Qiita Data - Terms of Use

Please read these terms of use (“Terms”) carefully before using Qiita, directly or through our web services. By using Qiita, you signify that you have read, understood and are in agreement with these Terms and with the University of California’s Terms and Conditions of Use posted at http://www.ucop.edu/terms, which are incorporated by reference into these Terms as if set forth fully herein. You also represent that you are the representative of any entity for which you are using Qiita and that you are authorized by such entity to enter into a legal agreement on that entity’s behalf. If you do not agree with any of these Terms, you are not permitted to use Qiita.

  1. Description of Qiita.
    1. Qiita is open-source microbial study management platform developed and maintained by the Knight Lab at the University of California, San Diego, which is an organizational unit within the Regents of the University of California, a California constitutional public corporation.
    2. Qiita allows users to keep track of multiple studies with multiple "'omics" data and Qiita’s main site provides database and compute resources to the global community, alleviating the technical burdens, such as familiarity with the command line or access to compute power, that are typically limiting for researchers studying microbial ecology. Qiita’s platform allows for quick reanalysis of the datasets that have been deposited using the latests analytical technologies. This means that Qiita’s internal datasets are living data that is periodically re-annotated according to current best practices.
  2. Definitions.
    1. "Qiita" means the Qiita open-source system maintained by the Knight Lab at the University of California, San Diego, including any service, application, data, information, technical assistance, software, algorithms or analytical tools accessible through the Qiita website, related web properties, or Qiita’s GitHub page.
    2. "Data" means any and all information, in whatever form, that you access through Qiita or transfer to or from the Qiita system in any way, or extract from Qiita, whether or not created, owned or licensed by or to you or a third party.
  3. Your Ownership of Data; Sole Responsibility Regarding Data.
    1. You agree that you own or have the necessary licenses, rights, consents, and permissions to use and submit all Data you load or post to Qiita, including without limitation, all information, privacy, and intellectual property rights to do so.
    2. You shall be solely responsible for the Data that you transfer to or from Qiita. You acknowledge that Qiita shall not provide any data backup or recovery services and that you are solely responsible for maintaining the availability and integrity of any Data you transfer to or from Qiita.
  4. Qiita’s Data Rights.
    1. You hereby grant to Qiita a non-exclusive, perpetual, global, irrevocable license, with rights of sublicense, to use your Data, including raw sequence data in the aggregate, for any purpose, including maintaining and developing the Qiita system.
  5. Unpermitted Data.
    1. You agree not to transfer Data that constitutes any of the following:
      1. protected health information within the meaning of 45 Code of Federal Regulations part 160 and part 164, subparts A and E;
      2. whole genome sequencing data for any human subject;
      3. any Data that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner(s) to transfer the Data and grant Qiita, on behalf of the Regents of the University of California, all of the license rights granted in these Terms.
  6. Restrictions on Use; No Clinical Use.
    1. Qiita is a research tool only, and you acknowledge and agree that you shall not use Qiita for any clinical purpose, including for the diagnosis, prevention, or treatment of any disease of impairment of, or the assessment of the health of, human beings.
    2. You may consult Qiita, including the Data generated as part of a study that you conduct using Qiita, solely for your own personal or, as applicable, organizational purposes in accordance with these Terms of Use.
  7. No Warranties.
    1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, QIITA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    2. You are solely responsible for determining the appropriateness of using Qiita and you expressly assume all risks associated with using Qiita, including any risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
  8. Limitation of Liability.
    1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Indemnification.
    1. You agree to defend, indemnify and hold the Regents of the University of California, its affiliates, licensors and service providers (including its and their respective employees, officers, agents, successors, and assigns) harmless against any losses, expenses, costs or damages (including its reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your use of Qiita, your use of the Qiita other than as expressly authorized in these Terms, or your negligence, breach of these Terms or violation of any applicable law or regulation.
  10. Violations of Terms.
    1. Disruption, Libel, Harassment. You agree not to interrupt, or attempt to interrupt, the operation of Qiita, or in any way violate, breach or compromise the security of Qiita or any related networks or systems, or to otherwise use Qiita other than as expressly permitted by these Terms and in accordance with and subject to all applicable laws and regulations. You promise to comply with all applicable laws, regulations and directives.
    2. You promise not to harass, slander, or engage in harmful or injurious conduct through your use of Qiita.
    3. Qiita, in its sole and exclusive discretion, may suspend, terminate, restrict or otherwise limit your use of Qiita at any time, without notice or demand and without liability, based upon violating these Terms or Use, including by violating the Privacy Policy. Any such violation may result in criminal and civil liability. If your use of Qiita is limited or terminated under this provision of these Terms, Qiita may require that you reimburse Qiita for any costs it reasonably incurs related to transitioning your Data or study from Qiita to another system; provided, however, that Qiita shall have no obligation under these Terms to transition your Data or study and shall only do so in its own discretion and depending on the availability of resources.
  11. Severability.
    1. If any provision of these Terms is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the Terms, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  12. Governing Law.
    1. These Terms and all matters relating to your access to or use Qiita shall be governed by the laws of the State of California, without regard to conflicts of laws provisions. Any cause of action you may have with respect to your access to or use of Qiita must be commenced within one (1) year after the claim or cause of action arises.
  13. Entire Agreement.
    1. hese Terms constitute the entire agreement between Qiita (on behalf of the Regents of the University of California) and you with respect to Qiita, and these Terms supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof. arises.
  14. Changes to Terms of Use.
    1. Qiita may revise and update these Terms from time to time in its sole discretion. Such changes will be reflected in the Terms posted to our website at qiita.ucsd.edu. You agree and are bound by any changes to these Terms when you use or access Qiita after those changes have been posted on the Website. arises.