This page sets out the Terms of Use that concern your use of Deakin’s online Data platform (Big NIBS data) and the content in it.
By using this website, you are agreeing to comply with these Terms of Use and the Deakin University’s Privacy Policy. You must not use the Big NIBS data if you do not agree to these Terms of Use and the Privacy Policy.
When these terms use ‘I’, ‘we’, ‘us’, ‘our’ or ‘Big NIBS data’ it means Deakin University.
We may change these Terms of Use whenever we choose without notice to you. The changes shall be effective immediately upon posting to the Big NIBS data website unless otherwise stated on the website. You agree to review these Terms of Use periodically to make sure that you are aware of any changes. By continuing to use this website you accept the Terms of Use as they apply from time to time.
We reserve the right to modify or discontinue all or any part of Big NIBS data, either temporarily or permanently.
Liability
Your use of this website, and your reliance on its content, is entirely at your own risk. We make no representations and give no warranties that this information is correct, current, complete, reliable, or suitable for any particular purpose. The website and its content are provided entirely “as is”.
To the fullest extent permitted by law:
- All conditions, warranties, guarantees, rights, remedies, liabilities, or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us in relation to the Big NIBS data website or its content are expressly excluded under these Terms of Use.
- We have no liability to you or anyone else (including in negligence) for any type of loss, however incurred, in connection with your use of the Big NIBS data website or its content, including (without limitation) loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
- We disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
- As the internet is inherently insecure and information will be transmitted over a medium that may be beyond our control and jurisdiction, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the website.
In the event that we are found liable to you on any basis, our liability to you is limited to $10.
Indemnity
You agree to defend, indemnify, and hold harmless us and our affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Viruses
You must not knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Big NIBS data website.
We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Big NIBS data website, to your downloading of any material posted on them, or on any website linked to them.
Links to other websites
Where a link to a third party website appears on the Big NIBS data website:
- The links are provided for convenience only and may not be maintained or current;
- We do not endorse, recommend or support the linked website or any information, opinions, or goods and services made available on it;
- These terms will not apply to the linked website, and you should review the terms applicable to the linked website before using it;
- We are not liable to you or anyone else if interference with or damage to your computer systems occurs or if you suffer any loss, cost or expense in connection with your use of this website or a linked website;
- We have no control over the information, content or activities of the linked website and your access to and use of the linked website is at your own risk; and
- We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on the linked website.
Terms of uploading
By uploading this dataset, you understand/agree that:
- You warrant that you are the owner of the dataset and have the rights to deal with the dataset in accordance with these Terms, including the permission to share this dataset to the Big NIBS data website/repository. The dataset must have been collected with all relevant ethics/institutional review board approvals. All participants’ data within this dataset provided written informed consent.
- You remain the owner of the intellectual property to the raw/original dataset uploaded to the Big NIBS data website. You grant Deakin the rights to use the dataset under these terms.
- This dataset has undergone an appropriate and robust de-identification process, and does not include information from which the identity of an individual could reasonably be ascertained. Different countries have different laws/requirements for de-identification and what can be shared – I am aware of the relevant laws/requirements of the country or countries from which the data was acquired, and have followed them before sharing.
- You confirm and agree that this dataset is permitted to be shared according to the rules within the European Union General Data Protection Regulation (GDPR).
- You agree and acknowledge that ‘Big NIBS data’ is a website and platform designed to facilitate the exchange of data and information. For this reason, Big NIBS data is freely available to individuals and institutions, who can use the raw/original data for publication, teaching, and research purposes.
- We are permitted to use the raw/original data for publication, teaching, and research purposes, and to possibly create commercial products (and collaborate with others to create commercial products) derived from the raw/original data, and any other information contained within the website/repository. This includes tools with codes and algorithms analysing non-invasive brain stimulation (NIBS) data for the advancement of public health. This does not include commercialising the raw/original data itself (which the owner retains intellectual property of). For the purpose of this clause, raw/original data means the dataset in its original form directly uploaded by the owner of the dataset.
- The dataset is formatted as set out in the template NIBSds (data structure) document (here) to allow for integration with other datasets. We do not have the capacity to re-organise the raw/original data into this format. If this is not possible, then please label the dataset as ‘non-NIBSds format’ in the metadata before agreeing to these terms.
- You have checked the accuracy of the raw/original data, and the results would match those reported in the publication exactly if the same statistical analyses were run (if already published).
- You have accurately provided the metadata associated with this dataset, as set out in the instructions here, so that it can be understood and re-used. You have provided links to raw/original data associated with this dataset (e.g., MRI, EEG) that is uploaded on other public repositories (e.g., OpenNeuro).
- Uploading a raw/original dataset to Big NIBS data does not warrant authorship on resultant publications. Authorship on scientific publications must be attributed in accordance with the Australian Code for the Responsible Conduct of Research (or other equivalent agreement in other countries). Authorship will be decided by individual researchers outside of this Agreement, as per usual practice in scientific publishing.
Terms of downloading
By downloading this dataset, you understand/agree that:
- You will not attempt to re-identify participants within the dataset.
- You will contact Big NIBS data in the event of re-identification of any individuals, and identifiable information will not be included in any report or publication based on the Data.
- You will use the data, code, and any other information downloaded from Big NIBS data in compliance with all applicable laws and standards.
- You cannot use any of the data, information, or code from the Big NIBS data website/repository for profit or commercial purposes.
- Deakin University owns Big NIBS data, the copyright of the codes constituting Big NIBS data, the images and contents of the website hosting Big NIBS data, and any other intellectual property rights associated with the website/platform, excluding the raw/original data uploaded to Big NIBS data.
- If you intend to use the data downloaded from the Big NIBS repository for a specific project that you intend to publish, you have pre-registered your project/s (as per the instructions here).
(Updated 14.10.2024)