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Dryad

Terms of Service

Updated: July 26, 2019

These Terms of Service apply to Individuals and Organizations who use or publish content on the Dryad Data Platform, pay for others to publish content (whether through vouchers, deferred payment plans, subscriptions or otherwise), or obtain and reuse content from the Dryad Data Platform. These terms apply with equal force to Individuals and Organizations using the web interface or an application programming interface to the Dryad Data Platform.

By submitting content to or using content from the Dryad Data Platform, submitters and users enter into a binding agreement to accept the Terms of Service described herein. If you do not agree to these Terms of Service, please refrain from using content from or submitting content to the Platform.

If there is any conflict between the Organization Membership Agreement and these Terms, the Organization Membership Agreement will prevail.

Guiding these Terms of Service are Dryad's aims to:

Please address questions or comments regarding these Terms of Service to help@datadryad.org.

Contents

1. Definitions

The following definitions shall apply to terms used herein:

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2. Publication Policies

2.1 Content Criteria

Dryad only Accepts Content that meet the following criteria:

2.2 Embargos

2.3 Expressions of Concern, Retraction and Removal of Data Files

If there is an associated Document, Dryad generally defers authority to the Document publisher when issues arise regarding validity of Content. If Content on the Platform is associated with a Document for which there is an "expression of concern," "retraction," or similar statement on the part of the Document publisher, Dryad will continue to make the Content available, but with an appropriate warning and a link to the statement from the Document publisher. Data files that are updated as corrections to the original paper will be similarly linked to the publisher's corrigendum where Dryad is made aware of such.

Those who wish to see Content on the platform taken down, either for copyright infringement, because of privacy concerns, or for other legitimate cause, should contact curator@datadryad.org providing the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notwithstanding the foregoing, Dryad reserves the right to temporarily or permanently remove any Content at any time if Dryad determines in its sole discretion that the Content is inappropriate (containing personally identifiable, sensitive, infringing or otherwise illegal material, or Dryad is advised by legal counsel that inclusion of such Content presents a potential risk to Dryad); provided, however, Dryad shall not be responsible for screening Content prior to or after its Publication for such issues. Dryad agrees to notify Submitter if Content is rejected or removed and the reasons related to the removal.

2.4 Large files

During the process of submission and review, and with the knowledge and consent of the Submitter, unusually large files that are within the scope of another repository may be transferred for archiving by Dryad to that secondary repository without retention of a copy on the Platform.

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3. Dryad Obligations, Representations and Warranties to Purchasers and Submitters

3.1 Curation

Dryad curation personnel will provide Submitter support and will review and curate Content prior to and following Publication as follows:

  1. Confirm that files can be opened, are not corrupted, and do not contain viruses which can be discovered through commercially reasonable efforts;
  2. Confirm that metadata for the Document is technically correct;
  3. Confirm administrative metadata including, but not limited to, the embargo release date where applicable;
  4. Confirm that files are correctly versioned during the Review Workflow where applicable, and review updates to files and metadata Submitted either before or after Publication;
  5. Confirm that the Submission is covered by a Waiver or Payment Plan where applicable;
  6. Register Digital Object Identifiers (DOIs) for the Content;
  7. Resolve issues that come to the attention of curators after Publication including, but not limited to take-down requests and retraction notices.

Dryad may, but is under no obligation to:

  1. Review Content for personally identifiable or otherwise sensitive or inappropriate information;
  2. Review Content for copyright and license statements that are potentially incompatible with a CC0 Waiver;
  3. Review Content for compliance with file format and minimum reporting guidelines and alert Submitters or publishers when non-compliance is discovered.

Dryad will not:

  1. Make decisions regarding what Content is to be archived by the Document publisher rather than Submitted to the Platform;
  2. Check the scientific validity, veracity, accuracy or completeness of the Content;
  3. Guarantee compliance with content policies or guidelines set by Purchasers, Document publishers or funders in the absence of a separate contract for special curation services;
  4. Modify Content except as a by-product of format migration for preservation and accessibility.

3.2 Content Distribution

3.3 Preservation

Dryad aims to maintain the integrity, availability and reusability of its Content over the long term. Note that it remains the responsibility of Submitters to provide sufficient metadata and background information in order to facilitate Users' understanding of the data.

This policy is informed by the Open Archival Information System (OAIS) reference model (ISO 14721:2012) (http://www.iso.org/iso/catalogue_detail.htm?csnumber=57284) which defines "long term" to be a period of time long enough for there to be concern about the impacts of changing technologies, including support for new media and data formats, and of a changing user community.

3.3.1 Preferred formats and format support levels

While Dryad Accepts all data types and formats within reason, some formats are preferred. Curators may contact Submitters to request a file in an alternate format, and/or Dryad may save additional versions of files that have been transformed to preferred formats. Non-proprietary, openly documented formats are preferred if the format does not compromise reuse potential. Dryad recognizes that some formats may be preferred for reusability even if not ideal for preservation.

Preferred file formats:

Format support levels:

  1. Full support: Dryad will make a best effort to ensure the properties and behaviors into the future of Content submitted in a preferred format or other common format as enumerated below, including future format migration.
    • Text: TXT (ASCII, UTF-8), PDF/A, RTF, CSV/TSV/TAB
    • Office: Open Office (ODS, ODP, ODT), Microsoft Office (DOC, DOCX, XLS, XLSX, PPT, PPTX)
    • Markup: HTML/XHTML, XML, Nexus formats (NEX, NEXML)
    • Image: PDF/A, JPEG/JPEG2000, PNG, GIF, TIFF, SVG (no Java)
    • Audio: FLAC, AIFF, WAV, MP3
    • Video: AVI, M-JPEG2000, MP4
  2. Limited support: For uncommon formats for which we are less confident there will be robust conversion tools, Dryad will make some effort to ensure the future readability and functionality, but there may be some loss. Examples would include PDF files that are not compliant with the requirements of PDF/A.
  3. As-is bitstream access: For binary files from proprietary instrumentation and software and other exotic formats, Dryad preserves the bitstream as-is and makes no commitment to format transformation or future usability.

3.3.2 Procedures for preservation

Dryad aims to preserve the originally submitted Content indefinitely. Steps to ensure long-term availability include:

3.3.3 Security

Full backup copies of Platform Contents are stored in multiple secure facilities offsite. All deposits to Dryad are sent to a CoreTrustSeal-certified preservation repository called Merritt. Merritt distributes backup copies through cloud and physical locations globally. For further details on Merritt’s process and certification, see: https://www.coretrustseal.org/wp-content/uploads/2018/08/UC3-Merritt.pdf

3.3.4 Versioning

Dryad Datasets may be Versioned in order to correct errors in the archived files or to provide additional data associated with the analysis reported in the associated Document.

3.3.5 Sustainability

3.4 Representations and Warranties

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4. Purchaser Obligations, Representations and Warranties to Dryad

Purchaser Obligations:

Purchaser Representations and Warranties:

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5. Submitter Obligations, Representations and Warranties to Dryad

5.1 Permission

5.2 Representations and Warranties

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6. Payment

6.1 Charges at Acceptance

Dryad does not charge any fees for Submissions that are not Accepted by the Platform. Dryad only Accepts Submissions that meet the Content criteria described in Section 2.1, including being in press or previously published by a scholarly publisher.

6.2 Hierarchy of Payments

In determining the party responsible for the Data Publishing Charges, Dryad will apply the following rules in sequence:

6.3 Additional charges

In all instances (other than where a Waiver is granted or a Submission is covered by a Payment Plan), Submitters will be charged excess data fees for Datasets greater than 50 Gigabytes (GB): $50 for each additional 10GB, or part thereof. (Datasets between 50 and 60GB = $50, between 60 and 70GB = $100, and so on). These fees are subject to change as posted to https://datadryad.org

Submitters also are responsible for paying any third-party costs associated with Submission of the Content (e.g. fee to use a large file transfer service external to Dryad).

6.4 Refunds

Data Publishing Charges and excess storage fees are not refundable. Please see Purchase Agreements for information regarding refunds for Payment Plans.

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7. Usage

7.1 Content Usage

7.2 Prohibited Uses Generally

7.3 Ownership and Use of Other Intellectual Property

Dryad owns the service marks Dryad, Dryad Data Platform, and the Dryad logos appearing on the Dryad Website.

Permitted Uses of Dryad Intellectual Property:

Prohibited Uses Dryad of Intellectual Property:

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8. Privacy

Dryad respects the privacy of our Users and Submitters and works to protect all personally identifiable information we collect.

8.1 Information Automatically Collected and Stored via the Website

For planning and scientific review purposes, Dryad will keep records of usage. Dryad makes available to the public information about aggregate usage of Datasets. Logs of usage may also be maintained for the purposes of monitoring and improving services, or measuring the impact of a particular function on our resources. These logs may be made available, after anonymization, to third parties. Usage of the Dryad website indicates agreement to the use of a Google Analytics cookie.

Dryad may automatically collect and store the following information not generally considered "personally identifiable" from Users or Submitters who access Dryad Content directly or indirectly, including:

These data are kept for the purpose of maintaining and improving services on our site and are only reported publically in aggregated form. Unless it is specifically stated otherwise, no additional information about Users will be collected.

8.2 Personally Provided Information

Users who do not Submit Content to Dryad are not asked to provide any personally identifying information.

The Platform shall not store or record any Purchaser's credit card, debit card, bank account or any other form of payment account information on its servers.

Researchers creating data submissions will login to Dryad via ORCID; researchers affiliated with a Member institution will use a single sign in process via Shibboleth. Personal identifiable information is used by Dryad to conduct and improve core services including billing, and responding to customer help requests. We may contact submitters with information or questions directly related to their use of the Platform service.

Publishing organizations and the Platform may send automated notices to each other as part of Submission Integration; these communications may convey personally identifiable information regarding authors and Submitters that will only be accessed by staff as required to provide services.

If Users or Submitters choose to provide Dryad with additional personally identifiable information through an email message, form, survey, etc., Dryad will maintain the information securely to the extent allowable by law and take every precaution to protect it. However, Dryad will treat feedback on services and software provided by Dryad, excluding personally identifiable information, as non-confidential unless the individual or organization providing the feedback states otherwise.

8.3 Security and Intrusion Detection

Dryad implements and follows commercially reasonable electronic security measures to secure the systems through which information is collected or stored. Security protections, and all other elements of this policy, extend to data copies and backups implemented for business continuity.

For site security purposes, and to ensure that this service remains available to all Users, we employ software programs to monitor traffic and to identify unauthorized attempts to upload or change information or to otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.

8.4 Disclosure of Personally Identifiable information

Aggregate information or individual information that does not personally identify a user can be shared with third parties without restriction. One such third party is Google Analytics, (see their privacy policy), which is used to understand how the website is being used.

Dryad will only disclose individually identifiable personal information about its users under the following restricted circumstances:

8.5 Privacy Protection Limits

Referrals to external sites: Dryad's web services may link to Internet sites and services outside the administrative domain of Dryad. Dryad does not govern the privacy practices of these external sites. Users and Submitters should read the privacy statements at these sites to determine their practices.

8.6 Privacy Concerns

If you are concerned about the accuracy of personally identifiable information maintained by Dryad or wish to review, access, amend or correct this information, or would like your personally identifiable information removed from Dryad's records or otherwise deactivated, please contact us at help@datadryad.org. We reserve the right to review requests on a case by case basis.

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9. General Provisions


9.1 Termination

Dryad reserves the right to suspend use by any party (Submitter, Purchaser or User) if that party engages in, or is suspected of engaging in, Prohibited Activities or in any other way breaches any of the party's obligations, representations or warranties hereunder.

For Payment Plans, in the event that Purchaser or Dryad believes that the other party has materially breached any responsibilities, obligations (including timely payment of any fees due hereunder, including under any purchase agreement), representations, or warranties, the non-breaching party shall so notify the breaching party. The breaching party will have 30 days from the receipt of such notice to cure the alleged breach and to notify the non-breaching party in writing that such cure has been affected. If the breach is not cured within the 30-day period, the non-breaching party shall have the right to terminate the Agreement immediately upon written notice.

Notwithstanding the foregoing, Dryad reserves the right to immediately terminate any Purchase Agreement where fees are outstanding for over 60 days.

Dryad has tax-exempt status with the United States Internal Revenue Service ("IRS"), and reserves the right to modify or terminate any Purchase Agreement or Content Publication arrangement subject to a fee if it is advised by the IRS or legal counsel that continuation would jeopardize the exempt status of Dryad; provided that in the event of such termination, Dryad would provide Purchaser or Submitter (as relevant) with as much notice as reasonably practicable and a pro-rata refund.

9.2 Disclaimer

The Content on the Platform and Dryad Website is made available to Purchasers, Submitters and Users on an "AS IS" basis. Except as set forth herein, and to the maximum extent permitted by law, Dryad makes no representations or warranties, express or implied, including, without limitation, (i) implied warranties of accuracy, quality, performance, compatibility, merchantability and/or fitness for a particular purpose, (ii) that any such Content, Dataset or other material is free from personally identifiable, sensitive, infringing, errors, illegal data or material, viruses or other harmful components and (iii) that any such Content not suffer loss, corruption, interruption or destruction.

9.3 Limitation and Release of Liability

To the fullest extent permitted by law, in no event shall Dryad, its directors, officers, employees, agents, contractors, consultants, and assigns (the "Dryad Parties") be liable for any special, indirect, and/or consequential damages incurred by Purchaser, Submitter or User in connection with the Platform, Content, Datasets, the Dryad Website, software or any other Dryad services, even if such damages are foreseeable. Further, to the extent permitted by law, the parties agree that the maximum liability of the Dryad Parties to any Purchaser, Submitter or User hereunder shall not exceed the fees (other than Purchaser's membership fees or Submitter's indemnity) paid by the relevant Purchaser, Submitter or User to Dryad in the last year hereunder. In the case of Users who have paid no such fees, if the law of the relevant jurisdiction bars zero damages, the maximum liability of the Dryad Parties shall be $50.00.

Dryad is not responsible for the actions of other persons and entities, including without limitation, the Content submitted by Submitters and the use of such Content.

9.4 Indemnity

Except as otherwise stated in a Membership Organization Agreement: (i) each Submitter agrees to indemnify and hold harmless the Dryad Parties against any Claims or threatened Claims (including, without limitation, reasonable attorney’s fees) arising out of or related to Content Submitted by the Submitter or a breach of the Prohibited Uses set forth in Section 7.2; (ii) Each User agrees to indemnify and hold harmless the Dryad Parties against any Claims or threatened Claims(including, without limitation, reasonable attorney’s fees) arising out of or related to a breach of the Prohibited Uses set forth in Section 7.2.

9.5 Notices

Any and all notices required or permitted by the Terms of Service shall be deemed delivered if delivered personally, transmitted by electronic facsimile/email or, if mailed by registered or certified mail or express mail, postage prepaid to (i) to Executive Director, in the case of Dryad, or (ii) the party listed on the Purchase Agreement, in the case of Purchasers, or (iii) the Submitter listed during the submission process, in the case of Submitters. Any party may from time to time change the name and address of the individual(s) to receive notice by written notice to the other party as set forth in this section.

9.6 Changes to Terms of Service

Dryad reserves the right to alter services offered by Dryad and/or these Terms of Service at any time in order to ensure their appropriateness to Dryad's mission. Dryad will post any changes on the Website or a link therefrom and will communicate material changes to Submitters and Purchasers; it is the responsibility of Purchasers, Submitters and Users to periodically check the Website for such changes. Notwithstanding the foregoing, Dryad will provide Purchasers with 30 days' written notice prior to the effective date ("Change Effective Date") of any material reduction in services or material modifications to these Terms of Service (as determined by Dryad in its discretion), and a Purchaser shall have the right to provide Dryad with notice prior to the Change Effective Date of its desire to terminate as of the Change Effective Date any outstanding Vouchers, Deferred Payment Plans or Subscription with a pro-rata refund if it does not agree to such material changes.

9.7 Arbitration/Governing Law

Unless otherwise stated to the contrary in any Organization Membership Agreement, any Purchase Agreement and these Terms of Service shall be interpreted under and governed by the laws of North Carolina(United States) excluding any laws that might direct the application of the laws of another jurisdiction. Each party waives all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any to non U.S. courts in connection with any question of law.

Unless otherwise stated to the contrary in any Organization Membership Agreement, all disputes shall be settled in court or by mutually agreed arbitration in North Carolina, and each party consents to such jurisdiction. Each party shall be entitled, without waiving any other rights or remedies, to injunctive or other equitable relief.

9.8 General Miscellaneous Provisions

Each party shall comply with all applicable laws. Dryad reserves the right to take any actions necessary in order to comply with applicable laws or court orders in any jurisdiction. These Terms of Service, together with the Purchase Agreement in the case of Purchasers, makes up the entire agreement between Dryad and Purchaser, Submitter or User, and supersedes any prior written or oral agreements related to the subject matter hereof. If any term is unenforceable, it will not affect the other Terms of Service which shall remain in full force and effect. A waiver of any provision or breach shall not be deemed to be a waiver of any other provision or breach. These Terms of Service do not create any third party rights. Submitter/Purchaser/User (as the case may be) may not assign or otherwise transfer its rights hereunder without the prior written consent of Dryad, and any transfer to the contrary shall be null and void. Unless otherwise stated to the contrary in any Organization Membership Agreement Dryad reserves the right to transfer all of its rights and obligations under any Purchase Agreement and these Terms of Service, including ownership and/or operation of the Dryad Platform to another nonprofit entity in the event of a merger, joint venture, dissolution, or other corporate restructuring.

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