Qiita Data - Terms of Use
Please read these terms of use ("Terms") carefully before using Qiita,
directly or through our web services. By using Qiita, you signify that
you have read, understood and are in agreement with these Terms and with
the University of California's Terms and Conditions of Use posted at
http://www.ucop.edu/terms, which
are incorporated by reference into these Terms as if set forth fully
herein. You also represent that you are the representative of any entity
for which you are using Qiita and that you are authorized by such entity
to enter into a legal agreement on that entity's behalf. If you do not
agree with any of these Terms, you are not permitted to use Qiita.
- Description of Qiita.
-
Qiita is open-source microbial study management platform developed
and maintained by the Knight
Lab at the University of California, San Diego, which is an
organizational unit within the Regents of the University of
California, a California constitutional public corporation.
-
Qiita allows users to keep track of multiple studies with multiple
"'omics" data and Qiita's main site provides database and compute
resources to the global community, alleviating the technical
burdens, such as familiarity with the command line or access to
compute power, that are typically limiting for researchers
studying microbial ecology. Qiita's platform allows for quick
reanalysis of the datasets that have been deposited using the
latests analytical technologies. This means that Qiita's
internal datasets are living data that is periodically re-annotated
according to current best practices.
- Definitions.
-
"Qiita" means the Qiita open-source system maintained by the
Knight Lab at the University of California, San Diego, including
any service, application, data, information, technical assistance,
software, algorithms or analytical tools accessible through the
Qiita website, related web properties, or Qiita's GitHub page.
-
"Data" means any and all information, in whatever form, that you
access through Qiita or transfer to or from the Qiita system in
any way, or extract from Qiita, whether or not created, owned or
licensed by or to you or a third party.
- Your Ownership of Data; Sole Responsibility Regarding Data.
-
You agree that you own or have the necessary licenses, rights,
consents, and permissions to use and submit all Data you load or
post to Qiita, including without limitation, all information,
privacy, and intellectual property rights to do so.
-
You shall be solely responsible for the Data that you transfer to
or from Qiita. You acknowledge that Qiita shall not provide any
data backup or recovery services and that you are solely
responsible for maintaining the availability and integrity of any
Data you transfer to or from Qiita.
- Qiita's Data Rights.
-
You hereby grant to Qiita a non-exclusive, perpetual, global,
irrevocable license, with rights of sublicense, to use your Data,
including raw sequence data in the aggregate, for any purpose,
including maintaining and developing the Qiita system.
- Unpermitted Data.
-
You agree not to transfer Data that constitutes any of the following:
-
protected health information within the meaning of 45 Code of
Federal Regulations part 160 and part 164, subparts A and E;
-
whole genome sequencing data for any human subject;
-
any Data that is copyrighted, protected by trade secret, or
otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such
rights or have permission from the rightful owner(s) to transfer
the Data and grant Qiita, on behalf of the Regents of the
University of California, all of the license rights granted in
these Terms.
- Restrictions on Use; No Clinical Use.
-
Qiita is a research tool only, and you acknowledge and agree that
you shall not use Qiita for any clinical purpose, including for
the diagnosis, prevention, or treatment of any disease of
impairment of, or the assessment of the health of, human beings.
-
You may consult Qiita, including the Data generated as part of a
study that you conduct using Qiita, solely for your own personal
or, as applicable, organizational purposes in accordance with
these Terms of Use.
- No Warranties.
-
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, QIITA IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
You are solely responsible for determining the appropriateness of
using Qiita and you expressly assume all risks associated with
using Qiita, including any risks and costs of program errors,
compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of
operations.
- Limitation of Liability.
-
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
- Indemnification.
-
You agree to defend, indemnify and hold the Regents of the
University of California, its affiliates, licensors and service
providers (including its and their respective employees, officers,
agents, successors, and assigns) harmless against any losses,
expenses, costs or damages (including its reasonable attorneys'
fees, expert fees and other reasonable costs of litigation)
arising from, incurred as a result of, or in any manner related
to your use of Qiita, your use of the Qiita other than as expressly
authorized in these Terms, or your negligence, breach of these
Terms or violation of any applicable law or regulation.
- Violations of Terms.
-
Disruption, Libel, Harassment. You agree not to interrupt, or
attempt to interrupt, the operation of Qiita, or in any way
violate, breach or compromise the security of Qiita or any related
networks or systems, or to otherwise use Qiita other than as
expressly permitted by these Terms and in accordance with and
subject to all applicable laws and regulations. You promise to
comply with all applicable laws, regulations and directives.
-
You promise not to harass, slander, or engage in harmful or
injurious conduct through your use of Qiita.
-
Qiita, in its sole and exclusive discretion, may suspend,
terminate, restrict or otherwise limit your use of Qiita at any
time, without notice or demand and without liability, based upon
violating these Terms or Use, including by violating the Privacy
Policy. Any such violation may result in criminal and civil
liability. If your use of Qiita is limited or terminated under this
provision of these Terms, Qiita may require that you reimburse
Qiita for any costs it reasonably incurs related to transitioning
your Data or study from Qiita to another system; provided, however,
that Qiita shall have no obligation under these Terms to transition
your Data or study and shall only do so in its own discretion and
depending on the availability of resources.
- Severability.
-
If any provision of these Terms is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability
of the remainder of the Terms, and without further action by the
parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
- Governing Law.
-
These Terms and all matters relating to your access to or use
Qiita shall be governed by the laws of the State of California,
without regard to conflicts of laws provisions. Any cause of action
you may have with respect to your access to or use of Qiita must be
commenced within one (1) year after the claim or cause of action
arises.
- Entire Agreement.
-
hese Terms constitute the entire agreement between Qiita (on
behalf of the Regents of the University of California) and you
with respect to Qiita, and these Terms supersede all prior or
contemporaneous communications, agreements and understandings with
respect to the subject matter hereof.
arises.
- Changes to Terms of Use.
-
Qiita may revise and update these Terms from time to time in its
sole discretion. Such changes will be reflected in the Terms
posted to our website at qiita.ucsd.edu. You agree and are bound
by any changes to these Terms when you use or access Qiita after
those changes have been posted on the Website.
arises.