Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. [THE SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, DO NOT ACCESS OR USE THE SERVICES (INCLUDING THE WEBSITE)].
You are responsible for maintaining the confidentiality of your Account credentials. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You agree that your Account will be self-directed and that you are solely responsible for all activities undertaken under your Account.
Scope of Use
You may not, and may not attempt to:
- use the Services to misuse or abuse any third-party property (including, without limitation, software, equipment, networks, and network devices); or
- make any unauthorized use of or interfere with any property of SAS Institute, Inc. ("SAS"), which hosts the Website for Project Data Sphere, or of any customer of SAS; or
- impersonate or attempt to impersonate any other person, misrepresent your identity or affiliation with any person or organization, or otherwise engage in conduct that is intended to harm any other person in any way; or
- engage in any activity that is in violation of the law or aids or assists any criminal activity in connection with your access or use of the Services; or
- use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any part of the Services; or
- remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or
- interfere or tamper with the proper functioning of the Services, including without limitation through use of any device, software, or routine that interferes with the proper working of the Services or any connection to the Services; or
- use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
- upload any software or application(s) to the Website.
You may not use the Services to, or attempt to use the Services to:
- conduct any technology-based harm including, but not limited to, distribution of viruses, spyware, adware, malware, unauthorized extraction of data, interruption or disruption of networks or accounts connected to the Services, or transmission of unsolicited marketing material or communications in any form (commonly referred to as "SPAM"); or
- engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information protected as trade secret information in violation of a duty of confidentiality; or
- engage in any activities or actions that would violate the personal privacy rights or other proprietary rights of others; or
- provide, send, post, download, use, or knowingly receive materials or information in violation of any applicable law or regulation or that is defamatory, harassing, discriminatory, offensive, threatening, obscene, abusive, or otherwise inappropriate or disruptive, or assist in any similar related activities; or
- intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or
- engage in any activities or actions intended to misuse, misappropriate, or abuse other users' Account credentials or other confidential information; or
- for any illegal purpose, in violation of any applicable laws or regulations, or in violation of the rules of any other service provider engaged by or for your benefit; or
- assist or permit any person to engage in any of the activities described above.
You understand that Project Data Sphere may discontinue or change the Services at any time, without notice. You also understand that Project Data Sphere may discontinue or restrict your access to or use of the Services for any reason without notice.
You agree: (a) to fully cooperate at your expense as reasonably required by an Indemnified Party; (b) that each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder; (c) that you shall not settle any matter involving an Indemnified Party without the written consent of the applicable Indemnified Party.
ALL SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT PROVIDED ON THE WEBSITE) ARE PROVIDED TO YOU ON AN AS IS AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU ASSUME THE RISK OF ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. PROJECT DATA SPHERE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY SERVICES, OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. Without limiting the foregoing, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party via the Services.
PROJECT DATA SPHERE FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVERS OR OTHER ASSETS THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO REFRAIN FROM USING THE SERVICES.
Limitation of Liability
PROJECT DATA SPHERE, ON BEHALF OF ITSELF, EACH OF ITS LICENSORS, ITS HOSTING SERVICE PROVIDER AND EACH DATA PROVIDER DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE, EVEN IF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR COMPUTER PROGRAMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Notwithstanding the foregoing, the above exclusions and limitations of liability are intended to apply to you to the greatest extent allowed by law.
As between you and Project Data Sphere, the Services and all content, information, materials, features, and functionality (including but not limited to all software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) made available via the Services are owned by Project Data Sphere, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accessing or using the Services does not give you ownership of any intellectual property rights in the Services, including in the Website and the Content you access via the Website, and by using the Services you acknowledge that Project Data Sphere or its licensors are the sole owner of the Services and all intellectual property rights therein.
PROJECT DATA SPHERE and the accompanying logo are service marks of Project Data Sphere. Unauthorized use of any Project Data Sphere service mark or logo may be a violation of federal and state trademark laws.
Compliance with the Digital Millennium Copyright Act of 1998.
As a courtesy, Project Data Sphere is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") concerning notice of claimed online copyright infringement. Project Data Sphere is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters.
The DMCA provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Project Data Sphere takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law, including the requirements of the DMCA. If a person who provided allegedly infringing material to Project Data Sphere believes in good faith that a notice of copyright infringement has been wrongly filed, that person may submit a counter-notice to assert a private dispute with the claimed copyright owner. Project Data Sphere will not be a party to such disputes over alleged copyright infringement.
It is Project Data Sphere’s policy to, in appropriate circumstances, disable and/or terminate access to the Services by users who are repeat infringers.
Notification of Claimed Copyright Infringement
If you believe in good faith that any Content made available via the Services (including any information posted or made available by a user of the Services) violates your rights under U.S. copyright law, you must give Project Data Sphere written notification of your claim in accordance with the requirements of the DMCA, which are summarized below. Written notification of your claim must be submitted to the following designated agent to receive notification of claimed infringement:
Name: Bill Louv
Address: Project Data Sphere. 1204 Village Market Place, Suite 288, Morrisville, NC 27560
Telephone Number: (919)-221-6073
To be effective, a notification of copyright infringement must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website, are covered by a single notification, a representative list of works at that site.
- 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 Project Data Sphere to locate the material.
- Information reasonably sufficient to permit Project Data Sphere to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
- 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 copyright owner, its agent, or the law.
- 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.
You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement.
Responding to a Claim of Copyright Infringement
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Project Data Sphere's designated agent referenced above within thirty (30) days of the date the material was removed from the Project Data Sphere Website.
To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The person's name, address, and telephone number, and a statement that he or she consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which Project Data Sphere may be found, and that the person will accept service of process from the complaining party or an agent of such person.
Upon receipt of a counter notification containing the information as outlined in clauses (1) through (4) above, Project Data Sphere shall promptly provide the complaining party with a copy of the counter notification.
The DMCA allows us to restore the removed content if the complaining party does not file a court action against the provider of the counter notice within ten business days of receiving the copy of the counter notice. Please be aware that if you knowingly materially misrepresent that material or activity made available via the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
The Services may contain links to websites operated by other parties as a convenience to users. The linked sites are not under the control of Project Data Sphere, and Project Data Sphere is not responsible for the content available on any other website that is linked. Such links do not imply Project Data Sphere's endorsement of material on any other site, and access to any other Internet sites linked to the Services is at your own risk. Project Data Sphere disclaims all liability with regard to your access to such linked websites.
Unless otherwise set forth in a written agreement between you and Project Data Sphere, you must adhere to Project Data Sphere's linking policy as follows: (i) any link to this Website must be a text only link clearly marked "Project Data Sphere," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Project Data Sphere's name and service marks, (iii) the link must "point" to the URL www.projectdatasphere.org and not to other pages within this Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Project Data Sphere, (v) when selected by a user, the link must display this Website on full-screen and not within a "frame" on the linking website, and (vi) Project Data Sphere reserves the right to revoke its consent to the link at any time and in its sole discretion.
Use of Information; Reliance
The Content made available via the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Project Data Sphere or its affiliates to any registration requirement within such jurisdiction or country.
The Content made available via the Services is made available solely for general information purposes. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other user of the Services. You agree to evaluate the appropriateness of any information obtained via the Services prior to using it. You are responsible for conducting due diligence and exercising care when using the Services, and you alone are responsible for the decisions you make and how you make use of the Services and any information contained therein, and you do so at your own risk.
The Services include Content provided by third parties, including materials provided by other users. We are not responsible, or liable to you or any third party, for the content or accuracy of any Content provided by any third parties.
Violations and Additional Policies
Without limiting the foregoing, we reserve the right to refuse access to any Service, terminate or suspend your Account, disable any user identification code or password, remove or edit any Content, or otherwise terminate your right to use the Services, in whole or in part, at any time, without prior notice or liability, for any or no reason, including: (a)
- if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Project Data Sphere, SAS, or other third parties from any threat or perceived harm, including to person or property; or
- for fraud prevention, risk assessment or security purposes; or
- if we decide to suspend or terminate the Services.