Terms & Conditions - The Neurorobotics platform


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BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

    HBP Neurorobotics Platform
    
    Terms and Conditions for Service
    
    Access to this HBP Neurorobotics Platform ("Platform") is provided to you under 
    these terms and conditions for service and any amendments or supplements to 
    them (collectively referred to as the "Terms & Conditions") that may be posted 
    on the Platform from time to time. Your use of the Platform, or any other 
    services or content provided through the Platform, shall be deemed to 
    constitute your consent to be legally bound by the Terms & Conditions, which 
    shall be enforceable in the same way as if you had signed the Terms & 
    Conditions. 
    If you do not accept the Terms & Conditions when applying for registration or 
    thereafter, when using the Platform, you are not permitted to access or use the 
    Platform or to submit or post, or download any materials on it.
    Besides the law applicable to these Terms & Conditions, this Platform and data 
    available on this Platform are also subject to European legislations and 
    regulations as well as to the ethical principles of Horizon 2020, the EU 
    Framework programme for research and innovation (https://ec.europa.eu/ 
    programmes/horizon2020/).
    
    1. Put at Disposal and Operation of Platform
    
    The Platform is put at disposal and operated by the Ecole Polytechnique 
    Federale de Lausanne as the Coordinator of the HBP ("Coordinator").
    
    2. Scope of the Terms & Conditions
    
    These Terms & Conditions govern all use of the Platform and all content, 
    services and products available at or through the Platform, provided by:
    - collab.humanbrainproject.eu
    - up.humanbrainproject.eu
    - storage.humanbrainproject.eu
    - services.humanbrainproject.eu
    - developer.humanbrainproject.eu
    
    3. Definition of Terms
    
    The following definitions include terms used in European legislations and 
    regulations and introduce new ones, specific to this Platform. 
    
    (a) Approved Use means the access to and use of Data Sets on the Platform for 
    non-commercial and non-competitive use for any Data Users’ research 
    activities in the field of HBP, unless otherwise specified by an agreement with 
    the Data Set Contributor. 
    
    (b) Beneficiary means any party to the HBP Agreements.
    
    (c) Collab is the name given to a collaborative workspace on the Platform. 
    Collabs have a membership list. Collabs can be either public or private.  
    Public Collabs and their contents are visible to all Data Users.  Private 
    Collabs and their content are not accessible by Data Users outside of the 
    Collab membership list.
    
    (d) Consortium means the group that consists of all the parties being part of 
    the HBP Agreements but does not include the European Commission ("EC"). 
    
    (e) Contributors. Individuals and/or institutions that produce and make 
    available Data Sets on the Platform to the Data Users.
    
    (f) Coordinator means the intermediary between the Consortium and the EC as 
    stated in the HBP Agreements. 
    
    (g) Data Set. Digital data, either raw or derived, including but not limited to 
    research and scientific data as well as metadata provided to the Platform by 
    Contributors. Data Set may contain software and algorithms.
    
    (h) Data Set Contact. Party designated in the accompanying metadata of the Data 
    Sets as the primary contact for each Data Set.
    
    (i) Data Set Identifier. A unique data identifier number created by the 
    information system for each Data Set and to be included with each Data Set for 
    the purpose of tracking and ongoing identification of the same.
    
    (j) Data Subject. A natural or legal person whose personal data (i.e. all 
    information relating to an identified or identifiable person) is processed.
    
    (k) Data User. Individual and/or institution to which access to Data Sets on 
    the Platform is granted, subject to the acceptance of the Terms & Conditions by 
    such individuals and/or the institutions, and which are the Beneficiaries, the 
    EC, EU Institutions and other EU bodies as well as the EU Member States.
    
    (l) HBP is the Human Brain Project under the FET Integrated Project (FP7 Grant 
    Agreement no. 604102, i.e. its ramp-up phase), and any following continuation 
    of the project under Horizon 2020.
    
    (m) HBP Agreements mean the agreements concluded in respect of the HBP, such as 
    FP7 Grant Agreement no. 604102, the Consortium Agreement under the FP7 Grant 
    Agreement no. 604102, the Framework Partnership Agreement no. 650003, and 
    their subsequent agreements. 
    
    (n) Personal Data is defined as any information relating to an identified or 
    identifiable natural or legal person, including institutions. An identifiable 
    person is a person who can be identified, directly or indirectly, by reference 
    to an identification number or factors specific to his or her physical, 
    physiological, mental, economic, cultural or social identity. Personal Data 
    does not include publicly available information that has not been combined with 
    non-public Personal Data, nor does it include information that has been 
    anonymized.
    
    4. Access to Platform
    
    The Platform intends to provide functionality designed to enable and enhance 
    collaboration and team science in the field of the HBP. All this research 
    shall, as far as possible, be monitored to ensure the ethical use of data and 
    responsible research and innovation with active roles for scientists, 
    philosophers, ethicists, policy makers and members of society.
    Access to the Platform is reserved to Data Users for activities falling under 
    the Approved Use only.
    Beneficiaries must also comply with the HBP Agreements in their use of the 
    Platform.
    
    4.1 Login Credentials
    To use the Platform, you will be prompted to request an account. You must keep 
    your password secret and not give it to anyone else or let them use your 
    account. You must inform us immediately if you suspect any unauthorized use of 
    or access to your password or account. 
    The Coordinator and the Beneficiaries that participated in the specific action 
    related to the Platform will not be responsible if you suffer any harm or loss 
    because you do not keep your password secret.
    
    4.2 Registration Data and Process
    Registration will happen after acceptance of your account request using the 
    forms on the Neurorobotics home page. The following registration information is 
    required directly or by proxy prior to accessing the Platform:
    
    (a) name; and 
    
    (b) e-mail address.
      Depending of the type of account that you request, other information is 
    required for us to evaluate its relevance.
    
    5. Contributor's Confirmations and Liabilities
    
    By submitting a Data Set for posting on the Platform (which includes posts on 
    Collabs), Contributors confirm that they:
    
    (a) are entitled to post and make available Data Sets for dissemination and use 
    according to these Terms & Conditions; 
    
    (b) make available the Data Sets on the Platform to any and all Data Users 
    (respectively in case of Private Collabs to the members of the Collab 
    membership list) for the Approved Use, on a royalty-free basis and without 
    limitation of time and place;
    
    (c) will maintain the Data Sets on the Platform for access and use according to 
    these Terms & Conditions in the event of their resignation from the HBP's 
    Consortium; 
    
    (d) provide Data Sets that comply with ethical, scientific and/or industrial 
    best practices and institutional guidelines;
    
    (e) respect the general rule that Personal Data regarding patients, subjects or 
    participants in clinical trials or other research should not be posted and are 
    not available on the Platform. If this is not possible, Personal Data shall be 
    anonymized to the greatest extent possible in light of the objectives of the 
    Platform;
    
    (f) do not upload, make available and/or disseminate data, including Data Sets, 
    on the Platform containing viruses, worms, spyware, malware or any other 
    similar malicious programs;
    
    (g) allow the EC or Beneficiaries to use any materials, documents or 
    information contained in the Data Sets for its communication and publicizing 
    activities, provided that this use does not compromise the legitimate interests 
    of the Contributor; 
    
    (h) do not submit any information or materials with the Data Sets that infringe 
    or is capable of infringing third party rights, are libelous, obscene, 
    threatening or otherwise unlawful;
    
    (i) agree to be audited for ethical compliance by subproject 12 of the HBP (cf. 
    www.humanbrainproject.eu/ethics-and-society); and
    
    (j) are solely and entirely responsible and liable for their Data Sets.
    The Coordinator may at its discretion review compliance of the Contributors 
    with these confirmations and liabilities. Non-compliant Data Sets may be 
    removed from the Platform.
    
    6. Terms on Use of Data Sets
    
    6.1 Rights of Access and Rights of Use
    Use of (including access to) the Data Sets by the Data Users is restricted to 
    the Approved Use.
    Data Sets are provided for use by the Data Users only. Any rights to 
    sub-license are excluded, if not expressly agreed with the Contributor.
    The Data User is permitted to produce and distribute derived works from Data 
    Sets provided that those derivatives are released for the Approved Use. Any 
    other uses for the Data Sets or its derived products will require explicit 
    permission from the Contributor.
    Software and algorithms contained in Data Sets are made available pursuant to 
    the terms of their respective license agreements. For a use outside the HBP, a 
    Contributor may require that the Data Sets are subject to licensing and/or must 
    be kept confidential as provided for by these Terms & Conditions. This 
    requirement must be expressly indicated in each Data Set. In such a case, 
    licensing terms will be directly agreed between the Contributor and the 
    involved Data Users.
    
    6.2 Other Limitations of Use
    The following additional limitations apply to the use of the Data Sets by the 
    Data Users:
    
    (a) Data Users may receive access to de-identified or aggregated Data Sets and 
    in such cases, they will not attempt to establish the identity of, or attempt 
    to contact any of the Data Subjects;
    
    (b) Data Users may not carry out any calculations, operations or transactions 
    that may interrupt, destroy or restrict the functionality of the operation of 
    the Platform or of any program, computer or means of telecommunications;
    
    (c) Data Users may not use the Data Sets for high risk activities such as the 
    operation of nuclear facilities, air traffic control, or life support systems, 
    where the use or failure of the Services could lead to death, personal injury, 
    or environmental damage.
    
    (d) Data Users commit to require from anyone of their team who utilizes the 
    Data Sets, or anyone with whom they share the Data Sets, to accept and comply 
    with these Terms & Conditions; and
    
    (e) Data Users commit to comply with any additional rules and regulations 
    imposed by their institutions and their institutional review board in accessing 
    and using the Data Sets.
    
    6.3 Citations
    Each Data User agrees to properly cite the Data Sets, including the Data Set 
    Identifier, in any publications or in the metadata of any derived data products 
    that are produced using the Data Sets. 
    Citations shall take the following general form: Creator, Year of Data Set 
    Publication, Title of Data Set, Data Set Identifier. Where a paper on the Data 
    Set of its Contributor is available, then this should be cited. Where a date of 
    issue of the Data Set is available, this date should be cited.
    
    6.4 Acknowledgements
    Data Users agree to include the following acknowledgment in any of their 
    disseminations and publications, where the Data Sets contributed significantly 
    to their content:
    "Data in this publication were provided by the HBP and/or received from 
    services operated by the HBP. The HBP has received funding from the European 
    Union’s FP7 programme under Grant Agreement no. 604102, and from the European 
    Union’s Horizon 2020 research and innovation programme under FPA No 650003 
    (and corresponding Specific Grant Agreement number)." 
    In addition, Data Users agree to include any additional acknowledgment of 
    institutional support or specific funding awards provided in the metadata 
    accompanying any Data Set, including those requested by the Contributor, in any 
    dissemination where the Data Set contributes significantly to its content.
    
    6.5 Report of Misuse
    Any and all Data Users commit to report any use or disclosure of the Data Sets 
    non-compliant with these Terms & Conditions of which they become aware as soon 
    as possible, but at the latest within 15 days of becoming aware of such use or 
    disclosure.
    Reports/disclosures should be submitted to the HBP Point of Registration at: 
    www.hbp-pore.eu. 
    Non-compliant Data Sets may be removed from the Platform.
    
    7. Personal Data Policy
    
    The following privacy rules apply to any form of processing (including but not 
    limited to collection, use and disclosure) of Personal Data through the 
    Platform. 
    This Personal Data Policy applies exclusively to this Platform and hence not to 
    any other website the Platform refers to.
    
    7.1 Your consent
    By using the Platform, you acknowledge and consent that:
    You provide only Personal Data as far as required and necessary (e.g. login 
    credentials);
    As far as you submit Personal Data of third parties (e.g. in Data Sets) to the 
    Platform that you have informed them about the use of their Personal Data and 
    that you are entitled, according to the applicable data protection regulation, 
    to do so;
    Personal Data provided by you may be disclosed for the use and the maintenance 
    of the Platform to Data Users worldwide as long as they have implemented 
    privacy and security practices consistent with this Personal Data Policy and 
    with Swiss and EU data protection legislation; and
    You will process Personal Data only for the use and the maintenance of the 
    Platform as long as you have implemented privacy and security practices 
    consistent with this Personal Data Policy.
    
    7.2 Passive Collection of Personal Data
    While you use the Platform, Personal Data may be recorded passively (i.e. 
    without you actively providing them to us), e.g. through use of your Internet 
    Protocol ("IP") addresses and cookies ("Passive Collection").
    
    7.2.1 Internet Protocol
    An IP address is a number which is allocated to your device by your internet 
    service provider in order to enable you to access the Internet. Data is saved 
    automatically when you browse the Platform, whereby it is possible that 
    information indirectly related to your person is collected and combined with 
    your person.
    This information is used to enhance your experience in using the Platform and 
    is not shared with external parties except as aggregated statistics. In the 
    case of aggregated statistics, no personal information or behavioral data is 
    visible.
    
    7.2.2 Cookies
    To make this site work properly, we sometimes place small data files called 
    cookies on your device.
    A cookie is a small text file that the Platform saves on your device when you 
    visit the Platform. It enables the Platform to remember your actions and 
    preferences (such as login, language, font size and other display preferences) 
    over a period of time, so you do not have to keep re-entering them whenever you 
    come back to the Platform.
    We may use cookies to remember:
    if you have agreed (or not) to our use of cookies on the Platform; and
    your display preferences, such as contrast color settings or font size.
    Furthermore, please note that we use Google Analytics to monitor the traffic to 
    our website. For more information read the Google Analytics policy (cf. 
    https://support.google.com/analytics/answer/6004245).
    Enabling these cookies is not strictly necessary for the Platform to work but 
    it will provide you with a better browsing experience. You can delete or block 
    these cookies, but if you do that some features of the Platform may not work as 
    intended.
    The cookie-related information is not used to identify you personally.  These 
    cookies are not used for any purpose other than those described here.
    You can control and/or delete cookies as you wish. For details, see 
    www.aboutcookies.org. You can delete all cookies that are already on your 
    device and you can set most browsers to prevent them from being placed. If you 
    do this, however, you may have to manually adjust some preferences every time 
    you visit the Platform and some services and functionalities may not work.
    
    7.3 Control on Personal Data
    You will always be able to check any of your Personal Data. This means that you 
    can always (i) obtain information about your Personal Data on the Platform; 
    (ii) request us to correct or update your Personal Data and (iii) request us to 
    delete or block your Personal Data.
    Where we disclose Personal Data to domestic or international service providers 
    (commissioned data processing) for the purpose of maintenance of the Platform, 
    the service providers are not deemed third parties and are bound by contract to 
    comply with Swiss Data Protection law and this Personal Data Policy. 
    We will take appropriate measures to protect Personal Data from loss, misuse 
    and unauthorized access, unauthorized disclosure, changes, deletion or 
    destruction. Nevertheless, please note that the Internet and with that the 
    Platform is never entirely secure or error-free. When sending your Personal 
    Data electronically via the Platform, a secured internet connection (SSL) will 
    be used for the transmission to your device. It is, however, your 
    responsibility to take corresponding safeguard measures in the use of password 
    etc.
    
    8. Copyright
    
    The content, organization, graphics, design, compilation, magnetic translation, 
    digital conversion and other matters related to the Platform are protected 
    under applicable copyrights, trademarks and other proprietary (including but 
    not limited to intellectual property) rights.
    Subject to statutory allowances, extracts of material from the site may be 
    accessed, downloaded and printed for your personal and non-commercial use 
    within the Approved Use only.
    
    9. Confidentiality 
    
    Only Data Sets uploaded into Private Collabs are considered to be confidential. 
    Data Sets contained in Private Collabs are not to be shared with parties 
    outside of the members of the Collab, unless written permission is granted by 
    the Contributor for the respective Data Set. Any Data User and/or Contributor 
    agrees to keep confidential any data, documents and/or other material, in any 
    form including as well Data Sets, that is uploaded into Private Collabs for an 
    unlimited period of time, unless otherwise specified or agreed.
    Data Sets uploaded to the Platform or to Public Collabs are considered 
    non-confidential in all cases.
    
    10. Termination and Liability
    
    The Coordinator shall have the right to terminate access and use of the Data 
    Sets immediately by written notice upon the Data User's breach of, or 
    non-compliance with, any of the terms of the Terms & Conditions. 
    The Data User may be held entirely responsible for any misuse that was caused 
    or encouraged by the Data User's failure to abide by the Terms & Conditions. 
    Consequences from failure to abide by the Terms & Conditions may include legal 
    proceedings.
    
    11. Disclaimer
    
    The Data Sets, and any part thereof, as well as the Platform are provided for 
    the Approved Use only.
    The Platform and the Data Sets are provided on an "as is" and "as available" 
    basis. Please note that the Platform and the Data Sets may contain bugs, 
    viruses, errors, problems or other limitations. To the extent permitted by law, 
    the Coordinator and the Beneficiaries that participated in the specific action 
    related to the Platform exclude any warranties (whether expressed or implied) 
    for the Platform and the Data Sets. This includes, but is not limited to the 
    disclaimer of any implied warranties of merchantability and fitness for a 
    particular purpose of the Platform or of any Data Set.
    Data Sets may contain advice, opinions, statements or other information by 
    various authors or entities. Reliance upon any such advice, opinion, statement 
    or other information is at your own risk.
    The Coordinator and the Beneficiaries that participated in the specific action 
    related to the Platform disclaims, to the extent permitted by law, all 
    liability and responsibility arising from any use of the Platform or the Data 
    Sets. In particular, but not as a limitation thereof, the Coordinator is and 
    the Beneficiaries that participated in the specific action related to the 
    Platform are not liable for any damages (including damages for loss of 
    business, loss of profits, litigation, or the like), whether based on breach of 
    contract, breach of warranty, tort (including negligence), product liability or 
    otherwise, even if advised of the possibility of such damages. The 
    acknowledgment of exclusion of liability is an essential condition for the 
    Coordinator and the Beneficiaries that participated in the specific action 
    related to the Platform granting access to the Platform and to the Data Sets. 
    This Platform and its services and/or information are provided to Data Users 
    with these limitations only. 
    The Coordinator reserves the right to discontinue at any time, temporarily or 
    permanently, your ability to access the Platform as well as to upload Data Sets 
    and/or access them with or without notice, at its sole discretion and for any 
    reason whatsoever.
    
    12. Applicable Law and Jurisdiction
    
    The substantive laws of Switzerland, excluding any conflict of law rules, shall 
    apply to any dispute arising out of the access and use of the Platform and of 
    the Data Sets pursuant to these Terms & Conditions. The ordinary courts of 
    Lausanne, Switzerland, shall have exclusive jurisdiction, subject to appeal, if 
    any.
    Law and jurisdiction applicable to the Contributors, the Data Users and the 
    Beneficiaries pursuant to the HBP Agreements are expressly reserved.
    
    13. Contact Us
    
    In case you have any queries, comments or concerns about these Terms & 
    Conditions, please contact:
    neurorobotics@humanbrainproject.eu 
    
    14. Imprint
    
    This Platform is put at disposal and operated by:
    Ecole Polytechnique Federale de Lausanne, Coordinator of the Human Brain Project
    CH - 1015 Lausanne
    Version 1, released on 30 March 2016