- Use of MorphoSource Site for Contributing and Managing Data: The ability to upload, edit and manage data on MorphoSource is a service to users who have Content and need or want to engage in the following activities regarding data in their possession: archiving, organizing, visualizing, studying, collaborating, sharing, or fulfilling requirements made by third parties to engage in these activities. MorphoSource makes no official estimates or guarantees made regarding the future duration over which Contributor services of this Site will continue. Nonetheless, to insure integrity of published literature, we have the right to prevent you from removing Content that you or your designees have made accessible via urls, ark identifiers or digital object identifiers (DOIs), because such Content may have been referenced in the published literature. If you upload Content or make an item of Content available to others, you shall do so in accordance with the terms of the rights granted to you for each particular item of Content. For example, you may not upload a facsimile of a published version of an article to MorphoSource under these open access terms, unless the publisher so permits. Further, you will not upload and/or distributeon MorphoSource any translation, adaptation, or other derivative work of an item of Content except as authorized under U.S. copyright law, MorphoSource File Use Agreements, other laws, and agreements provided by third party contributors of the Content.You agree to only upload, edit and manage Content that are yours or that you have explicit, written permission from the owner and/or all holders of applicable intellectual property rights to use in this way. When uploading, editing and managing Content of which you are not the sole owner/intellectual property rights holder, you shall respect Content owner/intellectual property rights holder requests and guidelines for specifying “ownership and permissions” in MorphoSource. You are solely responsible for being aware of and including any and all restrictions specified by the owner/intellectual property rights holders on Content that you uploadto MorphoSource. If your actions uploading, editing and/or managing Content violate any restrictions asserted by a holder of intellectual property rights in the Content, any resulting damage is your responsibility. We do not guarantee the security of uploaded Content and recommend Contributors only upload Content eventually intended for access by the general public. We also reserve the following rights related to Contributors and the Content they create: we reserve the right to i) request that Contributors remove any Content or user accounts for any reason; ii) remove Content or accounts without consent after due notification; iii) downgrade Contributor accounts to non-Contributor accounts for any reason; iv) deny requests by Contributors to assign DOI’s to Content for any reason; v) prosecute any users or groups that purposefully or neglectfully engage in damaging activity with or on MorphoSource.
- Disclaimer of Warranties: THE SITE AND THE CONTENT ARE PROVIDED "AS IS." TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY, OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY POSTED MATERIAL OR CONTENT PROVIDED BY OTHERS, INCLUDING DUKE-AFFILIATED AUTHORS. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
- Limitations of Liability and Remedies: WE MAKE THE SITE AND THE CONTENT AVAILABLE FREE OF CHARGE. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN AND SOLE RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OFANY KIND ARISING OUT OF, OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR ANY THIRD-PARTY RIGHTS IN THE CONTENT, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Copyright Complaints: We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please contact us via this link
- Other Site Issues: Please direct all other communications to firstname.lastname@example.org
Long term management
- The sustainability of MorphoSource and the value of its Content for society, science, and its user community hinges on the Content held in this repository being kept as accessible as possibleover the long term. To help promote sustainability and value to society, science and end-user communities, you agree that Duke University, acting through its staff or authorized agents may take the following actions to make sure that the Content remains accessible.
- Published Content. If you have published Content with restricted download and you fail to manage access requests from Site users or fail to respond to communication attempts from us over a reasonable period of time (which, initially will be four months, but which you agree we may change when it updates this policy), then we, at our sole discretion, may take any of the following steps:
- Communicate with users associated with your Content in order to discuss or resolve access issues.
- Communicate with representatives at the organization managing the physical specimen (the ‘organization’) represented by Content. Possible solutions include, but are not limited to having the organization contact(s) either a) manage the Content; b) provide updated contact information for the missing contributor; or c) relinquish management of the Content to us.
- If no organizational contact is available, we may contact your employer listed on your MorphoSource profile, and provide your employer the sameopportunities as described for the specimen organization above.
- If contacting the organization or employer is not possible or unsuccessful, we reserve the right to take over management of the Content for as long asnecessary, and you agree not to contest our management in any way whatsoever.
- Unpublished Content. If you have unpublished Content that no user has accessed for more than one year, we may ask you either to remove the Content, fund its continued storage, or publish the Content. If we are unable to contact you or others listed as editors of the Content through contact information obtained from user profiles on MorphoSource, then we have the right to remove the Content. This may initiate a review of other Content associated with your account.