Terms of use

The Regents of the University of Michigan (“Michigan”) are making certain Materials (as defined below) and data processing tools and services available to you (“You” or “Your”) through the COSMIC-CRYOEM website located at www.cosmic-cryoem.org or www.cosmic2.sdsc.edu (the “Site”, and collectively with the Materials and services, the “Services”)).  Please read these terms of service carefully before using the Site. These terms of service govern Your access to and use of the Services and create a binding agreement (“Agreement”) between You and Michigan.

IF YOU DON’T UNDERSTAND HOW THIS AGREEMENT APPLIES TO YOUR ACCESS TO OR USE OF THE SERVICES, OR YOU THINK THAT YOUR ACCESS TO OR USE OF THE SERVICES WOULD BE IN VIOLATION OF THIS AGREEMENT, YOU SHOULD CONTACT COSMIC² (see section 10) BEFORE YOU ACCESS OR USE THE SERVICES. YOU MUST BE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS AS AN INDIVIDUAL. IF YOU DON’T OR CAN’T ACCEPT THESE TERMS AND CONDITIONS PLEASE STOP HERE AND DO NOT ACCESS OR USE SERVICES.  COSMIC² IS NOT INTENTED FOR USE BY ANYONE UNDER THE AGE OF 18.  IF YOU ARE UNDER 18, YOU ARE NOT PERMITTED TO USE THE SERVICES.

  1. Privacy Policy

Your use of the Services is subject to the terms set forth in our privacy policy located at http://cosmic-cryoem.org/privacy-policy/ (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. We encourage you to read our Privacy Policy carefully and use it to make informed decisions. The Privacy Policy is incorporated into these Terms by reference, and if you don’t agree with the Privacy Policy, then you may not use our Services.

  1. Your Account/Access

Before You can access the Services, You need to register and create an account. By registering for an account, You will be sure that all information You provide to the Site (“Registration Data”) is complete and accurate. Michigan reserves the right to refuse access to the Site to anyone at any time at its sole discretion. You agree to keep Your Registration Data current and complete so that Michigan may send important notices about Your account and the Services from time to time.

Regardless of the physical location from which You access or use the Site and the Services, You will be considered to be accessing or using information technology of the University of Michigan.

  1. COSMIC² Intellectual Property

As part of our Services, we may make certain Materials and Services available to You.  As used in this Agreement, “Materials” means the cryo-EM movies, micrographs, particle stacks, and other files generated from cryo-EM data processing, as well as videos, images, data, models, configurations, weights, parameters, text, and related materials provided through or in connection with the Services. You acknowledge and agree that we retain all right, title, and interest in and to the Materials and Services and that You have no right, title or interest in or to the Materials or Services except for the limited license expressly granted to you in these Terms.  As long as you abide by these Terms and any other rules provided to you by us from time to time, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Materials and Services provided to you solely for your personal use, non-commercial use and not for the use by or benefit of any third party or commercial entity. For commercial use, please email us directly to discuss commercial licensing at cosmic2support@umich.edu.

You agree that you will not modify or alter the Services except as authorized in writing. The Services may contain a proprietary tagging system that You agree not to use with any other materials. You also agree not to bypass, delete, or disable any copy protection mechanisms or any security mechanisms in the Site or the Services.  Any use of the Materials, Site or Services other than as specifically authorized herein is prohibited.

  1. User Supplied Materials and User Content

Our Site may provide you with the ability to upload cryo-EM data, images, and other related information (“User Supplied Materials”).  By uploading or sharing User Supplied Materials on or through our Site, and subject to our Privacy Policy, you acknowledge and agree that we may use and aggregate your User Supplied Materials to provide the Services and make Materials available to you, as well as in data analysis, reports, benchmarks, model development and optimization or other interpretations of trends for both internal and external purposes.

The end user shall not provide or submit protected health information within the scope of the Health Insurance Portability and Accountability Act (HIPPA) of 1996 as amended, and the end user shall immediately notify cosmic2support@umich.edu of any incidental or inadvertent provision or submission of such information.

Our Site may also provide you with the ability to submit, distribute, transmit, or post any communications or any other content or material to us on through any of our public channels, like a message board or other public forum (collectively, “User Content”).  User Content is considered non-confidential and non-proprietary and won’t be treated as private or confidential. (For more information on what types of information we treat as confidential or private, please take a look at our Privacy Policy).  By providing any User Content, you grant us, our affiliates and our licensees, successors and assigns an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free right to use reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material and information in any way and for any purpose. In addition to giving us a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

Michigan expressly prohibits the use of the Services for the illegal transmission of copyrighted material, and will, if notified by content owners, disable copyrighted material from being transmitted via the Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Designated Agent at cosmic2support@umich.edu with the subject line: “DMCA Takedown Request”.

To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located in the Services, with enough detail that we may find it in the Services; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  1. Code of Conduct

In addition to any other terms and conditions of this Agreement, YOU AGREE TO ABIDE BY THE FOLLOWING RULES:

  • You will not share passwords or other access information or devices or otherwise authorize any third party to access or use the Services on Your behalf.
  • You will not engage in unlawful, illegal, or fraudulent activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the Site or the Materials or any accounts, computers, or networks related to the Services.
  • You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the Site, the COSMIC² Materials, or others’ equipment or software or others’ data, or attempt to do so, or encourage or assist others to do so.
  • You will not initiate a denial of service attack against the Site or the Services or release a virus, trojan horse, worms or other malware or spyware.
  • You will not use the Services to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
  • You will not use the Services to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • You will not use the Services to libel or defame others.
  • You will not resell or charge others for the Services, either directly or indirectly.
  • You will abide by reasonable administrative directives issued from time to time concerning the access or use of the Site or the Services.
  1. Suspension and Termination of Your Use of the Services

If You breach or violate the terms and conditions of this Agreement, Your access to the Services and use of the Materials may be suspended or terminated without prior notice to You. You acknowledge that if Your access to and/or use of the Services and the Materials is suspended or terminated, it is possible that You may no longer have access to the User Supplier Materials or User Content that You provided to us.

You agree that if You breach this Agreement, Michigan may take any available legal actions.

  1. Changes to Agreement

Michigan reserves the right to update and revise this Agreement at any time. Michigan will change the “Effective Date” at the top of this page so You can determine if the terms of this Agreement have changed since Your last visit.  You should routinely check the web page to find out if any changes have been made that affect Your use of the the Services. Unless otherwise specified, changes made to this Agreement will be effective when they are posted to the web page. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE, YOU MUST TERMINATE YOUR USE OF THE SERVICES.

  1. Monitoring

Michigan may monitor Your use of the Services to assess compliance with the terms of this Agreement.

  1. Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. MICHIGAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE MATERIALS OR SERVICES FOR YOUR PURPOSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER MICHIGAN, NOR ANY OF ITS RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR THE COSMIC² MATERIALS FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND THE MATERIALS.

  1. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Michigan.

  1. General

Your access to and use of the Services are governed by this Agreement and any other terms agreed to in writing. In the event You have any questions about this Agreement, You should contact cosmic2support@umich.edu

If any part of this Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Michigan to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to anyone else.