CENTER FOR OPEN SCIENCE, INC.
TERMS AND CONDITIONS OF USE
Center for Open Science, Inc. (referred to as "the COS", "Open Science Framework", "OSF", "us" "our" and "we") is a nonprofit organization that operates certain websites at the cos.io (or centerforopenscience.org) and the osf.io (or openscienceframework.org) URLs ("Websites" or "Services"). The COS conducts research on scientific practices and provides grants for relevant projects. The COS fosters an open and interactive community among open source developers, open science researchers, and the broader scientific community. We also support and improve the scientific workflow by connecting technologies that researchers use by means of our development and administration of the Open Science Framework.
If you have questions about our Websites and Services, please contact us by email us at firstname.lastname@example.org.
In this document, we use "you" to refer to researchers and other users of the Websites and OSF. We also use the following defined terms:
a. Project. A "Project" is an individual or collaborative enterprise that also may have embedded within it subproject(s) or "Project components" or "component(s)" of the Project.
Proxy. A Proxy is a person to whom the Administrator has granted the authority to manage a Project or Project component on his or her behalf, which may include setting and modifying user access, privacy settings, license terms, and editing and depositing Content.
Contributing User. A Contributing User may access, deposit, and edit Content to a Project or a Project component.
Active User. An Active User may have select interactive use of the Websites and Services, subject to restrictions imposed by the Administrator.
Passive User. A passive user, including journal editors/reviewers, other scientists, and members of the general public, may use the Websites and Services solely as an information resource without any ability to change or modify any Project content.
d. Public API: An application program interface available to the public to facilitate computer communication with the OSF. Parts or all of the Websites and Services are accessible via various Public APIs, including but not limited to, GitHub, Twitter, Facebook, YouTube, Google Scholar and Google Groups, and LinkedIn.
e. Privacy Settings. Privacy Settings define whether Project Content may be publicly displayed, displayed with restricted access to a limited group, or private.
f. Trusted Party: A Trusted Party is an individual or organization to which the Administrator has given the right to view, edit, and/or deposit specific data within a Project or Project component.
YOUR RIGHT TO USE OSF
PRIVACY SETTINGS RESTRICTING ACCESS TO CONTENT
The COS supports open access to information in the research community. The COS shares with the public free of charge any data marked as Public through its Websites and Services for viewing and use, including commercial uses, unless otherwise noted. If you deposit Content into OSF, you still own the Content, but you grant the COS and its authorized users a license to use it. Specifically, by depositing any Content (including data and links, but not the linked content) in a COS account, you grant the COS and its users a perpetual, irrevocable, worldwide, royalty-free license to sublicense, reproduce, store, modify, transmit, distribute, publicly perform and publicly display such Content, subject to the Privacy Settings the Administrator or Proxy selects. This limited license continues even after you stop using the COS database. If you or the Administrator previously made Content publicly available through the Websites and Services, there is no way to stop the public from continuing to use that Content, given the public nature of the Internet.
If you contribute software code designed to modify and enhance the OSF, the underlying technology platform upon which all Projects are stored, you continue to own the code, but you grant the COS and its authorized users a perpetual, irrevocable, worldwide, royalty-free license to sublicense, reproduce, store, modify, transmit, distribute, publicly perform and publicly display the code, subject to the terms of the open source license the COS designates.
Our Privacy Settings for Projects are summarized below.
a. Public. Content marked as "Public" will be available to the public for viewing and commercial and non-commercial use under the terms of the license identified by the Administrator.
b. Private. Content marked as "Private" may be viewed through the OSF or Public API only by the Administrator(s), a Contributing User of that Project or Component, anyone with a view-only link created by an Administrator, or any designated Proxy. Private data are not shared with the public, Trusted Parties or other members of the COS. Only the COS employees and our authorized agents' or contractors' staff, with a "need to know" access to manage the Websites and Services and process data for the COS are able to view Private Access Data.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to the COS that:
b. If you are an Administrator, you are not misrepresenting your identity or organizational affiliations in any manner.
c. All data you deposit is true and correct at the time of deposit. If you later discover that any data was not true and correct at the time of deposit, you must correct the data.
d. The license you grant to the COS and the public to any content, data, texts, blogs, software code, data sets, links or other materials, or other content you deposit, does not infringe on the copyright or other rights of a third party.
e. If you are a registered user, you will update and maintain the accuracy of your contact information.
To ensure the transparency of the COS and as a feature of the OSF, we may, but are not required to, keep an audit trail log when and by whom Project data or information has been deposited or changed and any changes to a Project's privacy settings. While the COS requires all data deposited be accurate, the COS takes no responsibility for the accuracy of the data on the Websites or the Services. You agree to hold the COS and its representatives and agents, and its and their directors, officers and employees, harmless regarding any disputes regarding data deposits and privacy settings and any claims, regardless of theory of law, arising from such disputes.
PERMITTED AND PROHIBITED USES
The COS operates open services developed by and for the research community. We encourage you to consider community norms and expectations in your use of the Websites and Services.
You may not use the Websites or Services to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any data, content, or material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Websites or Services any information the disclosure of which would constitute a violation of any confidentiality obligation on your part. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the COS's networks or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the COS's Websites and Services. You're strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are further prohibited from harvesting addresses, email addresses or other personal data for commercial purposes and from sending unsolicited or unauthorized advertising, promotional materials, or other unsolicited communications to other users of the Websites or Services. You may not use the Websites or Services in a way that harms the COS or the COS's members, affiliates or vendors, or other users. You may not deposit, edit, modify or otherwise use any data in a manner that makes it false, incomplete or misleading. You may not manipulate identifiers to disguise the origin of any data. You may not use COS or the COS marks in any way to suggest an affiliation with or endorsement by the COS of any individual, organization, product, service, or research.
LIMITATION OF ACCESS AND REMOVAL OF CONTENT
The COS makes commercially reasonable efforts to maintain and provide access to its Websites and Services and will endeavor to provide you with advance warning of restrictions to access due to routine website maintenance. The COS, at its sole discretion, however, reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Websites or Services or portions thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Websites or Services. While the COS will endeavor to continue to host all Projects, as a non-profit entity, it cannot guarantee that it will have the resources to do so over time, and it reserves the right to designate a substitute host of its choosing for Project content if the COS does not have the financial means to do so itself in the future.
The COS is not responsible for screening or reviewing content submitted to the Websites or Services. The COS may temporarily or permanently remove any content on the Websites or Services at any time where the COS, in its sole discretion believes the content is in violation of these Terms of Service or where the COS is acting in compliance with the Digital Millennium Copyright Act. You are advised not to use the Websites or Services as the exclusive storage repository for your data and content. The COS recommends that you separately store all data and content submitted to the Websites and Services on other secure servers or with reputable third party hosting services.
The COS uses commercially reasonable, industry-standard measures to protect the security of the COS's Websites and its Services. Despite these measures, we cannot guarantee that unauthorized persons will not be able to defeat our security measures. Your access to some of our Websites and Services and content may be password protected. To maintain the security of your information (or another user's personal information that you are authorized to manage as an Administrator), you must keep your username(s) and password(s) strictly confidential and not disclose them to anyone. You will be solely responsible for any action, activities, and access to our Websites and Services that are taken using your username and password and that occurred before you notified us of their loss. If you become aware of any security breach of your password or of the security of the Websites or Services, you must contact us as soon as possible.
LINKS AND ADD-ONS
THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COS MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR SERVICES. THE COS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR SERVICES OR THE INFORMATION, CONTENT, DATA, MATERIALS, OR PRODUCTS DISPLAYED ON THE WEBSITES OR THE SERVICES.
IN NO EVENT SHALL THE COS OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITES OR SERVICES, EVEN IF THE COS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY DATA, CONTENT, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES, SERVICES, OR APPLICATION PROGRAMMING INTERFACES OR ANY THIRD PARTY PRODUCT ACCESSING THE WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF DATA, CONTENT, OR SERVICES. THE COS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS OR RESEARCH CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITES. YOUR USE AND PARTICIPATION IN THE WEBSITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COS OR THROUGH THE COS, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES AND SERVICES, THAT YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE COS OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE COS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000.00). YOU AGREE AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE COS WOULD NOT PROVIDE THE WEBSITES OR SERVICES ABSENT SUCH LIMITATION.
USE OF SOFTWARE
If you download code or software tools (the "Software") from the Websites or Services, the use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If a Software License Agreement does not accompany or is not provided with the Software and the Software is sample or beta code or is provided for evaluation purposes, then you must contact the Project Administrator for the applicable Software License Agreement. You may not download or install the Software until you have read and accepted the terms of the applicable Software License Agreement.
Center for Open Science, COS, Open Science Framework, OSF and their associated logos (collectively, "COS Marks") are trademarks or service marks of the COS and/or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the COS or the applicable trademark holder. The right to use any COS Mark can only be obtained via a separate trademark license agreement with the COS and your compliance with any applicable COS Mark usage guidelines. You may not use any metatags or any other "hidden text" utilizing any of COS Marks without our prior written permission, nor may you purchase any COS Marks as advertising keywords. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Websites and Services are the property of their respective owners. Reference to any product vendors, service providers, laboratories, auditors, products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (17 USC § 512), any notifications of claimed copyright infringement must be sent to our Designated Agent:
Center for Open Science
210 Ridge McIntire Rd.
Suite 500, Charlottesville, VA, 22903
or sent via e-mail to
The COS is based in the United States. The COS makes no claims that the data or content on its Websites or Services is appropriate or may be downloaded outside of the United States. Access to the Websites and Services may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the Commonwealth of Virginia, excluding that state's conflicts of laws provisions. Any action or proceeding arising out of or related to these Terms or your use of the Websites or Services must be brought in the state or federal courts of the Commonwealth of Virginia, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Websites or Services must be commenced within one (1) year after the claim or cause of action arises. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms, and you expressly waive all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile with proof of receipt of transmission, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the COS to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit the COS's rights with respect to such breach or any subsequent breaches. These Terms set forth the entire understanding and agreement of the parties, and supersede any and all oral or written agreements or understandings between the parties, as to their subject matter.
RESERVATIONS OF RIGHTS
All rights not explicitly granted herein are reserved.