Terms of Use

Principles

The following Terms of Service are intended to achieve three aims

  1. To ensure clarity over normal use of the API, and information derived from it (what you can use the data for)
  2. To retain attribution and provenance to the data sources (to preserve licenses and credit for the sources)
  3. To cover standard legal disclaimers and reserve our rights.

As this is the first release of the API, it is especially important to note that we reserve the right to modify the Terms of Use at any time.

Terms of Service

By using this Application Programming Interface (the "API"), you agree to follow and be bound by the following terms and conditions concerning your use of the API ("Terms of Use") and our Privacy Policy. We may modify or terminate our services from time to time, for any reason, and without notice. We reserve the right to modify the Terms of Use and Privacy Policy from time to time, for any reason, without notice. Please review the Terms of Use and Privacy Policy periodically so that you will be apprised of any changes

Mappings, triples, and other resources provided by the Open PHACTS Consortium may be used to query databases integrated by the Open PHACTS Consortium, or to other local databases provided that the end user has obtained the appropriate licenses required by the developers of the accessed materials.

Use of Web API Information

You may download, view, copy, distribute, make derivative works, and otherwise use documents and graphics incorporated in these mappings and related documents (the "Documents") from the API under the Creative Commons Attribution 3.0 Unported ("CC BY 3.0") license. The Open PHACTS Consortium reserves the right to move to more recent versions of the CC BY license as they become available. Attribution should be made to the Open PHACTS Consortium and to the original data source as indicated in the data provenance.

Use of Databases Integrated in Open PHACTS

In general, any database submitted to the Open PHACTS Consortium will be freely available for public querying via API and browser based query systems, but not for download in its entirety. Databases available under a copyright and/or database license compliant with the Open Knowledge Definition will be freely available for download and local use in Open PHACTS Consortium formats in a separate repository. The Open PHACTS Consortium may provide mappings and other tools for databases that carry commercial or proprietary restrictions, and those mappings will be provided, but users wishing to use these databases must be in possession of appropriate licenses. The ontologies provided by the Open PHACTS Consortium may be used without restriction provided that their origin is acknowledged and their content is not altered, or, if their content is altered, that they are not distributed under the same name.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) or user identification code you are given to access the API, and are fully responsible for all activities that occur under these identifiers. You agree to notify The Open PHACTS Consortium immediately of any unauthorized use of your identifiers The Open PHACTS Consortium is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

Termination of Use

You agree that The Open PHACTS Consortium may terminate or suspend your access to the API and any account(s) for Cause, wherein Cause shall mean (1) misconduct by the user of the Open PHACTS Consortium Web site, (2) material breach of any provision of the Terms of Use, if such breach is susceptible to cure, such breach is not cured within 10 days of notice to the user, and (3) fraud or any other illegal or wrongful conduct by the user. In the event of terminating a user account, the user will receive notice stating the reasons for the termination or suspension. Access to the API may be monitored by The Open PHACTS Consortium for research purposes as well as to enforce provisions of the Terms of Use.

Third Party Web Sites, Content, Products and Services

The API provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the API. You agree that The Open PHACTS Consortium is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that The Open PHACTS Consortium is not responsible for third party content accessible through the API, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that The Open PHACTS Consortium is not responsible for:

  1. The quality of third party products or services;
  2. Fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.

You agree that The Open PHACTS Consortium is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Notice/Takedown Procedure

The Open PHACTS Consortium processes and redistributes data and mappings from other parties and is committed to responding to notices of alleged infringement under applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by the Open PHACTS Consortium that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification.

Medical/Clinical Use Disclaimer

Materials on this API have not necessarily been reviewed or approved by relevant clinical authorities. All materials on this API are provided for informational and review purposes. It is not intended to and does not in any way substitute for professional medical advice.

The materials should not be relied upon for medical diagnosis or treatment, nor should you disregard the advice of your physical or other health care provider or delay seeking such advice due to anything you have read on or accessed through the API. The Open PHACTS Consortium assumes no responsibility for any injury and/or damage to person(s) or property as a matter of products and/or services liability, negligence or otherwise, or from any use or operation of any methods, products, service, instruction or ideas contained in the material provided by the API.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE API, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED BY THE API, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OPEN PHACTS CONSORTIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OPEN PHACTS CONSORTIUM MAKES NO WARRANTY THAT:

  1. THE API WILL MEET YOUR REQUIREMENTS;
  2. THE API WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS (though we will undertake best-efforts to ensure continual uptime and availability of its semantic content);
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE API WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE API IS DONE AT YOUR OWN DISCRETION AND RISK. THE OPEN PHACTS CONSORTIUM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. THE OPEN PHACTS CONSORTIUM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE API AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL THE OPEN PHACTS CONSORTIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING FROM YOUR ACCESS TO, OR USE OF, THE API. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless The Open PHACTS Consortium, its staff and associates, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the API.

Viruses, Hacking and Other Offenses

You must not misuse our API or web servers by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our API, the server on which our site is stored or any server, computer or database connected to our API. You must not attack our API via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the legislation in some countries. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our API or to your downloading of any material posted on it, or on any website linked to it.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The United Kingdom courts will have exclusive jurisdiction over any claim arising from, or related to, use of the API [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country].

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your Concerns

If you have any concerns about material which appears on our site, please contact info@openphactsfoundation.org.

Thank you for using our API.