ODI Portal Conditions of Use
WIYN ODI Portal Conditions of Use Policy
LastUpdated: 18Feb2013
The WIYN ODI Portal is a part of the Pipeline, Portal, and Archive (PPA) system. The Portal and its supporting services (collectively referred to hereafter as “Portal”) are intended for the advancement of scientific and technical research, the education of students and the public, and for the dissemination of data and information to the news media. Limited use, with restrictions, is also permitted for commercial endeavors (see the ODI/PPA Data Rights Policies document).
The PPA system is a joint development project of the WIYN Consortium, Inc. and its partner institutions at Indiana University’s Pervasive Technology Institute (IU/PTI), and at the National Optical Astronomy Observatory (NOAO). For the purpose of this policy, WIYN and the partner institutions will be referred to hereafter as “WIYN” or “we”; “you” refers to
Terms & Conditions
By using this Site, you agree to these terms and conditions of use. WIYN reserves the right to modify these terms at any time. You should check these terms and conditions periodically for changes. By using this Portal after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Portal.
All content on this Portal is subject to change without notice. WIYN reserves the right, in its sole discretion, to terminate your access to all or part of this Portal with or without notice. WIYN may change, suspend or discontinue all or any aspect of the Portal at any time, including the availability of any feature, database, or content (including the
Privacy
The Information We Collect
We collect certain
To enhance your experience with our site, our web pages may use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your
us by, for example, registering with the NVO. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in
How We Use the Information
We will use the information you provide about yourself to fulfill your requests for data products and services, and to respond to your inquiries about our products and services. We sometimes use this information to communicate with you, such as to notify you when data from your observing program is available in the Archive for download.
We sometimes use the
We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
Authorized employees and partners of WIYN who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for WIYN.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.
Your Account
If you use this Portal and are granted a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WIYN reserves the right to refuse service, terminate accounts, or remove or edit content from your personal workspace if conduct is detected that violates this Conditions of Use Policy.
Rules of Conduct
You shall not upload to this Portal any Content which is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, contains viruses or other contaminating or destructive features, violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or otherwise violates any applicable law.
You may not upload to this Portal any links to any external site. You may not use this Portal for any purpose other than for research or educational purposes identified above. In particular, you may not use this Portal for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or for any political purpose.
Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Violations of system or network security are prohibited and may result in criminal and/or civil liability. WIYN will investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Complaints regarding suspected illegal use or network security should be sent to security@ppa.iu.edu.
Monitoring
WIYN has the right, but not the obligation, to monitor the content of the PPA Portal, including personal workspaces, to determine compliance with this Policy and any operating rules established by WIYN and to satisfy any law, regulation or authorized government request. WIYN has the right in its sole discretion to edit, refuse to post or remove any material submitted to or uploaded to the PPA Portal. Without limiting the foregoing, WIYN has the right to remove any material that WIYN, in its sole discretion, finds to be in violation of these provisions or otherwise considers objectionable or contrary to the purpose of this Portal.
Copyright/Conditions of Use for Data
Investigators of approved pODI observing programs have certain specific rights to data that are accessible through this Portal. Other researchers, educators, members of the public, and the news media are also allowed to use the Portal to discover and access certain pODI data products. The use of data in the pODI Archive by all categories of users is subject to the terms and conditions specified in the ODI/PPA Data Rights Policies document. By registering to use this Portal, you agree to abide by these data rights policies.
Disclaimer of Warranties and Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF THE PPA PORTAL IS AT USER’S SOLE RISK. NEITHER WIYN, ITS PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PPA PORTAL WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PPA PORTAL, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WIYN.
THE PPA PORTAL IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WIYN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
IN NO EVENT WILL WIYN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PPA PORTAL OR RELATED SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OF THE PPA PORTAL. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT IN THE PPA PORTAL.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WIYN, NOR ITS SERVICE PARTNERS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WIYN PORTAL, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
Contact
If further information or assistance is needed, please contact:
WIYN ODI Archive Permission (WIYN_archive_permission@noao.edu)
WIYN Observatory
950 N. Cherry Avenue
Tucson, AZ 85719
Phone: