February 21, 2013

Updated December 17, 2015

Introduction

1.0 Welcome and Consent to Terms

ORCID, Inc. (referred to as “ORCID”, “us” “our” and “we”) is a nonprofit organization that operates certain Websites at the orcid.org URL ("Websites"). Our mission is to solve the name ambiguity problem in research and scholarly communication by creating and operating an open-access registry (referred to as the “Registry”) 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 Registry, including obtaining an ORCID ID, free of charge to the public. 

By using our Website and Registry, whether by creating an ORCID Record, acting as a Trusted Individual, searching the Registry, or otherwise (including use through a public API which ORCID makes available for computer communication with the ORCID Registry), you are agreeing to these Terms and Conditions of Use, including ORCID's Privacy Policy. Please read these Terms and Conditions of Use and the Privacy Policy carefully. If you do not agree to these Terms and Conditions of Use and the Privacy Policy, please refrain from using the Websites and Registry.  

If you have questions about our Websites and Registry, please contact us by email us at support@orcid.org, or by mail at our main office at Executive Director, ORCID, Inc., 10411 Motor City Drive, Suite 750, Bethesda, MD, 20817, USA.

2. Definitions

In this document, we use “you” to refer to researchers and other users of the Websites and Registry.    We also use the following defined terms:

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

ORCID Public API: An application program interface available to the public to facilitate computer communication with the Registry.

Privacy Settings: Settings that an individual or a Trusted Individual use to indicate the extent to which data should be publicly shared via the ORCID Registry.   

Trusted Individual: A person whom the Record Holder has given the authority to manage an ORCID Record on his or her behalf, including setting privacy settings, naming Trusted Organizations, and editing and depositing data. Trusted Individuals must agree to ORCID’s Terms and Conditions of Use.

Record Data: The individual data elements in an ORCID Record, including the ORCID 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 ORCID Record.

Trusted Organization: An ORCID member organization to which the Record Holder has given the right to view, edit, and/or deposit specific data in his or her ORCID 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 Registry.

3. Your Right to Use the Registry

The Websites and Registry contain technology that is owned by ORCID or third parties and content, including the Registry database, that are owned by ORCID or its third party licensors.  We grant you a limited license to make use of the ORCID software on which the ORCID Registry is based and the ORCID Public API to access and search the Registry.  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 ORCID 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 Registry to obtain an ORCID identifier for yourself, and to create and manage an ORCID Record for yourself, and to manage an ORCID Record if you are named as a Trusted Individual, subject to these Terms and Conditions of Use.  You may not obtain an identifier and an ORCID Record for another person.  

If you are interested in other uses of the software platform on which the Registry is based, please note that where possible, we make ORCID software available on an open source basis. You can find additional information about the software and license at http://orcid.org/about/community/orcid-technical-community.

ORCID owns the ORCID trademark and logo displayed on the Websites. The license granted herein does not include a right to use the ORCID trademark or any other marks on the website without the express permission of the trademark owner.

All rights not explicitly granted herein are reserved.

4. Depositing Data in the Registry

ORCID seeks to support open access to information for the research community. ORCID shares with the public free of charge any data marked as Public through both the Registry and an annual data file (which we call the “Public Data File”) for viewing and use, including commercial uses.

If you deposit data in the ORCID Registry, you still own the data, but you grant a license to ORCID and its users to use the data. Specifically, by depositing any data (including links, but not the linked content) in the ORCID Registry, you grant ORCID 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 or your Trusted Individual select. This license continues even after you stop using the Registry. You can remove information (other than the ORCID 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 Registry, there is no way to stop the public from continuing to use that data.

The Privacy Settings are summarized below and are described in more detail in the Privacy Policy.  We encourage you to read the Privacy Policy, which is part of these Terms and Conditions of Use.

Public. Data marked as Public will be available to the public for viewing and commercial and non-commercial use through an annual public data file which ORCID will release to the public under a Creative Commons CC0 Universal 1.0 Public Domain Dedication.  Consistent with the CC0 waiver, the public data file will not contain the restrictions on use set forth in these Terms and Conditions of use, but will include suggested community norms for use.  

Limited Access. Data marked Limited Access may be viewed through the Registry by the individual Record Holder or a designated Trusted Individual (if any). The individual Record Holder (or his/her Trusted Individual, if any) can elect to share a field or specific data within a field with Trusted Organizations. Trusted Organizations will have the on-going viewing, editing and/or updating rights to the specified Limited Access data, as indicated by the Record Holder (or his/her Trusted Individual). ORCID has no control over how a Trusted Organization uses the Limited Access data, including sharing it with others, although under their membership agreements, Trusted Organizations have indicated that they will not disclose Limited Access data unless (i) such data is publicly available from another source, or (ii) they provide notice to Record Holder regarding how and to whom such data will be disclosed.

Private.  Data marked as Private may be viewed through the Registry only by the Record Holder and any designated Trusted Individual. Private data are not shared with the public, Trusted Organizations or other members of ORCID. Only our staff, and our agents’ or contractors’ staff, with a “need to know” to manage the Registry and process data for us are able to view Private and Limited Access data.

While you are not required to keep your ORCID Record current (other than your email address), we strongly encourage you to do so in order to increase the usefulness of the Registry for you and your colleagues in the research community.

5.  Representations and Warranties about Data You Deposit

You represent and warrant to ORCID that:

• If you are an individual record creator, the ORCID Identifier you obtain and the ORCID 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 ORCID 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. 

6. Limitations on Use

ORCID is a community-based initiative developed by and for the research community. We aim to create an accurate and secure Registry. We encourage you to consider community norms and expectations in using the Registry and information in the Registry. In addition, to help us ensure that ORCID is a useful and respected community resource, the following are explicitly prohibited in connection with the Registry:

• You may not obtain an ORCID ID and create an ORCID Record for anyone other than yourself. (Please see our Privacy Policy, Section 4.2, for a limited exception for certain member organizations to create ORCID Records on behalf of affiliated individuals.)
• You may not edit or deposit data in any ORCID Record without the explicit consent of the Record Holder (i.e., by being designated as a Trusted Individual).
• 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 ORCID ID and create an ORCID 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 Registry 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 Registry 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 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.
• 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 ORCID servers or networks.
• You may not use the Websites or Registry 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; 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 in order to obtain services to which you are not entitled.
• You may not export or re-export any part of the Websites or Registry to any countries that are subject to the export control restrictions of the United States. The Websites and Registry are subject to applicable export control laws and regulations of the United States.

Any unauthorized use of the Websites or Registry or other breach of these Terms and Conditions of Use shall automatically terminate the license granted to you by ORCID. In addition, ORCID 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.

7. Email Address

If you are a registered user, you are required to keep your email address up to date.

8. Privacy and Processing of Personal Information

ORCID’s Privacy Policy explains how we treat your personal data and your privacy when you use the ORCID Registry. By using the ORCID Registry and/or Websites, you agree that ORCID can use such data in accordance with our Privacy Policy.

9. Disputed Identifiers and Record Data

To ensure the transparency of the ORCID Registry, we keep an audit trail of when and by whom Registry information has been deposited or changed and any changes to privacy settings.  While ORCID requires all data deposited be accurate, ORCID takes no responsibility for the accuracy of the data in the Registry. By using our Websites and Registry, 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 ORCID Record or another person’s ORCID Record. You further agree to hold ORCID and its representatives and agents, and its and their directors, officers and employees, harmless regarding any such disputes.

10. Removal of Data and Limitation of Access

ORCID reserves the right to remove from the ORCID Registry and its servers any Record Data or disable access to parts of the ORCID Registry. We also reserve the right to discontinue access for any user (including a Record Holder or Trusted Individual) who violates these Terms and Conditions of Use or otherwise disrupts the operation of or poses a security threat to the Registry in ORCID’s sole discretion.

11. Security

ORCID takes a variety of measures to protect the security of the Registry. 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 ORCID Record that you are authorized to manage in the case of a Trusted Individual), 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 Registry 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 Registry more generally, please let us know by contacting the ORCID Help Desk.

12. Links

The Websites and Registry contain links to third party websites. ORCID’s Terms and Conditions, including the Privacy Policy, do not apply to those websites. ORCID has not reviewed any third party websites (including those of members) 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.

13. Warranties/Disclaimer/Limitation of Liability

ORCID uses commercially reasonable efforts to protect the security of Limited Access data and Private data, and we try protect our users and the integrity of the Registry by posting rules for use of the Registry and Record Data in Section 6.    HOWEVER, YOU USE THE ORCID REGISTRY AND WEBSITES AT YOUR OWN RISK.  THE ORCID REGISTRY, THE ORCID WEBSITES, RECORD DATA, THE PUBLIC DATA FILE, AND THE ORCID SOFTWARE (INCLUDING THE PUBLIC API) (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.  FOR EXAMPLE, WE DO NOT MAKE ANY PROMISES ABOUT DATA ACCURACY OR THE COMPLETENESS OF THE ORCID SYSTEM, THAT USERS WILL ABIDE BY LIMITATIONS IN SECTION 6, AND THAT YOU WILL NOT SUFFER FROM IDENTITY THEFT OR OTHER MISUSES OF THE ORCID 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.  ORCID 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 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 OR USE BY A THIRD PARTY OF THE ORCID SYSTEM, INCLUDING USE BY A THIRD PARTY OF YOUR ORCID ID OR RECORD DATA.  YOU IRREVOCABLY RELEASE AND HOLD HARMLESS THE ORCID PARTIES FROM ANY SUCH COSTS. 

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ORCID 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 ORCID PARTIES IN CONNECTION WITH YOUR USE OF THE ORCID SYSTEM EXCEED THE FEES PAID BY YOU TO ORCID FOR YOUR USE OF THE REGISTRY AND WEBSITES (OTHER THAN ANY INDEMNITY OBLIGATIONS UNDER SECTION 14).    IN ALL CASES, THE ORCID PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.  

14. Indemnity

You agree to indemnify and hold harmless ORCID, 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 Registry and Websites, including data deposited by you, or violation of these Terms and Conditions of Use.   

15. Business Use of the Registry

If you are using the Registry and/or Websites on behalf of a business, that business accepts these Terms and Conditions of Use.  It will hold harmless and indemnify ORCID, 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 Registry and Websites, including data deposited by you or it, or violation of these Terms and Conditions of Use.  

16. Use outside the United States

ORCID is committed to building an international organization for users from around the globe. If you are using the Registry or Websites from outside the United States you consent to having your personal data transferred to the United States, which may have privacy laws different from those in your country. We take your rights with respect to your personal information seriously. Please see our Privacy Policy for more details on what data we collect and how we share your information.  

If you are prohibited from receiving U.S. origin services or software, you may not use the Websites or Registry.

17. Arbitration/Governing Law

These Terms and Conditions of Use shall be interpreted under and governed by the laws of the State of New York, New York (United States) excluding any laws that might direct the application of the laws of another jurisdiction. 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 in connection with any question of law. Except as set forth herein, all claims, disputes and actions of any kind arising out of or relating to this Agreement (“Disputes”) shall be settled exclusively in New York, New York (unless otherwise agreed by ORCID) and you agree to submit to such jurisdiction.

Except as set forth herein, all Disputes shall be resolved by through a desk arbitration administered by the American Arbitration Association in the case of domestic Disputes and the International Centre for Dispute Resolution of the American Arbitration Association in the case of international Disputes (either, the “AAA”) governed by its applicable rules, as modified by the following: (i) regardless of the amount in controversy, the matter shall be determined by one arbitrator familiar with the information technology sector based upon written submissions in English and one or more telephonic hearings in English (as determined by the arbitrator); (ii) the Parties shall submit documents pertaining to the arbitration consistent with AAA rules and as directed by the arbitrator; and (iii) the arbitrator shall render a final binding decision 14 days after the arbitrator declares the hearing closed. The decision of the arbitrator shall be final and binding on both parties, and may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing, ORCID shall be entitled, in anticipation of, but not in any way limiting, arbitration or waiving any other rights or remedies, to injunctive or other equitable relief before any court located in New York, New York, and you acknowledge that unauthorized use of the ORCID Registry, and/or security breaches could cause ORCID irreparable harm.

Please see Section 11 for specific information on disputes related to data integrity and identity, which shall be resolved pursuant to ORCID’s Dispute Procedures.

18. 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 Registry. Your continued use of the Registry 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 Registry 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.   See our Privacy Policy for specific terms governing modifications to that policy and collection and use of your personal data.

19. General

These Terms and Conditions of Use, 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 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, consistent with any limitations set forth in the Privacy Policy. You will comply with all applicable laws when using the Registry and Websites. We may take any actions necessary in order for us to comply with applicable laws.

20. Contacts

If you have any additional questions about our Terms and Conditions of Use, the Websites or Registry, please contact ORCID at ombud@orcid.org or by writing to Executive Director, ORCID Inc., 10411 Motor City Drive, Suite 750, Bethesda MD 20817, USA.