JHU, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the JHU Data Archive. No user shall transmit Content or otherwise conduct or participate in any activities on the JHU Data Archive that, in the judgment of JHU, is likely to be prohibited by law in any applicable jurisdiction, including laws governing encryption software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

JHU reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, JHU shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms, JHU policy, or Institutional Review Board requirements for human subjects protection. JHU, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined by JHU to protect the rights, property, or personal safety of the JHU Data Archive Users and the public. Each User, by using the JHU Data Archive, may be exposed to Content that is offensive, indecent or objectionable. Each User must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

USE OF CONTENT

All Content made available to you is protected by copyright and/or other intellectual property rights. All use of any Content we make available is subject to these Terms and the license that accompanies the Content.

Under these Terms you are permitted to access and hold any Content for your own private use or for use in the ordinary course of your business provided that use is in accordance with these Terms.

You must reference the recommended bibliographic citation in any derived information product or publication, whether printed, electronic or broadcast, that employs resources provided by the JHU Data Archive. Authors of publications based on data in the JHU Data Archive should send citations of their published works to JHU for inclusion in a database of related publications.

Access to some or all parts of the Content we hold may be restricted for a variety of reasons, including but not limited to the right for Originators or Data providers to embargoes.

Originators and contributors have used due diligence in preventing information in the collection from being used to disclose the identity of research participants. Information directly related to the identity of research participants has been removed. Anonymity of research participants must be maintained. You may not:

  • Try to reveal the identity of any individuals by your own means;
  • Publish or by any means make publicly available combinations of Content with other data you possess that could lead to the identification of research participants.
RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the JHU Data Archive, use of the JHU Data Archive, or access to the JHU Data Archive without written consent by an authorized JHU official. An exception is granted for the use of collection metadata for indexing purposes. Exceptions are made according to the specific license associated with The Content.

ACCURACY OF INFORMATION AND DISCLAIMER

We make no representation and give no warranty that any Content is accurate, up to date or complete. We accept no liability for any loss or damage caused by inaccurate, out of date or incomplete Content.

You are responsible for implementing sufficient procedures and check points to satisfy your particular requirements of accuracy of the Content. The Content we hold are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by JHU and are not intended to be relied upon when making (or refraining from making) any decision or conclusion.

If you find any inaccurate, out of date or incomplete Content, or if you suspect that Content in the JHU Data Archive is an infringement of intellectual property rights, please let JHU know by contacting JHU (datamanagement@jhu.edu) or the Data Provider of the Content to which the issue relates.

You are responsible for ensuring that your computer resources are suitable for access and use of the Content we hold. We do not warrant that any Content available to you will be free from viruses and other code that might be harmful. You are responsible for implementing sufficient anti-virus and other security checks to protect against such harmful codes.

THIRD PARTY GOODS AND SERVICES

We do not in any way control or endorse Content we hold that has been supplied by a third party. All Content supplied by third parties is made available in good faith, but we do not (to the extent allowed by law) accept responsibility for their accuracy or use.

REGISTRATION OBLIGATIONS

When requested, Originators and Data Providers must: (1) personally provide true, accurate, current and complete information on the JHU Data Archive’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, JHU has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, JHU may suspend or terminate that user’s account and prohibit any and all current or future use of the JHU Data Archive (or any portion thereof) by that user other than as expressly provided herein.

Upon completing certain JHU Data Archive registration processes, each user will receive password and account designations and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. JHU cannot and will not be liable for any loss or damage arising from a user’s failure to comply with these Registration Obligations, including any loss or damage arising from any user’s failure to: (1) immediately notify JHU of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

PROTECTING PERSONAL DATA OF REGISTRANTS

We want to protect the privacy of Users, Originators, and Data Providers. Please read our
Privacy Policy (appended to these Terms of Use); it will help you to understand how we use your personal data. We may change our Privacy Policy at any time without giving you notice, so please check it each time you visit this Web site.

Whenever you give us personal data, you are consenting to its collection and use in accordance with our Privacy Policy.

JHU DATA ARCHIVE MONITORING

The JHU will keep records of usage for planning and scientific review purposes. The JHU Data Archive may make aggregated information about the usage of Content to third parties for non-commercial use. Logs of JHU Data Archive usage may also be maintained for the purposes of monitoring and improving services and measuring the impact a particular service has on resources. These logs will be kept in confidence and we will not make them available for other purposes or to third parties.

We reserve the right to break connection, throttle access, or terminate transfer for a given session if it is having an undue impact on the system.

LIMIT OF LIABILITY

The Use of this Website is entirely at your own risk, and in no event shall JHU, The Johns Hopkins University or any of their affiliated entities, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Website and/or Content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the service.

GENERAL

Jurisdiction. These Terms shall be interpreted in accordance with the laws of the State of Maryland and Venue shall be appropriate in the state and federal courts in Maryland.

No Waiver of Rights. No delay, neglect or forbearance on the part of JHU in enforcing these Terms will be, or be deemed to be, a waiver. Nor will it prejudice or preclude the future exercise of any right, power, or privilege granted to JHU under this agreement.

Severability. If any of these Terms is for any reason held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms; and they will continue in full force and effect.

Entire Agreement. No addition to or modification of any provision of these Terms will be binding on JHU unless made in writing and signed by their duly authorized representatives. “Writing” includes by email.


PRIVACY POLICY
for the JHU Data Archive

Any personal information collected by the JHU Data Archive will not be published or passed on to third parties without prior consent and will be shared with appropriate parties only when there is a legal obligation to do so.

Visitor Information

The JHU Data Archive server automatically collects information including IP address, browser type, operating system, access times etc. Such information is only used for administrative purposes and to monitor traffic to the site.

Cookies

Some sections of the JHU Data Archive site may utilize cookies. Cookies are small files which are stored on the User’s hard drive to identify the user and are used to customize the site to the User’s specifications. Cookies can be disabled but doing so may limit the functionality of some areas of the site.

Registering with the JHU Data Archive

In order to deposit Content you must first register with the JHU Data Archive for two reasons:

  • so that we know you have accepted to be bound by the JHU Terms of Use, and
  • to help JHU analyze site usage for statistical purposes.

JHU may supply data providers (or depositor) statistics regarding the dates their Content was downloaded and the organization (or location, if an individual) that downloaded them. Data providers will not be able to view any other information about registered users.

If you require further information or would like your details removed from JHU’s records, please email your request to datamanagement@jhu.edu.

JHU is not responsible for the policies or content of others sites linked to or from the JHU Data Archive.

JHU Data Archive Terms of Use/Privacy Policy V20150520