Data-enabled Discovery and Design to Transform Liquid-based Energy Storage (“D³TaLES”) Terms of Use (“Terms”)

The University of Kentucky (“UK”) through its College of Arts and Sciences, Department of Chemistry, and its Center for Applied Energy Research (“CAER”) as supported by the National Science Foundation (“NSF”) Award No. 2019574, has developed a web application to compile a database of computational and experimental data for redox-active materials titled “Data-enable Discovery and Design to Transform Liquid-based Energy Storage” (“D³TaLES”).

As used in these Terms, "University of Kentucky,” “UK,” "we," or "our" refers to the University of Kentucky, affiliates of the University of Kentucky, and board members, officers, employees, students, and agents of the University of Kentucky and such affiliates.

You must accept these Terms to create a D³TaLES account (“Account”) and to use the services available through D³TaLES. If you do not have an account, you accept these Terms by registering for access to D³TaLES (https://d3tales.as.uky.edu/register/) or by logging into D³TaLES (https://d3tales.as.uky.edu/login/)  or by using any part of the D³TaLES website, database, or Content (as defined below).

UK may revise these Terms from time to time without notice. Your continued use of any part of the D³TaLES website or any service constitutes your acceptance of such changes to the Terms. You should review the Terms periodically to determine if any changes have been made. The most current version of these Terms, which supersedes all previous versions, can be reviewed by going to  https://d3tales.as.uky.edu/terms-of-use/.

BY ACCESSING THE D³TaLES WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

1.       Creating An Account.

Full use of D³TaLES requires that you create an Account by providing UK with information identifying yourself and your intended use of the information available through D³TaLES, a valid email address, and a strong password. You agree that you will be the only user of your account and not share it with others. You are responsible for all activity that occurs in association with your account. UK is not liable for any claims, costs, losses or damages directly or indirectly caused by your failure to maintain the confidentiality of your Account credentials. You agree to notify UK immediately of any security breach or unauthorized use of your Account.

2.       Acceptable Use.

D³TaLES is intended for your individual, noncommercial use and may only be used for noncommercial research purposes.

Users of D³TaLES may only use it in ways consistent with applicable law.

“Noncommercial Use” means use of the website and Website Content by a university or other academic non-profit organization for research or educational purposes.

“Website Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through D³TaLES to you. Website Content, the D³TaLES website, and its underlying technology are protected by copyright, trademark, patent, and other intellectual property, and other laws of the Commonwealth of Kentucky, United States, and foreign countries. Website Content may include materials that are copyrighted by non-UK third parties. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the D³TaLES website.

UK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the website and Website Content solely for Noncommercial Use. This limited license is provided solely for your individual use of the D³TaLES website as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the D³TaLES website, Website Content, or any portion of them, except as expressly permitted in these Terms. UK does not grant any express or implied right to Website Content to uses of the D³TaLES website beyond that explicitly stated in these Terms.

For commercial use or another use that does not match the description of Noncommercial Use as authorized in these Terms contact UK’s Office of Technology Commercialization at OTCinfo@uky.edu to obtain a license explicitly permitting such Noncommercial Use

Use of the Website Content must include attribution to the D³TaLES website.

The D³TaLES website home page address is https://d3tales.as.uky.edu/

3.       Prohibited Use.

Prohibited use includes, but is not limited to, the following:

•      Unauthorized use, destruction or impairment of the D³TaLES website or any component thereof.

•    Gaining or attempting to gain unauthorized access to the D³TaLES website, other accounts, or computer systems or networks connected to the D³TaLES website, through hacking, password mining or any other means, including without limitation attempting to or circumventing data protection methods or algorithms, decrypting user passwords, accessing protected files, or uncovering security loopholes.

•     Scraping the D³TaLES website directly, except where you have obtained explicit permission in writing from UK and been granted access to the database for analysis via the D³TaLES REST-API and to present processed results with proper attribution. For permission to access D³TaLES REST-API email D3TaLES-Info@uky.edu with the email address associated with your Account.

•     Downloading large datasets (i.e., datasets beyond 500 MB or requiring 1000 queries in an hour). For permission to download datasets in excess of this size, email D3TaLES-Info@uky.edu with the email address associated with your Account or submit a permission request form at https://d3tales.as.uky.edu/request-permission/.

•     Using the D³TaLES website or Website Content for commercial activities (without obtaining a separate license for such purpose as required by Section 2 above), product advertisements or re-publishing the Website Content.

 

4.       UK’s Enforcement Rights.

UK is not obligated to monitor access or use of the D³TaLES website or Website Content, or to review or edit any Website Content, but UK has the right to do so to operate the D³TaLES website, ensure compliance with these Terms, and comply with applicable law or other legal requirements. UK has the right to investigation violations of these Terms and any conduct that affects the D³TaLES website.

5.       DMCA/Copyright Policy.

UK respects copyright law and expects its users to do the same. It is UK’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. For purposes of the Digital Millennium Copyright Act (“DMCA”), UK has designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the last section of these Terms below. UK provides this contact information for purposes of the DMCA only and reserves the right to respond to communication that is relevant for this purpose. However, UK does not warrant that use of any of the Website Content will not infringe the rights of third parties.

6.       Privacy.

a.       How UK Gathers Information.

You provide UK with information when you create an Account, such as your name, email address and password, and purpose for accessing the Website Content. This information is required for Account creation. The information we receive depends on what you do when visiting the D³TaLES website. If you visit the D³TaLES website to read or download information, we collect and store, without limitation, the following types of information about you: the Internet Protocol (IP) address through which you accessed the Website; the date and time you access the Website; and the type of browser you are using to access the Website. Related information that may be gathered includes: Host or proxy address; requested resource; whether the request succeeded or failed; the size of the resource; browser version; referring web site (if any).

b.      How UK Uses Information.

                                             i.            Compelled Disclosure.

UK reserves the right to use or disclose your personal information if required by law or if UK reasonably believes that use or disclosure is necessary to protects its rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. UK is subject to the Kentucky Open Records Act, KRS 61.870, et. seq., and information in and related to the D³TaLES website may, dependent on the application of applicable law, be required to be disclosed pursuant to such law.

                                           ii.            UK will not sell your Personal Information.

UK will not sell, rent, transfer, or disclose your personal information to advertisers or other third parties for direct marketing purposes.

                                         iii.            Cookies and similar technologies.

D³TaLES uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google uses “cookies” to analyze how users use the Website. All logged-in access to the D³TaLES website requires the use of cookies. The information generated about your use of the website (including your truncated IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the website, you consent to the processing of data about you by Google in the manner and for the purposes set forth herein. Through Google, UK may use these cookies or similar technologies (such as web beacons) to analyze trends, administer its services, track users’ movements around the D³TaLES website, and to gather demographic information about UK’s user base as a whole.

c.       How you can learn more.

If you have specific questions about your data privacy, please use the contact information provided in the last section of these Terms below.

For more information about Google Analytics, including Google’s privacy policy, please visit http://www.google.com/intl/en/analytics/privacyoverview.html.

d.      How you may delete your D³TaLES registration.

If you do not want D³TaLES to collect or use your personal data in the manner described herein, please do not access or use the D³TaLES website. If you decide that you no longer want to be registered with D³TaLES, you can send us a notice that you wish to withdraw any previous consent at any time by emailing us. Please bear in mind that, if you delete your account, all data associated with your account, including the permalinks and the usage data associated with those searches, will be deleted.

7.       Disclaimers and Disclosures.

Any access to the D³TaLES website is voluntary and at the sole risk of the user. The D³TaLES website and Website Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, UK explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, any warranties arising out of course of dealing or usage of trade. UK makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the D³TaLES website or Website Content. The Website Content contained on the D³TaLES website is intended for user education and research purposes only.

UK DOES NOT WARRANT THAT THE D³TaLES WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. UK ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR (I) ANY ERRORS OR OMISSIONS IN THE WEBSITE CONTENT, (ii) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE D³TaLES WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE D³TaLES WEBSITE OR OTHER SITES, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

No advertising, sponsorship, paid insertions, or other forms of compensation for endorsements are made to UK or by UK in connection with the D³TaLES website or Website Content except that UK acknowledges that the Content was created at the University of Kentucky under Award No. 2019574 funded by National Science Foundation (NSF). All third-party content included in the Website Content is done without endorsement of any third-party by UK, and that third-party’s content is included without endorsement of UK, the D³TaLES website or Website Content. All product and service marks contained on the D³TaLES website that are not UK marks are the trademarks of their respective owners.

8.       Indemnity.

To the extent and in the manner provided by applicable law, you will indemnify and hold harmless UK and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees and costs arising out of or in any way connected with your (i) access to or use of the D³TaLES website or Website Content, (ii) breach of any warranties made by you under these Terms, (iii) violation of any other provision of these Terms, or (iv) violation of any third-party right. UK reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with UK in asserting any available defenses.

9.       Limitation of Liability.

Neither UK, its suppliers or licensors, nor any party involved in creating, producing, or delivering the D³TaLES website or Website Content will be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the D³TaLES website or Website Content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not UK has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed its essential purpose. The exclusions and limitations on damages set forth above are fundamental elements of the basis of the bargain between UK and you.

10.   Choice of Law/Governing Law/Jurisdiction and Venue.

These Terms and the resolutions of any disputes under them or regarding the D³TaLES website or Website Content shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regards to its conflict of laws principles. Any dispute between UK and any user of the D³TaLES website or Website Content and/or arising out of or in connection with or relating to these Terms may be brought in Franklin Circuit Court in Frankfort, Kentucky in the Commonwealth of Kentucky, and UK and each user consents to the personal jurisdiction and exclusive venue of this court.  Notwithstanding any other terms or conditions of these Terms, neither of UK nor you, nor your institution, to the extent that one of them is a state agency or corporation eligible to claim privileges or immunities under applicable law under the laws of its or their jurisdiction shall be deemed to have waived any privileges or immunities that might be available to it under applicable law.

11.   General Terms.

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between UK and you regarding the D³TaLES website and Website Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UK and you regarding the D³TaLES website and Website Content. UK expressly reserves all rights that it does not expressly grant in these Terms.

The D³TaLES website and Website Content may contain links to other Internet sites that provide material information. Once you follow a link to another site, you are subject to the privacy policy of the new site.

If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without UK’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. UK may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by UK under these Terms, including those regarding modifications to these Terms, will be given by posting to the D³TaLES website.

UK’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right of provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UK.

Except as expressly set forth in these Terms, the exercise of either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Subject to any agreements UK may have with any licensors and suppliers, UK reserves the right to change or discontinue features and specifications of the D³TaLES website and Website Content at any time and without notice.

12.   Contact Information.

Should you have questions regarding these Terms, the Website, or Website Content, contact D3TaLES-Info@uky.edu.

Effective Date: 14 December 2022 — Last Update: 14 December, 2022