6 October 2014

1. Welcome and Consent to Terms

ORCID, Inc. (referred to as “ORCID”, “us” “our” and “we”) is a nonprofit 501(c)(3) organization that operates certain websites at the orcid.org URL ("Websites") and an open access registry of researcher identifiers (an “ORCID iD”) and related data (the “Registry”). These Terms of Service describe conditions under which ORCID allows the public to obtain and use credentials (“Credential”) for accessing our Public Client Application, which is an API enabled by a special alphanumeric token that grants  specific access permissions to a specific ORCID Record and to search the ORCID Registry.   

Public Client Applications are granted to individuals and not organizations, and your Public Client is personal to you (even if you are using it in connection with your work for an organization).  Only an individual with an ORCID iD may obtain a Public Client.  If you do not have an ORCID iD and would like to obtain one, you can do so at https://orcid.org/register.

These Terms of Service, which include the linked Privacy Policy and Dispute Procedures, create a binding agreement between you and us.  If you do not agree to these Terms of Service, the Privacy Policy and Dispute Procedures, please refrain from using the Public Client. Note that these Terms of Service only apply to use of the API and the Public Client; any other use you make of our Websites and Registry will be governed by ORCID’s Terms and Conditions of Use.  

2. Your Right to Use the Public Client

We grant you a limited license to make non-commercial use of the Public Client to request permission from an ORCID iD holder to receive an authenticated ORCID iD, to read public information from an ORCID record, and to search public data on the ORCID Registry. By “non-commercial” we mean that you may not charge any re-use fees for the Public Client, including making the Public Client part of any bundled service for which you charge fees or otherwise use the Public Client as part of any fee-based service.

In addition, we grant you a limited license to use any Registry data marked “public” subject to these Terms of Service.  This license does not extend to materials linked to ORCID iD records, such as full text articles or datasets.

ORCID reserves the right to throttle or otherwise limit the free use of the Public Client or require membership and associated fees for extensive or extended use, in its sole discretion; provided, however, that ORCID will provide you with advance notice (to the email address provided when you register for use of the Public Client) of any fees, and no fees shall be applied retroactively without your affirmative consent. 

All rights not explicitly granted herein are reserved by ORCID.  

ORCID reserves the right to terminate your use at any time.  

3. Limitations on Use

ORCID is a community-based initiative developed by and for the research community.  Any unauthorized use of the Public Client or other breach of these Terms of Service shall automatically terminate the license granted to you by ORCID.  In addition, because the Public Client is a free service, ORCID reserves the right to terminate access for any user in ORCID’s sole discretion.  To help us ensure that ORCID is a useful and respected community resource, the following are explicitly prohibited in connection with the Public Client:

  • You may not use the Public Client to perpetually poll the ORCID Websites. 
  • An individual may only have one Public Client.   You may not obtain more than one ORCID iD for the purpose of obtaining multiple Public Clients. 
  • You may not share your Public Client or transfer your Public Client credentials to another individual. (If an individual leaves an organization, a new individual at the organization must register for a new Public Client for the organization to continue to access the Public Client benefits). 
  • You may not use any data obtained from the Registry in a manner that is false or misleading.
  • You may not use email or physical addresses obtained from ORCID records to send junk mail, spam, chain letters, pyramid schemes or similar communications, and you may not send marketing or other commercial communications, unless you give the person the right to opt-out of such communications.
  • You may not use the Public Client for any unlawful, illegal (in the United States and any jurisdiction in which you are located), or injurious purpose.
  • You may not use the Public Client in any way that damages, disables, overburdens or impairs the operation of the Websites or Registry.  Such prohibited actions include, but are not limited to: violating or attempting to violate security measures; denial of service attacks, accessing services or data that are 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; and infecting the Websites or Registry with 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.
  • If you are prohibited from receiving U.S. origin services or software you may not use the Public Client.  You may not export the Public Client to any countries that are subject to the export control restrictions of the United States.  
  • You may not use the ORCID name in any way to suggest ORCID’s affiliation or endorsement of any individual, organization, product, or service without the prior written consent of ORCID.

4. Privacy and Processing of Personal Information

ORCID’s Privacy Policy explains how we treat any personal data (such as an email address) you provide in connection with obtaining a Credential to use the Public Client.  By obtaining a Credential, you agree that ORCID can use such data in accordance with our Privacy Policy.  

5. Security

You agree to take reasonable efforts to protect your Credential from any security breaches or other use that is in violation of these Terms of Service or applicable law.  You will be liable for any negligent use of the Public Client.  If you become aware of any security breach of your Credential you are required to let ORCID know immediately by contacting the ORCID Help Desk at support@orcid.org.   

6.  Disputed Records

To ensure the transparency of the ORCID Registry, ORCID keeps an audit trail of when and by whom Registry information has been deposited or changed and any changes to privacy settings.  You agree to follow the procedures set forth in the Dispute Procedures for settling any disputes regarding the accuracy and integrity of data in the Registry. You further agree to hold ORCID and its representatives and agents, and its and their directors, officers and employees, harmless regarding any such disputes

7.  Links

The ORCID Registry may contain links to third party sites. These Terms of Service do not apply to those sites. ORCID has not reviewed any third-party websites for accuracy, appropriateness, completeness or non-infringement. ORCID 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. 

8. Warranties/Disclaimer/Limitation of Liability

THE PUBLIC CLIENT, CREDENTIAL, ORCID REGISTRY, THE ORCID WEBSITES, RECORD DATA, AND THE ORCID SOFTWARE (individually and collectively, the “ORCID SYSTEM”) ARE PROVIDED ON AN “AS IS” BASIS, AND ORCID AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES (individually and collectively, the “ORCID 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 ORCID SYSTEM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ORCID PARTIES BE LIABLE FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE ORCID SYSTEM.  YOU IRREVOCABLY RELEASE AND HOLD HARMLESS THE ORCID PARTIES FROM ANY SUCH COSTS. 

IN ADDITION, (1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE ORCID PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST REVENUES ARISING OUT OF OR RELATING TO YOUR USE OF THE ORCID SYSTEM OR THIS AGREEMENT EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND LOSSES; (2) TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE ORCID PARTIES IN CONNECTION WITH YOUR USE OF THE ORCID SYSTEM EXCEED THE FEES PAID BY YOU TO ORCID FOR YOUR USE OF THE PUBLIC CLIENT WHICH IS ZERO U.S. DOLLARS, OR IN THE EVENT THAT A JURISDICTION BARS ZERO DAMAGES, U.S. $ 10.  IN ALL CASES, THE ORCID PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.  

9.  Indemnity

You agree to indemnify and hold harmless ORCID, and it 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 related to your use of the Public Client. 

10. Modifications to these Terms of Service

We may modify these Terms of Service (including our Privacy Policy and Dispute Procedures) from time to time by posting a revised version on our Websites and/or Registry, provided that (i) no changes will apply retroactively, and (ii) we will provide you with advance email notice of any changes that increase your liability exposure, increase your indemnification requirements, or change the ownership of any of your intellectual or real property, and give you the opportunity to opt out of such changes by stopping use of the Public Client and your credential.  Your continued use of the Public Client after the posting such new Terms of Service means that you agree to the changes.

11. Termination

Any unauthorized use of the Public Client or other breach of these Terms of Service shall automatically terminate the license granted to you by ORCID.   In addition, ORCID reserves the right to investigate any potential violations of these Terms of Service and/or any behavior that is potentially unlawful.

12. General

These Terms of Service, together with the Privacy Policy, make up the entire agreement between ORCID 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 any of these Terms of Service, 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 of Service are freely assignable by us, consistent with any limitations set forth in the Privacy Policy.  You will comply with all applicable laws when using the Public Client.  We may take any actions necessary in order for us to comply with applicable laws.  These Terms of Use shall be interpreted under and governed by the laws of the State of New York, excluding any laws that might direct the application of the laws of another jurisdiction.  All claims, disputes and actions of any kind arising out of or relating to these Terms of Service shall be settled exclusively in New York, New York by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and conducted by a single arbitrator from the AAA reasonably familiar with the information services industry, and you agree to submit to such jurisdiction.  Notwithstanding the foregoing, ORCID shall be entitled (in anticipation of, but not in any limiting arbitration or waiving any other rights or remedies) to injunctive or equitable relief before any court located in New York, NY. If you are using the Public Client outside the United States, you waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts.

13. Contacts

If you have any additional questions about our Terms of Service, our Privacy Policy, or our Dispute Procedures, please contact ORCID at ombud@orcid.org or by writing to ORCID Executive Director, 10411 Motor City Drive, Suite 750, Bethesda, MD 20817, USA.