LDbase (referred to as “LDbase”, “LDbase.org”, "us", "our", and "we") is a data repository held by the Florida State University (or “FSU”). LDbase is a NIH-funded collaboration between researchers and librarians to build a first-of-its-kind behavioural data repository containing decades of knowledge from educational and developmental sciences on individuals across the full range of abilities. LDbase will be an open science resource for the educational and developmental science scientific communities, providing a secure place to store and access data and access materials about aspects of data management and analyses. The aim of LDbase is to be a powerful resource that opens up new areas of research and accelerates discoveries, inspiring innovative research that helps us understand how individuals learn, develop, are different from each other, learn new languages, respond to interventions, and interact with their communities.
(Researcher) agrees that it shall protect the data it receives from or on behalf of FSU at all times in accordance with standards prescribed within FSU’s Information Security and Privacy Standard Terms and Conditions at https://fla.st/ITS-ISPO-Addendum
If you have questions about our Websites and Services, please contact us by email at LDbase@fcrr.org.
In this document, we use "you" to refer to researchers and other users of LDbase. We also use the following defined terms:
Project: A "Project" refers to the LDbase content type which represents the research project you are entering into LDbase, which will likely contain datasets or other components.
Dataset: A “Dataset” refers to the LDbase content type which represents your research data you are entering into LDbase, either as an upload or external link.
Codebook: A “Codebook” refers to the LDbase content type which represents the data documentation, protocol, codebook, or similar, describing your Project and Dataset.
Code: A “Code” refers to the LDbase content type which represents the software code (e.g., R, SAS, SPSS) written to create or modify a Dataset.
Document: A “Document” refers to the LDbase content type which represents any research document related to your Project, such as manuscripts, posters and the like.
Project Administrator: A Project Administrator on a Project or component is an individual who has full rights to control all aspects of a Project or component. A Project Administrator can add and edit all Project or Component meta-data, upload to a Project or Component, approve Access Restriction Exempt User status, access and edit any Embargoed Project or Component, add/remove Project Editors and other Project Administrators, and delete the project or component completely from LDbase.
Project Editor: A Project Editor can add and edit all Project or Component meta-data, upload to a Project or Component, approve Access Restriction Exempt User status, and access and edit any Embargoed Project or Component.
Contributor: A contributor is a Registered User or Non-User of LDbase who has been added to a Project or Component as someone who should get citation credit.
Access restriction exempt users: An access restriction exempt user is able to view and download embargoed data.
Registered User: A Registered User has signed up to use Websites and Services, subject to restrictions imposed by LDbase.
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 content. Passive Users can download public data.
LDbase Admin: An LDbase Admin is an individual with complete access to all parts of LDbase.
Public API: An application program interface is available to the public to facilitate computer communication with LDbase. 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.
Privacy Settings: Privacy Settings define whether Project Content may be publicly displayed, displayed with restricted access to a limited group, or unpublished.
5. YOUR RIGHT TO USE LDbase
6. PRIVACY SETTINGS RESTRICTING ACCESS TO CONTENT
LDbase was publicly funded and supports open access to information in the research community. LDbase shares with the public free of charge any data marked as Public through its Websites and Services for viewing and use unless otherwise noted. If you deposit Content into LDbase, you still own the Content, but you grant LDbase 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 LDbase account, you grant LDbase a perpetual, irrevocable, worldwide, royalty-free license to store, reproduce, transmit, distribute, publicly perform, and publicly display such Content, subject to the Privacy Settings the Project Administrator or Project Editor selects. You grant its users a perpetual, irrevocable, worldwide, royalty-free license to use, publicly display, and publicly perform any Project or Content, subject to the Privacy Settings the Project Administrator or Project Editor selects. This limited license continues even after you stop using the LDbase database. If you, the Project Administrator or Project Editor 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. You may grant further rights if you apply a license. If you contribute software code designed to modify and enhance LDbase, the underlying technology platform upon which all Projects, Registrations, and Preprints are stored, you continue to own the code, but you grant LDbase 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 LDbase designates.
Our Privacy Settings for Content are summarized below.
Public. Unless marked, content will be available to the public for viewing and commercial and non-commercial use under the terms of the license identified by the Project Administrator or Project Editor.
Unpublished. Content marked as "Unpublished" may be viewed through LDbase or Public API only by the Project Administrator(s), or a Project Editor for that Project or Component. Unpublished data is not shared with the public, Trusted Parties, or other members of LDbase. Only LDbase employees and our authorized agents' or contractors' staff with a "need to know" access to manage the Websites and Services and process data for LDbase are able to view Unpublished Data.
Embargoed. Data marked as “Embargoed” may be viewed through LDbase or Public API only by the Project Administrator(s), a Project Editor, or an Access Restriction Exempt User of that Project or Component, until the Embargo date has passed, at which time the content will be made Public automatically.
7. YOUR REPRESENTATIONS AND WARRANTIES
8. AUDIT TRAILS
To ensure the transparency of FSU and as a feature of LDbase, we may, but are not required to, keep an audit trail log of when and by whom Project data or information has been deposited or changed and any changes to a Project's privacy settings. While we require all data deposited be accurate, we take no responsibility for the accuracy of the data on the Websites or the Services. Each party agrees to hold the other party 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.
9. PERMITTED AND PROHIBITED USES
FSU and LDbase 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 FSU and/or LDbase’s networks or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of FSU and LDbase’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 FSU, LDbase or LDbase’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, except to anonymize or protect identifying information as required by ethical or legal prescriptions for sharing data. You may not manipulate identifiers to disguise the origin of any data. You may not use FSU, LDbase or LDbase marks in any way to suggest an affiliation with or endorsement by FSU and/or LDbase of any individual, organization, product, service, or research.
10. LIMITATION OF ACCESS AND REMOVAL OF CONTENT
FSU and LDbase makes reasonable efforts to maintain and provide access to its Websites and Services and will endeavour to provide you with advance warning of restrictions to access due to routine website maintenance. FSU and LDbase, at its sole discretion, however, reserve 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 LDbase will endeavour to continue to host all Projects or Components, 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 or Component content if LDbase does not have the financial means to do so itself in the future.
FSU and LDbase are not responsible for screening or reviewing content submitted to the Websites or Services. FSU and LDbase may temporarily or permanently remove any content on the Websites or Services at any time where FSU and/or LDbase, in its sole discretion believes the content is in violation of these Terms of Service or where FSU and/or LDbase 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. LDbase 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.
FSU and LDbase uses reasonable, industry-standard measures to protect the security of LDbase’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 a Project 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.
We will investigate all reported breaches of your password security or of the security of the LDbase Website or Services to confirm if a breach has occurred. If a breach has occurred, FSU and LDbase will work to contain and analyze the reported incident in accordance with standards prescribed within FSU’s Information Security and Privacy Standard Terms and Conditions at https://fla.st/ITS-ISPO-Addendum and FSU’s IT Incident Response Standard at https://its.fsu.edu/ispo/standards/it-incident-response-standard.
12. LINKS AND ADD-ONS
15. WARRANTY DISCLAIMER
NOTWITHSTANDING ANY OTHER PROVISION HERIN TO THE CONTRARY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: (1) THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND (2) FSU AND LDBASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. LDBASE 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 FSU AND LDBASE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR SERVICES. FSU AND LDBASE MAKE 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.
NOTWITHSTANDING ANY OTHER PROVISION HERIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: IN NO EVENT SHALL FSU AND LDBASE 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 FSU AND/OR LDBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. 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. FSU AND LDBASE 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 LDBASE OR THROUGH LDBASE, 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.
16. LIABILITY LIMITATION
NOTWITHSTANDING ANY OTHER PROVISION HERIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL FSU AND LDBASE 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 LDBASE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT LDBASE WOULD NOT PROVIDE THE WEBSITES OR SERVICES ABSENT SUCH LIMITATION.
17. 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.
FSU, LDbase, LDbase.org, and their associated logos (collectively, "LDbase Marks") are trademarks or service marks of FSU and/or LDbase and/or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FSU, LDbase or the applicable trademark holder. The right to use any FSU and/or LDbase trademark can only be obtained via a separate trademark license agreement with FSU and/or LDbase and your compliance with any applicable FSU and/or LDbase Mark usage guidelines. You may not use any metatags or any other "hidden text" utilizing any of FSU and/or LDbase Marks without our prior written permission, nor may you purchase any FSU and/or LDbase 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.
20. 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:
3012 Westcott North
Tallahassee, FL 32306
FSU and LDbase is based in the United States. FSU and LDbase make 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 State of Florida, 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 State of Florida, 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 FSU and/or LDbase to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit FSU and/or LDbase'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.
Contact LDbase at LDbase@fcrr.org, if you have concerns regarding your Personal Data, or wish to exercise any of your rights under the GDPR.
22. RESERVATIONS OF RIGHTS
All rights not explicitly granted herein are reserved.