LAST UPDATED: December 13, 2019
- Registration and Account Creation
i. Registration Information
ii. Maintaining Confidentiality of Registration Information
iii. Security; Mobile Use Precautions
If you have reason to believe that your account is no longer secure (e.g., loss, theft, or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the CDISC Wiki), you must promptly change the affected Registration Information in the CDISC Wiki and notify us via the Contact Us page . Likewise, if you elect to receive messages or other communications from the CDISC Wiki directly to your mobile device or e-mail account, then you authorize us to send such messages and communications to the mobile phone number and/or e-mail address that you provide us for that purpose. You are solely responsible for keeping the CDISC Wiki updated with your current mobile phone number and/or e-mail address. CDISC is not liable for any loss or damage arising from or relating to the delivery of any messages or other communications from the CDISC Wiki sent to a mobile device or e-mail account that is outdated or compromised. If you install any software or enable any service that stores information from the CDISC Wiki on any mobile device or computer, it is your sole responsibility to protect such stored information on your mobile device or computer in order to prevent unauthorized access to your information or account, including removing such information or otherwise disabling access to such software or service prior to transferring such mobile device or computer to a third party. If you sign up to receive messages or other communications from the CDISC Wiki directly to your mobile device or e-mail account, you do so subject to the terms of Section 5 below.
2. Use of the CDISC Wiki
i. Lawful Use Only
a. access the CDISC Wiki in a manner or through an interface not provided or authorized by us, including, but not limited to, any automated means (e.g., scripts or bots);
b. reproduce, duplicate, copy, sell, trade, resell, or exploit the CDISC Wiki;
c. republish or syndicate the Material or other information available on the CDISC Wiki; or
d. modify, adapt, alter, change, disassemble, or frame any of the contents of the CDISC Wiki.
ii. Use by Children
The CDISC Wiki is not intended for users under the age of 18. We do not knowingly solicit or market to children, nor do we knowingly collect, use or retain Personally Identifiable Information from users under the age of 18. Such users are expressly prohibited from using the CDISC Wiki or submitting their Personally Identifiable Information to us. If we receive actual notice that we have received such information from a user under the age of 18 in violation of this paragraph, we will delete that information from our records as soon as reasonably practical.
iii. User Conduct
You agree not to use the CDISC Wiki to upload, post, transmit, share, store, or otherwise make available any content that we, in our sole discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable. You further agree not to upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, nor any viruses, Trojan horses, worms, or other similarly harmful or deleterious programming routines.
iv. Operation of CDISC Wiki from United States
The CDISC Wiki website is operated and provided within the United States of America. To the extent the CDISC Wiki website is accessed outside of the United States, you do so at your own risk. You are responsible for compliance with the laws, ordinances, and regulations of your jurisdiction.
iii. Web Browser Cookies
3. Intellectual Property
i. Ownership and Control
The content, organization, code, software, graphics, text, images, video, design, compilation, advertising, and all other material on or available through the CDISC Wiki website (collectively the “Material”), including, without limitation, the "look and feel" of this CDISC Wiki website, are protected under applicable copyright, trademark, and other proprietary and intellectual property laws and are the property of CDISC or its licensors.
ii. Use of Material
You may download Material from the CDISC Wiki for your personal, noncommercial use only, or if you are an entity, then for your own internal business purposes only , but only to the extent that we have enabled the CDISC Wiki to download such Material and provided you keep intact all copyright and other proprietary notices. You may not directly or indirectly use, modify, rearrange, copy, produce, reproduce, publish, republish, upload, download, post, transmit, disclose, distribute, or redistribute, in any way, any Material or any part of the CDISC Wiki website, including the removal or alteration of any advertising, except to the extent you are expressly permitted to do so hereunder. Further, CDISC’s name, logos, and trade dress are trademarks or service marks of CDISC, and you may not use or reproduce these marks without our express, written consent. Any rights to the Materials or CDISC Wiki that have not been specifically granted to you herein, including any intellectual property rights thereto, are expressly reserved by CDISC. Failure to abide by these conditions will result in the immediate termination of the permissions set forth herein and may result in legal action for the infringement of the copyrights and/or trademarks owned by CDISC or its licensors.
You agree not to attempt to or actually disrupt, overwhelm, attack, modify or interfere with the CDISC Wiki or its associated website, software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the CDISC Wiki. You further agree not to attempt to or actually alter or tamper with any information or materials on or associated with the CDISC Wiki. Other than connecting to CDISC's servers by http requests using a Web browser, you may not attempt to gain access to CDISC's servers by any means, including by using administrator passwords or by masquerading as an administrator while using the CDISC Wiki or otherwise.
iv. Links to and from Other Sites
v. Equitable Remedies
4. User Content
i. User Responsibility
ii. Content License
When you post User Content to the CDISC Wiki, you authorize and direct us to use and disclose the User Content as necessary to provide the CDISC Wiki and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting, and storage of the User Content on the CDISC Wiki. You acknowledge and agree that you are responsible for selecting your desired privacy settings applicable to any and all User Content that you post to the CDISC Wiki, including changing the default “public” setting to a different privacy setting for any User Content that you do not want to be publically available to other CDISC website visitors. By posting User Content to any part of the CDISC Wiki, you automatically grant, and you represent and warrant that you have the right to grant to CDISC, our licensors and service providers, and all other users with access rights to such User Content pursuant to your selected privacy settings, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the CDISC Wiki or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the CDISC Wiki at any time, but you acknowledge that CDISC may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect. You agree that we are under no obligation, at the end of your subscription or otherwise, to continue to store or maintain the User Content, to separately deliver the User Content to you, or to destroy or delete the User Content from the CDISC Wiki, our servers or anywhere else that we may maintain or store such User Content.
Notwithstanding Section 4(iii), if you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that:
- you are not obligated to provide us any Feedback;
- if you provide us any Feedback whatsoever, you do so voluntarily and subject to the terms of this Section 4(iv);
- any and all right, title, and interest to such Feedback shall become the exclusive property of CDISC;
- we may identify you as the source of the Feedback with others publicly or privately without your consent, provided that we will not use your first and last name together in doing so, except with your prior consent;
- we owe you no obligation, credit, or compensation whatsoever in relation to you providing us the Feedback or our use of the Feedback for any purpose whatsoever; and
g. we may already have contemplated or be contemplating the same or similar ideas as your Feedback.
If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property rights contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to us.
5. Third-Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the CDISC Wiki through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that CDISC is not liable in any way for any third party charges you may incur as a result of your use of the CDISC Wiki .
6. Copyright Complaints
We respect the intellectual property rights of others. If you believe that any content or material on the CDISC Wiki infringes upon your copyright, you may send a written notification of such alleged infringement to us at:
Attn: Legal Department
401 West 15th Street, Suite 800
Austin, TX 78701
In keeping with the requirements of the Digital Millennium Copyright Act, the notification of alleged infringement must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- A statement that the signing party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner; and
vi. A statement that the information is accurate and, under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, we will process and review the claim of alleged infringement, which process may result in removing the reported content from the CDISC Wiki.
8. Liability Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE CDISC WIKI, INCLUDING THE MATERIALS, AT YOUR OWN RISK. THE CDISC WIKI, INCLUDING THE MATERIALS, IS PROVIDED "AS IS", AND THE CDISC PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE CDISC WIKI. THE CDISC PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE CDISC WIKI, INCLUDING THE MATERIALS, WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS, OR LOSS OF USER CONTENT OR TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE CDISC WIKI. IF YOU ARE DISSATISFIED WITH THE CDISC WIKI, INCLUDING THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CDISC WIKI.
WITHOUT LIMITATION, THE CDISC PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CDISC WIKI, INCLUDING THE MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL MATERIALS, AND THE CDISC PARTIES ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY ERRONEOUS, INCOMPLETE, OR OUTDATED MATERIALS. WITHOUT LIMITING THE FOREGOING, THE CDISC PARTIES SPECIFICALLY DISCLAIM ANY OBLIGATION TO UPDATE, OR CORRECT ANY MATERIALS, WHETHER THOSE MATERIALS HAVE BEEN PROVIDED BY THE CDISC PARTIES OR A THIRD PARTY.
CDISC'S REFERENCE TO OR DISPLAY THROUGH THE CDISC WIKI OF INFORMATION, PRODUCTS, OR SERVICES OF THIRD PARTIES DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY CDISC OF SUCH THIRD PARTIES OR SUCH THIRD PARTY’S PRODUCTS AND/OR SERVICES. YOU AGREE THAT THE CDISC PARTIES ARE IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THIRD-PARTY INFORMATION, PRODUCTS, OR SERVICES. YOUR INTERACTION WITH SUCH THIRD PARTIES IS AT YOUR OWN RISK. THE CDISC PARTIES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE CDISC PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE CDISC PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE CDISC WIKI OR ANY OTHER PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CDISC PARTIES.
9. CDISC Wiki Modification; Termination or Suspension of Access to the CDISC Wiki
We have the right to modify the CDISC Wiki at any time without notice, including altering, adding, or removing Materials, features, or functionality. We also have the right to terminate and/or suspend your ability to access the CDISC Wiki, or any portion thereof, for any or no reason without notice.
10. Dispute Resolution
ii. Exclusive Jurisdiction
You and CDISC agree that any Claim either of us may have against the other must be exclusively resolved by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties in writing. You and CDISC hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts located within Travis County, Texas for the purpose of litigating all such Claims and agree not to assert any defense or make any other assertion that you or we are not subject to the personal jurisdiction of such courts, that such courts are inconvenient forums, or that venue in such courts is improper.
iii. No Class Actions or Class Arbitrations
iv. Limitation Period
i. To you
ii. To CDISC
12. General Provisions
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