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.
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
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 email@example.com.
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
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.
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
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.