Directive to use the service chemotion-repository

(last edited: 2020-09-22)

By using the chemotion-website and the service of the chemotion-repository, you accept the following terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Some parts of this website may be subject to additional terms and conditions which will be made available to you as appropriate. Parts of this website may use strictly necessary and session cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of chemotion's Privacy Policy.
The service chemotion-repository offers technical infrastructure to collect and share research data for chemical sciences. The data storage is accomplished by the service and all data are stored on servers of the KIT. The service allows a qualified realization of the recommendations of the German research foundation for the storage of research data.
Service provider is the Institute of Organic Chemistry (IOC) in collaboration with the Steinbuchs Centre for Computing (SCC) and the Library at the KIT in Karlsruhe.

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1. General

1.1 Authorization, registration and log-off

Academic institutions are automatically recognized through the domain part of the email the user entered for registration. The users may use the service after their registration and confirmation of their email address. If the user's academic institution has not been properly recognized, the user shall communicate the error to the chemotion-repository. An email will also be sent to confirm the validity of the email address every time the user updates its email address on the portal and once a year. The administration of the individual authorization to use the service is carried out by the Institute of Organic Chemistry (KIT). The service providers will consider their right to check the correctness of the given data with respect to the affiliation and data of the user's registration. The log in and log off to the service is available via the website: chemotion-repository website.

1.2 Readability and availability of the stored data

Research data are stored at the Steinbuch Centre for Computing (SCC) guaranteed until 2028. The chemotion-repository intends to prolong this period successively by additional contracts with the SCC but the decision on any prolongation and the duration will be made solely by the two partners chemotion-repository and the SCC. The SCC makes every effort to ensure the best possible technical prerequisites for a long life of the data (best effort) with the available resources. These include, inter alia, adequate air conditioning, uninterrupted power supply, and building protection.

1.3 Admission

The user accesses the chemotion-repository after registering on the website and successfully logging on. When registering, the operator checks the data and the agreement to use the service with the respective home institution. The user can access his data at any time as long as he has a valid access.

1.4. Protocols

HTTPS is enforced at all time.

1.5 Deletion of files and content by users

Files (content unpublished) that are stored in the repository in general can be deleted or changed by the user at any time. Files and data which are published (content published) cannot be deleted or changed anymore. The user agrees that those data (which are selected by the user individually) will be registered at DataCite (with retrieval of a DOI) and Pubchem (Pubchem substance SID). Authors should contact the repository curator at chemotion@ioc.kit.edu if they need to retract or amend published content.

1.6 Maximum of data storage

The data size per user is limited up to date to 10 GB. The operator will adapt allowed data size if this will be necessary in future.

1.7 Costs and fees

There are no fees or costs for the users

1.8 Support via chemotion

The provider will offer service for the use of the repository as long as the resources allow the support. The user is expected to familiarize with the given website and its applications. Support is available via the email address: chemotion@ioc.kit.edu.

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2. Data content

2.1 Responsibility for data contents

There are two types of contributed contents, unpublished and published contributed contents.
User contributed content (unpublished): the user may upload user data which are not visible for other users, this content is visible only if the user is logged in or if he/she shares the content with other users. User contributed content (published): If the user selects single items or item groups to publish, the content will become available as open access for other users. The contents will be visible for the public and registered users will be able to download the content including the provided files. All uploaded contents are stored by the user in person. The data stored by him/her are always linked to the user's account data in the database of the storage system. Even if the account of a user is deleted, the connection of the stored data to the user's username (as defined with the registration) will be conserved.

• The user of the service is solely responsible for the contents of the contributed content of any type.
• The user is obligated to observe the legal regulations when storing sensitive and personal data.
• The uploaded user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or chemotion-repository or a third party (in each case under any applicable law).
• You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

chemotion-repository reserves the right to edit or remove any material submitted to this website, or stored on chemotion-repository servers, or hosted or published upon this website.

2.2 User contributed content (unpublished)

User contributed content that is not published by the user is considered to be private unless the user shares the content which means that the user allows selected other users to view, edit, copy and store the users data. The user adapts the sharing options according to these actions and accepts that a sharing of content means always the disclosure of confidential content to others.

2.3 User contributed content (published)

In these terms and conditions, 'your published user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website by using the function 'publish'. You grant to chemotion-repository, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to chemotion-repository the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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3. Use of the repository

Unless otherwise stated, chemotion-repository and/or its contributors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
Each content contributed and published by a user can be made available under one of the following licenses that the contributing user has chosen during the publication process:

• Creative Commons Attribution-ShareAlike 4.0 International License
• Creative Commons Attribution 4.0
• CC0 1.0 Universal

You must not

• use material other than the DOIs from this website for any publication without attribution or republish material from this website (including republication on another website) without attribution (e.g. 'reused from Chemotion-Repository KIT') unless the material has been released under CC0  or without license;
• sublicense material other than allowed under the original license ( CC no sublicensing ).

3.1 Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without chemotion-repository's express written consent.

3.2 Restricted access

Access to certain areas of this website may be restricted. chemotion-repository reserves the right to restrict access to areas of this website, or indeed this entire website, at chemotion-repository's discretion. If chemotion-repository provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Chemotion-repository may disable your user ID and password in chemotion-repository sole discretion without notice or explanation.

3.3 Copyright

The content and works published on chemotion-repository's website, are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilization beyond the scope of copyright law shall require the prior written consent of the author or authors in question.

3.4 DOI Ownership

Chemotion-repository asserts no claims of ownership to Digital Object Identifiers (DOIs) acquired through the use of the chemotion-repository. Individual DOIs may be incorporated into the user's content and systems.

3.5 No warranties

This website is provided 'as is' without any representations or warranties, express or implied. Chemotion-repository makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, chemotion-repository does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

3.6 Limitations of liability

Chemotion-repository will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

3.7 Limitation of liability for internal content

Chemotion-repository does not assume liability for the completeness or accuracy of any of the website. Chemotion-repository, as service provider, is liable for our own content on these pages in accordance with general laws. Chemotion-repository is not under obligation to monitor external information provided or stored on our website. Once aware of a specific infringement of the law, chemotion-repository will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.

3.8 Limitation of liability for external links

Our website contains links to the websites of third parties ('external links'). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
These limitations of liability apply even if you have been expressly advised of the potential loss.

3.9 Indemnity

You hereby indemnify chemotion-repository and undertake to keep chemotion-repository indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by chemotion-repository to a third party in settlement of a claim or dispute arising out of any breach by you of any provision of these terms and conditions.

3.10 Assignment

chemotion-repository may transfer, sub-contract or otherwise deal with chemotion-repository's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

3.11 Breaches of these terms and conditions

Without prejudice to chemotion-repository's other rights under these terms and conditions, if you breach these terms and conditions in any way, chemotion-repository may take such action as chemotion-repository deems appropriate to deal with the breach.

3.12 Law and jurisdiction

Use of this website and the interpretation of this Disclaimer shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law provisions. Any dispute arising out of this Agreement shall be resolved in the courts in Germany. Through your continued use of this website, you agree to submit to the personal jurisdiction of the courts of Germany. Chemotion-repository may change this Disclaimer at any time without notice to you and without liability to you or any other party. It is your responsibility to periodically check this Disclaimer for changes. If you do not agree to any changes made to the Disclaimer, you should cease use of this website. Continued use of this website signifies acceptance of any changes made to the Disclaimer.