Policies and Procedures

The services provided by LiveDNA are based on transparent and non-discriminatory term.  On this page we provide a listing of our access and usage policies.

Dispute Procedures
Definitions
Claimant: An individual submitting an LiveDNA Data Report. Under these Procedures, a Claimant need not be a Record Holder.

Good Faith: Belief to the best of the person’s knowledge after due diligence that the information submitted is true and correct.

Record Holder: An individual with an LiveDNA identifier and associated record.

User: An individual using the LiveDNA Database.
Complaint
Through LiveDNA’s Terms and Conditions of Use, Users agree that to the best of their knowledge, data they deposit in the LiveDNA Database is true and correct at the time of deposit. In addition, Users agree to correct and/or make known to LiveDNA any data they later discover to be incorrect. If a User believes in good faith that data in a record is not accurate and cannot fix it, he/she can make it correct through the help of professional and skilled staff of LiveDNA at LiveDNA Help Desk. The LiveDNA Help Desk will receive the complaint report and manage it accordingly.
LiveDNA’s Responsibilities and Rights; Limitation of Liability
The Procedures set forth are the only method by which LiveDNA shall be responsible for addressing questions of accuracy regarding the data in the LiveDNA Database or the identity of individuals associated with an LiveDNA identifier. NOTWITHSTANDING THE FOREGOING, LiveDNA MAKES NO REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY OF THE LiveDNA DATABASE OR RECORD DATA OR THE INTEGRITY OF IDENTIFIERS. AS SET FORTH IN THE TERMS AND CONDITIONS OF USE AND THE MEMBER LICENSE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, LiveDNA WILL NOT BE LIABLE FOR ANY LOSSES OR CLAIMS (INCLUDING LOST PROFITS, REVENUES OR DATA; FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTAIL, EXEMPLARY OR PUNATIVE DAMAGES) RELATED TO THE ACCURACY, COMPLETENESS, TIMELINESS OR COMPREHENSIVENESS OF THE DATABASE OR THE POSSIBLITY OF IDENTITY THEFT. IN NO EVENT SHALL LiveDNA’S LIABILITY TO ANY USER BE GREATER THAN THE AMOUNT PAID BY AN INDIVIDUAL TO LiveDNA TO USE THE DATABASE DURING THE PREVIOUS 12 MONTHS (IN THE CASE OF INDIVIDUAL USERS) OR THE AMOUNT PAID BY A MEMBER DURING THE CURRENT TERM (IN THE CASE OF MEMBERS), AND IF NO SUCH AMOUNT HAS BEEN PAID, IN NO EVENT SHALL LiveDNA’S LIABLITY EXCEED $20.00. For further information on LiveDNA’s representations, warranties, limitation of liability and governing law, please see the Terms and Conditions of Use, which all apply to these Procedures.
 
Terms and Conditions of Use
Introduction
These Terms and Conditions of Use describe conditions under which LiveDNA allows the public to use the LiveDNA Database and Websites. Among the items included, there are:

A license from LiveDNA to you regarding use of the LiveDNA software and the Database, including to create an LiveDNA ID;

A license from you to LiveDNA and the public to use data you deposit in the Database;

A list of impermissible activities and conditions under which LiveDNA may terminate your access to the Database; and

An explanation of the potential scope of liability for you and LiveDNA related to your use of the Database and Websites.
Welcome and Consent to Terms
LiveDNA, Inc. (referred to as "LiveDNA", "us" "our" and "we") is a nonprofit organization that operates certain Websites at the LIVEdna.org URL ("Websites"). Our mission is to solve the name ambiguity problem in research and scholarly communication by creating and operating an open-access Database (referred to as the “Database”) of persistent unique identifiers for individual researchers. We work collaboratively with the research community to establish open and transparent linking methods with other identifier schemes and research objects such as publications, grants and patents. Consistent with our mission, we offer use of the Database, including obtaining a LiveDNA ID, free of charge to the public.

By using our Website and Database, whether by creating an LiveDNA Record, Claiming an LiveDNA Record, acting as a Proxy, searching the Database, or otherwise you are agreeing to these Terms and Conditions of Use.
Definitions
In this document, we use “you” to refer to researchers and other users of the Websites and Database. We also use the following defined terms:

Claim: The process by which an individual indicates that an LiveDNA account created by a Member Creator refers to himself or herself taking over ownership of the account.

Member Creator: An LiveDNA member with a specific employee-employer and/or student-institution relationship with an individual and that has created an LiveDNA record (including obtaining an LiveDNA identifier) on the individual's behalf. Before creating a record for you, a Member must first warrant to LiveDNA that is has the authority to do so.

LiveDNA Record: The composite data set other than system data (e.g., user ID, password, log files), including the LiveDNA ID, pertaining to a specific individual and stored in the Database.

Privacy Settings: Settings that an individual, a Proxy, or a Member Creator use to indicate the extent to which data should be publicly shared via the LiveDNA Database.

Proxy: A person whom the record holder has given the authority to manage an LiveDNA record on his or her behalf, including setting privacy settings, and editing and depositing data.

Record Data: The individual data elements in an LiveDNA Record, including the LiveDNA Identifier and metadata associated with linked research objects. A link, but not the linked object itself (e.g., text or full metadata), is considered part of the Record Data.

Record Holder: The owner of an LiveDNA Record. Generally, this is the person featured in the record. If an LiveDNA Record is created on behalf of someone who is an employee or student, the employer or school is the Record Holder until the individual Claims the record.

Trusted Party: A LiveDNA member organization to which the record holder has given the right to view, edit, and/or deposit specific data in his or her LiveDNA record. For example, you may grant a publisher the right to update information about your publications, or grant a funder the right to read information about grants that is otherwise not viewable by the public through the Database.
Your Right to Use the Database
The Websites and Database contain technology that is owned by LiveDNA or third parties and materials, including the Database, that are owned by LiveDNA or its third party licensors. In addition, we grant you a license to use any Record Data marked "public," subject to these Terms and Conditions of Use, including the limits described in the section Limitations on Use below. By "use" we mean sublicense, reproduce, store, transmit, distribute, publicly perform and publicly display the Record Data for non-commercial and commercial uses. If an LiveDNA Record contains links to full text articles or other materials, this license does not extend to the linked materials. You may download and modify Record Data, but only in manner that does not make the data false or misleading. We also grant you a license to use the Database to obtain an LiveDNA identifier for yourself, and to create and manage an LiveDNA Record for yourself, and to manage an LiveDNA Record if you are named as a Proxy, subject to these Terms and Conditions of Use. You may not obtain an identifier and an LiveDNA record for another person.
Depositing Data in the Database
LiveDNA seeks to support open access to information for the research community. LiveDNA shares with the public free of charge any data marked as Public through the Database

If you deposit data in the LiveDNA Database, you still own the data, but you grant a license to LiveDNA and its users to use the data. Specifically, by depositing any data (including links, but not the linked content) in the LiveDNA Database, you grant LiveDNA and its users a perpetual, irrevocable, worldwide, royalty-free license to sublicense, reproduce, store, modify, transmit, distribute, publicly perform and publicly display such data, subject to the Privacy Settings you, your Proxy or a Member Creator select. This license continues even after you stop using the Database. You can remove information (other than the LiveDNA ID, which is always public, and your name and email address, which you can make private); however, if you previously made data publicly available through the Database, there is no way to stop the public from continuing to use that data.

The Privacy Settings are summarized below

Limited Access: Data marked Limited Access may be viewed through the Database by the individual Record Holder, a designated Proxy (if any) or Trusted Parties (if any). The individual Record Holder can elect to share a field or specific data within a field with Trusted Parties. Trusted Parties will have on-going viewing rights to the specified Limited Access data. LiveDNA has no control over how a Trusted Party uses the Limited Access data, including sharing it with others.

Private: Data marked as Private may be viewed through the Database only by the Record Holder and any designated Proxy. Private data are not shared with the public, Trusted Parties or other members of LiveDNA. Only our staff, and our agents’ or contractors’ staff, with a “need to know” to manage the Database and process data for us are able to view Private and Limited Access Data. (The only exception to this is an employer or school that creates an LiveDNA Record on your behalf may view data it marks as Private prior to your Claiming the Record.)

While you are not required to keep your LiveDNA Record current (other than your email address), we strongly encourage you to do so in order to increase the usefulness of the Database for you and your colleagues in the research community.
Representations and Warranties about Data You Deposit
You represent and warrant to LiveDNA that: If you are an individual record creator, the LiveDNA Identifier you obtain and the LiveDNA Record you create is about you and does not misrepresent your identity in any manner.

All data you deposit is true and correct at the time of deposit. If you later discover that any data was not true and correct at the time of deposit, you must correct the data.

The license you grant to LiveDNA and the public of any links to full texts, blogs, data sets, or other materials, or other content you deposit, does not infringe on the copyright or other rights of a third party.
Limitations on Use
LiveDNA is a community-based initiative developed by and for the research community. We aim to create an accurate and secure Database. We encourage you to consider community norms and expectations in use of the Database and information in the Database. In addition, to help us ensure that LiveDNA is a useful and respected community resource, the following are explicitly prohibited in connection with the Database:

You may not obtain an LiveDNA ID and create an LiveDNA Record for anyone other than yourself.

You may not edit or deposit data in any LiveDNA Record without the explicit consent of the record owner (i.e., by being designated as a Proxy).

You may not deposit types of data other than those permitted by a specified field and may not include any full works (e.g., full articles or other publications, blogs, or datasets) in such field; however, metadata and links are permitted.

You may not obtain an LiveDNA ID and create and LiveDNA Record about yourself if you are under 18 years of age (or the age of majority in jurisdiction in which you are located).

You may not use the Websites or Database for any unlawful, illegal (in the United States and any jurisdiction in which you are located), or injurious purpose or to publish, post, distribute, receive, or disseminate defamatory, infringing, confidential, obscene, or other unlawful material or to threaten, harass, stalk, abuse, or other otherwise violate the legal rights (including without limitation, the rights of privacy and publicity) of any third party.

You may not deposit, edit, modify or otherwise use any Record Data in a manner that makes it false, incomplete or misleading.

You may not use the use email or physical addresses obtained from the Database to send any marketing or other commercial communication to someone, unless you give the person the right to opt-out of such communications.

You may not use any Record Data to send junk mail, spam, chain letters, pyramid schemes, or other similar communications.

You may not use the LiveDNA name in any way to suggest LiveDNA’s affiliation or endorsement of any individual, organization, product, or service without the prior written consent of LiveDNA.

You may not manipulate identifiers to disguise the origin of any Record Data; knowingly upload or post any Record Data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications equipment; or otherwise intentionally interfere with or disrupt LiveDNA servers or networks.

You may not use the Websites or Database in any way that damages, disables, overburdens or impairs the operation of the Websites or Database. Such prohibited actions include, but are not limited to: violating or attempting to violate security measures; accessing data that is not intended for your use; logging into a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network; attempting to interfere with the service of any users, host or network; forging any TCP/IP packet header or any part of a header information in any email or posting, or taking any action tin order to obtain services to which you are not entitled.

Any unauthorized use of the Websites or Database or other breach of these Terms and Conditions of Use shall automatically terminate the license granted to you by LiveDNA. In addition, LiveDNA reserves the right (but is not obligated to) to investigate any potential violations of its Terms and Conditions of Use and/or any behavior that is potentially unlawful, which may involve cooperation with law enforcement authorities.
Email Address
If you are a registered user, you are required to keep your email address up to date
Disputed Identifiers and Record Data
To ensure the transparency of the LiveDNA Database, we keep an audit trail of when and by whom Database information has been deposited or changed and any changes to privacy settings. While LiveDNA requires all data deposited be accurate, LiveDNA takes no responsibility for the accuracy of the data in the Database. By using our Websites and Database, you agree to follow the procedures set forth in the Dispute Procedures for settling any disputes regarding the accuracy and integrity of Record Data in your LiveDNA Record or another person's LiveDNA Record. You further agree to hold LiveDNA and its representatives and agents, and its and their directors, officers and employees, harmless regarding any such disputes.

If you are an individual record creator, the LiveDNA Identifier you obtain and the LiveDNA Record you create is about you and does not misrepresent your identity in any manner.

All data you deposit is true and correct at the time of deposit. If you later discover that any data was not true and correct at the time of deposit, you must correct the data.

The license you grant to LiveDNA and the public of any links to full texts, blogs, data sets, or other materials, or other content you deposit, does not infringe on the copyright or other rights of a third party.
Removal of Data and Limitation of Access
LiveDNA reserves the right to remove from the LiveDNA Database and its servers any Record Data or disable access to parts of the LiveDNA Database. We also reserve the right to discontinue access for any user (including a Record Holder or Proxy) who violates these Terms and Conditions of Use or otherwise disrupts the operation of or poses a security threat to the Database in LiveDNA’s sole discretion.
Security
LiveDNA takes a variety of measures to protect the security of the Database. Despite these measures, we cannot guarantee that unauthorized persons will not be able to hack our system or otherwise defeat our security measures. Your access to some of our services and content may be password protected. To maintain the security of your information (or information in another person’s LiveDNA Record that you are authorized to manage the case of a Proxy), please keep your username(s) and password(s) strictly confidential and do not disclose them to anyone. You will be solely responsible for any action, activities, and access to our Websites and Database that were taken through your username and password, and that occurred before you notified us of their loss. If you become aware of any security breach of your password or of the security of the Database more generally, please let us know by contacting the LiveDNA Help Desk.
Links
The Websites and Database contain links to third party sites. LiveDNA’s Terms and Conditions do not apply to those sites. LiveDNA has not reviewed any third-party websites for accuracy, appropriateness, completeness or non-infringement. LiveDNA makes no representations and warranties about such third party websites and content and takes no responsibility and is not liable for such third-party websites or the content provided therein.
Warranties/Disclaimer/Limitation of Liability
LiveDNA uses commercially reasonable efforts to protect the security of Limited Access Data and Private Data, and we try protecting our users and the integrity of the Database by posting rules for use of the Database and Record Data. HOWEVER, YOU USE THE LiveDNA DATABASE AND WEBSITES AT YOUR OWN RISK. THE LiveDNA DATABASE, THE LiveDNA WEBSITES, RECORD DATA, (individually and collectively, the “LiveDNA SYSTEM”) ARE PROVIDED ON AN “AS IS” BASIS, AND LiveDNA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES (individually and collectively, the “LiveDNA PARTIES”) DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO THE LiveDNA SYSTEM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. FOR EXAMPLE, WE DO NOT MAKE ANY PROMISES ABOUT DATA ACCURACY OR THE COMPLETENESS OF THE LiveDNA SYSTEM, THAT USERS WILL ABIDE BY LIMITATIONS IN SECTION 6, AND THAT YOU WILL NOT SUFFER FROM IDENTITY THEFT OR OTHER MISUSES OF THE LiveDNA SYSTEM BY THIRD PARTIES. ALSO, WHILE WE TRY TO ENSURE THAT OUR SYSTEM IS SAFE FROM BUGS, VIRUSES, DISRUPTIONS AND DELAYS, WE CANNOT PROMISE THAT IT WILL ALWAYS BE SO. LiveDNA IS UNDER NO OBLIGATION TO POLICE AND ENFORCE THE TERMS AND CONDITIONS OF USE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LiveDNA PARTIES BE LIABLE FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE LiveDNA SYSTEM OR USE BY A THIRD PARTY OF THE LiveDNA SYSTEM, INCLUDING USE BY A THIRD PARTY OF YOUR LiveDNA ID OR RECORD DATA. YOU IRREVOCABLY RELEASE AND HOLD HARMLESS THE LiveDNA PARTIES FROM ANY SUCH COSTS.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LiveDNA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUES ARISING OUT OF OR RELATING TO THIS AGREEMENT EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND LOSSES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE LiveDNA PARTIES IN CONNECTION WITH YOUR USE OF THE LiveDNA SYSTEM EXCEED THE FEES PAID BY YOU TO LiveDNA FOR YOUR USE OF THE DATABASE AND WEBSITES (OTHER THAN ANY INDEMNITY OBLIGATIONS UNDER SECTION 14). IN ALL CASES, THE LiveDNA PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.
Indemnity
You agree to indemnify and hold harmless LiveDNA, and its agents and representatives, and its and their directors, officers and employees from and against any liability, damage, loss, cost or expense (including, without limitation, reasonable attorneys’ fees) arising from or relating to your use of the Database and Websites, including data deposited by you, or violation of these Terms and Conditions of Use.
Business Use of the Database
If you are using the Database and/or Websites on behalf of a business, that business accepts these terms. It will hold harmless and indemnify LiveDNA, and its agents and representatives, and its and their directors, officers and employees from and against any liability, damage, loss, cost or expense (including, without limitation, reasonable attorneys’ fees) arising from or relating to its and your use of the Database and Websites, including data deposited by you or it, or violation of these Terms and We may modify these Terms and Conditions of Use from time to time by posting a revised version on our Websites and/or Database. Your continued use of the Database and/or Websites after the posting of such new Terms and Conditions of Use means that you agree to the changes; therefore, if you do not agree to the changes, you should discontinue use of the Database and Websites. If there is a conflict between these Terms and Conditions of Use and the new/additional terms and conditions, the new/additional terms and conditions will control.
Modifications to these Terms and Conditions of Use
We may modify these Terms and Conditions of Use from time to time by posting a revised version on our Websites and/or Database. Your continued use of the Database and/or Websites after the posting of such new Terms and Conditions of Use means that you agree to the changes; therefore, if you do not agree to the changes, you should discontinue use of the Database and Websites. If there is a conflict between these Terms and Conditions of Use and the new/additional terms and conditions, the new/additional terms and conditions will control.
General
These Terms and Conditions of Use make up the entire agreement between LiveDNA and you, and they do not create any third party rights. If any term is unenforceable, this will not affect the other terms. If you do not comply with these any of these Terms and Conditions of Use, and we do not take action to enforce them right away, that does not mean that we are giving up our rights, including the right take action in the future. All of our rights and obligations under these Terms and Conditions of Use are freely assignable by us. You will comply with all applicable laws when using the Database and Websites. We may take any actions necessary in order for us to comply with applicable laws.
 
 
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