Terms of Service

IEEE DataPort™ is an online data repository created and supported by both the IEEE Signal Processing Society (SPS) and the IEEE Big Data Initiative (BDI).  IEEE DataPort hosts technical material, including datasets and data analysis tools, of interest to the engineering community.  

IEEE DataPort™ hosts technical material, including datasets, scripts and data analyses, of interest to the engineering community.

IEEE DataPort™ will support IEEE’s overall mission of advancing technology for humanity. 

IEEE DATAPORT TERMS OF USE

The following Terms of Use, in connection with the IEEE Terms and Conditions, Copyright Policy, and Privacy Policy govern your use of IEEE DataPort.  These Terms of Use should be read prior to your use of IEEE DataPort.  Use of IEEE DataPort constitutes acceptance of the Terms of Use.  

These Terms of Use may be modified by IEEE at any time, without notice, at IEEE’s sole discretion.  

1. General 

a. IEEE DataPort is provided by the Institute of Electrical and Electronics Engineers (“IEEE”) a New York not-for-profit organization with headquarters at 3 Park Avenue, 17th Floor, New York, New York, 10016. 

b. Definitions 

i. An “Authorized User” is a person no younger than 18 years of age that has registered for an account with IEEE DataPort.  Authorized User shall include both Register and Unregistered Users.  Registered Users can upload and download content.  Unregistered Users may have limited viewing and searching capabilities as determined by IEEE.

ii. “Content” refers to any information uploaded to IEEE DataPort by an Authorized User.  Content may be assigned unique reference identification criteria at IEEE’s discretion. 

iii. “User Generated Content” shall mean any original Content to which the Authorized User may be the copyright holder that is authored or shared by an Authorized User in the Repository. 

2. License 

a. In accordance with the Terms of Use, IEEE grants Authorized Users a non-exclusive, personal, non-transferable license to use IEEE DataPort in accordance with the policies and procedures of IEEE.  

b. Authorized User understands and agrees that IEEE DataPort may collect certain data, even when offline.  This data may include, but is not limited to, metadata relating to Content and User Generated Content. 

c. Authorized User agrees and understands that:

i. IEEE DataPort may only be used in a manner consistent with the Terms of Use;

ii. User credentials and access to IEEE DataPort is unique to the Authorized User’s account.  Sharing of either is prohibited;

iii. Authorized User may not remove or alter the copyright, or other intellectual property, notice of either IEEE or any rights holder;

iv. Disassembling, decompiling, reverse engineering, or creating a derivative work based on IEEE DataPort, in whole or in part, is prohibited.  

d. Except as provided in the Terms of Use, Authorized User understands and agrees that IEEE is the owner of IEEE DataPort and all associated intellectual property.  Authorized User shall have no right to use any such IEEE intellectual property unless as specified herein.  

e. In connection with the rights granted to Authorized User under the Terms of Use, Authorized User grants to IEEE a non-exclusive, worldwide, royalty free license to use, reproduce, distribute, and make derivative works of any User Generated Content.  Authorized User, to the extent possible, also grants to IEEE rights necessary to give effect to the Terms of Use with respect to Content.  Authorized User understands that IEEE’s rights to use User Generated Content may exist beyond any point where the Authorized User deletes the User Generated Content. 

f. Authorized User understands that IEEE DataPort is made available at the discretion of IEEE.  IEEE reserves the right to change, suspend, or terminate the Repository at any point and for any reason. 

Authorized Users who upload Content understand that that Content will be made available to any users of IEEE DataPort including other Authorized Users for viewing, downloading, and/or reuse including but, not limited to, proving reproducibility and performing data analysis.  Authorized Users agree that Content will be made available subject to the terms of the Creative Commons Attribution (CC-BY) License. CC-BY.  

3. Copyright 

a. IEEE respects the rights of copyright holders.  All Authorized Users are required to abide by all terms and conditions that may apply to any, and all, material that is used and shared by an Authorized User in IEEE DataPort.  

b. All Content uploaded by the Authorized User is stored at the request of the Authorized User.

c. Authorized User understands and agrees that IEEE will not review Content prior to inclusion in IEEE DataPort.    

IEEE does not review Content prior to its inclusion in IEEE DataPort. 

d. Except for Content and User Generated Content, Authorized User understands and agrees that Authorized User shall have no intellectual property ownership associated with IEEE DataPort. IEEE DataPort is the exclusive intellectual property of IEEE and its licensors. 

e. By using IEEE DataPort, Authorized User indicates, warrants, and represents that they have the full right to use any intellectual property, including but not limited to Content and User Generated Content, they have obtained any and all permission necessary prior to use, and that the use of any such intellectual property does not violate the intellectual property rights of any third party or any applicable laws.   

Authorized User understands and agrees that, to the extent User Generated Content is included with Content (including, but not limited to, comments on the Content or positive or negative endorsements, etc), Authorized User shall be deemed to have granted permission for such inclusion and that this shall not violate Authorized User’s rights to preparation of a derivative work or moral rights in the entirety of the Content 

f. Authorized User understands that inclusion of Content and User Generated Content in IEEE DataPort shall not increase Authorized User’s chances of publication in any other IEEE publication.  

 

g. IEEE has adopted and implemented a policy that responds to possible violations of intellectual property rights.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IEEE's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. 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;

iv. Information reasonably sufficient to permit us to contact the complaining party;

v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement on or regarding these sites, IEEE's Copyright Agent can be reached as follows:

Copyright Agent 
445 Hoes Lane
Piscataway, NJ 08854
Phone: +1 732 562 3966
Fax: +1 732 562 1746
E-mail: copyrights@ieee.org

 

4. Payment

a. Authorized User understands and agrees that use of IEEE DataPort may require payment.  Authorized User understands that such payment will be governed by applicable terms presented during the transaction.  

b. IEEE reserves the right, at its sole discretion, to waive the payment of fees to use IEEE DataPort.   If required, any reporting of the monetary value such a discounted to an Authorized User’s employer, or taxing authorities, is the sole responsibility of the Authorized User.

c. Upon termination of usage of IEEE DataPort, for any reason, Authorized User may not be entitled to any refund of fees paid in connection with IEEE DataPort.  

5. Misuse  

a. IEEE reserves the right to suspend or cancel an Authorized User account, at the sole discretion of IEEE, for any of the following reasons:

i. Misrepresentation of information by an Authorized User;

ii. Violation of intellectual property rights;

iii. For the protection of IEEE DataPort from any threat perceived by IEEE;

iv. If the Authorized User violates the Terms of Use;

v. Violation of any IEEE Policies;

vi. Engaging in conduct that is illegal, inappropriate, profane, obscene, defamatory, inflammatory, or unethical;

vii. Use of IEEE DataPort to facilitate unauthorized public sharing of Content;

viii. Engaging in conduct that is intended to harm any other person in any way;

ix. Attempting to compromise the Authorized User account or privacy of another Authorized User;

x. Failing to take reasonable efforts to protect an Authorized User account;

xi. Use of IEEE DataPort  to conduct any technology based harm including, but not limited to, distribution of viruses, spyware, adware, malware, unauthorized extraction of data, interruption or disruption of networks or accounts connected to IEEE DataPort, or spam; 

xii. In the event IEEE decides to suspend or terminate IEEE DataPort.

b. Should an Authorized User be found to  be in violation of the Terms of Use, IEEE, at its sole discretion may take any of the following action(s) as it deems necessary:

i. Termination of Authorized User’s Repository account;

ii. Suspension of Authorized User’s account;  

iii. Termination or suspension of access to certain portions of IEEE DataPort;

iv. Removal of Content or User Generated Content; 

v. Issuance of a notification of violation; 

vi. Proceedings before the IEEE Ethics and Member Conduct Committee;

vii. Disclosure of Authorized User’s identity to law enforcement or third parties in connection with legal action;

viii. Legal action;

ix. Any other action available to protect IEEE, its members, volunteers, employees, agents, subsidiary organizations, etc. 

c. In the event an Authorized User believes their account has been compromised in any way Authorized User should contact melissa.handa@ieee.org immediately.  IEEE reserves the right to suspend or terminate Authorized User’s account at its own discretion as a result of the investigation IEEE may conduct.  

6. Survival

If any provision or provisions of IEEE DataPort Terms of Use become or are found to be invalid, illegal, unenforceable, or in conflict with the laws of any jurisdiction the remaining provisions of IEEE DataPort  Terms of Use shall be deemed to remain in effect to the maximum extent possible.  

7. Third Parties

a. IEEE DataPort may present links to third party websites and services.  Authorized Users understand and agree that IEEE is not responsible for, nor does it have any control over, the material or services made available at any such links. 

b. Nothing in IEEE DataPort Terms of Use is intended to modify or relieve Authorized Users from any obligation, duty, or responsibility created under any third party agreements including but not limited to licensing agreements, employment agreement, funding requirement, terms of service, and privacy policies. 

8. General Practices Regarding Use and Storage 

Authorized Users acknowledge that IEEE may establish, at its sole discretion, general practices and limits concerning use of IEEE DataPort, including, without limitation, the maximum size, format, or number of days that Content and User Generated Content may be retained by IEEE DataPort.  You agree that IEEE has no responsibility or liability for the deletion of or failure to store Content or User Generated Content in IEEE DataPort. You acknowledge that IEEE reserves the right to terminate, suspend, or log off accounts that are inactive for an extended period of time. You further acknowledge that IEEE reserves the right to modify these general practices and limits from time to time.

9. Disclaimer 

IEEE DATAPORT IS PROVIDED TO AUTHORIZED USER “AS IS” AND “WITH ALL FAULTS.”  IEEE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;  (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF IEEE DATAPORT , OR THAT AUTHORIZED USER’S USE OF THE LICENSED PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET AUTHORIZED USER’S REQUIREMENTS; (C) THE WARRANTIES OF TITLE AND NONINFRINGEMENT. AUTHORIZED USER ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF IEEE DATAPORT ARE SUBJECT TO CHANGE; (D) ANY CONDUCT, CONNECTION, OR COMMUNICATION CREATED AS A RESULT OF INTERACTION WITH OTHER AUTHORIZED USERS.

10. Limitation of Liability  

a. TO THE MAXIMUM EXTENT POSSIBLE, AUTHORIZED USER ASSUMES ALL LIABILITY FOR USE OF IEEE DATAPORT.  IN NO EVENT SHALL IEEE BE LIABLE TO THE AUTHORIZED USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF IEEE DATAPORT.  

b. IEEE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET, OR INTERNET SERVICE PROVIDER, AUTHORIZED USER’S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS IEEE DATAPORT  OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER.  AUTHORIZIED USER ACKNOWLEDGES AND AGREES THAT IEEE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION, CONTENT, USER GENERATED CONTENT, OR DATA CONTAINED IN IEEE DATAPORT  AND IEEE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION, CONTENT, USER GENERATED CONTENT, OR DATA UNDER ANY CIRCUMSTANCES.

c. To the extent IEEE DataPort contains any third party information, products, or services IEEE expressly disclaims any ownership, liability, or responsibility for the presentation or use of all such content.   

11. Indemnification

Authorized User agrees to indemnify and hold IEEE harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of IEEE DataPort, including, but not limited to, the infringement of intellectual property.

12. Severability 

If any provision of IEEE DataPort Terms of Use shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.  Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of IEEE DataPort Terms of Use. 

13. Venue

IEEE DataPort Terms of Use are an agreement made under the laws of the State of New York.  Authorized User understands and agrees that the State of New York shall have exclusive jurisdiction to resolving all disputes.  

14. Contact

Comments and questions regarding IEEE DataPort can be addressed to melissa.handa@ieee.org