Terms of Use

Last updated: 26 November 2018

Preamble

Please read these Terms of Use (the "Terms"), carefully before using the https://deims.org website (the "Service"). Please read our Privacy Statement (https://deims.org/privacy) carefully prior to disclosing any personal data.

DEIMS-SDR (Dynamic Ecological Information Management System - Site and Dataset Registry), implemented and operated by Environment Agency Austria / Umweltbundesamt GmbH (EAA), is an information management system that allows you to share and discover information on long-term ecosystem research sites around the globe, along with the data gathered at those sites and the people and networks associated with them. DEIMS-SDR provides a wealth of information, including inter-alia the site location, ecosystem characterisation, facilities, parameters observed or research topics addressed. It is also enables the access to datasets and data products associated with the sites linking to online resources if information is provided. DEIMS-SDR seeks to support open access to information for the research community. DEIMS-SDR shares any information published on the website with the public free of charge. This work is licensed under a Creative Commons Attribution-Non Commercial 4.0 International License (CC-BY-NC 4.0 International).

By registering or using the Service you accept the Terms. If you do not accept the Terms you are not allowed to use our Service.

Should the Terms fail to describe your planned use of data with sufficient clarity, we would ask you to contact us. We would be happy to provide any additional information which you may require:

Umweltbundesamt GmbH

Environment Agency Austria (EAA)

Spittelauer Lände 5

1090 Vienna/Austria

E-mail: deims-support@umweltbundesamt.at


Disclaimer

Though the contents of DEIMS-SDR are compiled very thoroughly and the technical services are programmed to satisfy the highest requirements, we can take no responsibility for the complete correctness and suitability of the information and the Service offered.

All information and data is provided without warranty of any kind, we not will be liable for any special or consequential damages resulting from the use of the contents and the Service provided.

We do not warrant that the Service offered on this web site is available at all times. Disturbances, interruptions or a possible breakdown of the online Service cannot be excluded.


Registration for a DEIMS-SDR Account:

  • Representatives of research sites, research institutions or research networks solely can register for a DEIMS-SDR Account.
  • When registering a new DEIMS-SDR account, you have to provide a valid email address, your name, user name and password using the contact page. We will use the information for the generation of the account. Each user is allowed to create only one account.
  • After we received your application to create a DEIMS-SDR account we confirm that we have activated your DEIMS-SDR account with a message to the email address provided. There is no right to claim an activation of a DEIMS-SDR Account.
  • You are responsible for maintaining the confidentiality of your account password.
  • You are also responsible for keeping your account data up to date.
  • In case you want to delete or deactivate your DEIMS-SDR account contact us using the contact page. All personal information will be deleted from the service (see also “License in a to User’s Content”). The deletion or deactivation of your account will be confirmed to the email address provided.


License in and to User`s Content

  • By providing your content to DEIMS-SDR, you commission us, to save, host and make the content available to the public. We use your content in accordance with these Terms. By providing your content, you grant a non-exclusive, royalty free, territorially unrestricted license for the term of this agreement, to use your content for purpose of the provision of the Service under the agreement with us, which includes the right to store, to host, to reproduce, to modify, to transmit, to technically edit, to make available and to analyse the content. This license continues even after you stop using the Service.
  • You warrant and guarantee to have the rights to the content in the scope of the granting of rights. The information and data you send us must be accurate and must not infringe the rights of third parties, contravene official regulations or breach public publicity;
  • If you use photos, maps or other graphic data a copyright notice has to be placed in an appropriate place in a clearly legible form on it.
  • In case you initiate the deletion or deactivation of your account, your personal information will be deleted from the Service. We reserve the right to maintain the basic information about non-personal information provided (e.g. research site, sensor, data product or dataset) and share them with the public.
  • If you use the Service without registration, you may use all Service that is available on our website without registration.
  • Under the condition that you comply with the Terms we grant a non-exclusive and non-transferrable right to use the platform and the Service. The data are to be used solely for non-commercial purpose applying a CC-BY-NC International 4.0 license.
  • By accessing and/or downloading available content of DEIMS-SDR, you shall not misuse or interfere the Service;
  • You shall not use the Service for the development of other services; or activate or use functionalities of the Service for which you have no right of use;
  • You are not allowed to use scraping or similar techniques to collect content to use it for another purpose, to publish it again or use it in different way than what the Service is intended for;
  • The user shall not collect, save or transmit personal data of another person, insofar as the affected person has not agreed;
  • The Service under these Terms is free of charge.


User's Obligation

  • By accessing and/or downloading available content of DEIMS-SDR, you shall not misuse or interfere the Service;
  • You shall not use the Service for the development of other services; or activate or use functionalities of the Service for which you have no right of use;
  • You are not allowed to use scraping or similar techniques to collect content to use it for another purpose, to publish it again or use it in different way than what the Service is intended for;
  • The user shall not collect, save or transmit personal data of another person, insofar as the affected person has not agreed;
  • The Service under these Terms is free of charge.


Intellectual Property Rights

Our platforms and all connected software, databases, graphics, user interfaces, design and additional content and names are protected by the copyright law and additional property rights. EAA is the sole holder of all intellectual property rights for the Service and the related database.


Links to Other Web Sites

DEIMS-SDR contains links to external websites which have been provided by third parties. We are not responsible for the content of these external websites and therefore do not accept any liability for the content of these websites. Responsibility for the linked pages lies with the providers or operators of the external websites. While we make all reasonable efforts to ensure that the information provided on the linked sites is accurate, we cannot always guarantee the accuracy of information provided on the sites unless there is concrete evidence of an infringement. If we become aware of any such infringement, we will immediately remove such links.


Infringement of terms of use

In case of an infringement of the Terms by the user, we have the right, to delete your content and the authorization for use will lapse automatically, without formal notice to this effect. You also be fully liable for the payment of compensation in respect of any resulting losses incurred.


Amendment to these Terms:

We reserve the right to change, extend, limit or withdraw our Service or to delete data without notice at any time.

For Services that are available without registration, these Terms apply in their current version that is published in the Platform when you use the Service and we may change these Terms at any time.

For Services that require a registration at any time, we also reserve the right to change this Terms except these changes are not reasonable for you. In the event of a change of the Terms we will inform you at least 4 weeks in advance either a) at your next login over an according screen mask or b) via an email. If you don’t disagree within this 4-week-period or log in once again, the changed Terms come into effect for the future and become part of the Agreement with the effective date.


Legal venue, applicable law

All disputes arising from the present agreement shall be subject to the jurisdiction of the materially competent court of Vienna. Austrian law shall apply on an exclusive basis. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded. Should any provision of the present conditions of use or any part thereof be invalid, ineffective or unenforceable, the validity or effectiveness of the remaining provisions or other parts thereof shall not be affected.