ODIN Terms and Conditions

General terms

These Terms and Conditions shall govern your use of this Application. By continuing to use the Application, you acknowledge and agree to be bound by these Terms and Conditions.

Variation of terms

The European Commission reserves the right to modify these Terms and Conditions at any time. Please regularly consult the MatDB website in order to consult the latest version. Your continued use of the Application after the modified Terms and Conditions have been posted on the MatDB website shall be considered as an acceptance of these modified Terms and Conditions.

Applicable law

By using this Application, you agree to ensure and guarantee the proper use of third party information and the respect of laws and regulations concerning the use of personal and confidential data, in line with applicable laws and regulations.

In case of any potential claim related to the use of the Application, regarding the data published by or the compliance of users (including account holders) with these Terms and Conditions, the Court of Justice of the European Union shall be competent to examine the case; in that respect, European Union law, complemented by Belgian law shall be applicable.

Severability

If any provision (or part of any provision) of these Terms and Conditions is, or becomes illegal, invalid or unenforceable in any respect, whether by law, a decision of any court or administrative body of competent jurisdiction or otherwise; (i) this will not affect or impair the legality, validity or enforceability of any other provision of this Agreement and (ii) such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable and/or it shall be replaced by a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the illegal, invalid or unenforceable provision but differing from the replaced provision as little as possible.

ODIN Portal Account

MatDB supports modules for entering, browsing and retrieving data.

You can freely navigate the contents which are available without registration and download such information. If you wish to access any other content, or to have the opportunity to enter and manage data, you must register and create an ODIN Portal Account.

You can manage your account through the account profile feature of the ODIN portal. You are responsible for all activities that occur under your account. Please know that by activating your account you agree to ensure and warrant the accuracy of the data associated with the account. If any inaccurate/obsolete data are discovered, the European Commission reserves the right to delete the concerned account.

Data Entry Module

If your organisation is a participant in a European Research & Development project, action, or network, you may request to use the Application to host your data. Data entry rights are granted on a case-by-case basis, subject to compliance with the ODIN Data Policy. The Application ensures regular backups of the data.

Account holders who submit content must be the owners or have the rights to use and publish the data and are fully responsible for the data submitted. By entering data in the Application, the account holder acknowledges and warrants that the data does not violate any applicable laws, policies or regulations, nor any third party rights (including privacy and/or data protection rights).

Account holders who submit data retain any intellectual property rights therein. By submitting data to this Application, the account holder grants the European Union an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, non-transferable licence to use, including in particular to reproduce the submitted data, communicate it to the public and to include it in the MatDB database.

Account holders may choose between allowing third parties access to the data by default (i.e. open access) and granting access to such data only on demand (i.e. restricted access).

Should open access be granted, the default licence offered by the system is the Creative Commons Attribution 4.0 (CC BY 4.0) license. This means that reuse is allowed, provided appropriate credit is given and changes are indicated. The account holder is solely responsible for the adequacy of the licence and compliance with all necessary clearances to publish the data.

The Commission cannot check or monitor the data submitted individually by account holders. The European Union can thus also not be held liable for the data submitted on the Application by account holders nor be responsible for the use thereof by third parties.

Account holders shall indemnify the European Commission against all claims, demands, actions, proceedings and all losses (including legal fees, damages and other expenses) that may be incurred as a result of a breach of the above warranties.

Data Retrieval Module

1. In regards to data available without registration

   Unless indicated otherwise, the data, databases and datasets available without registration hosted by/on the Application are licensed under the CC BY 4.0 licence:

   • where they are owned by the European Union, by virtue of the EU copyright notice, which provides that they are licensed under the Creative Commons Attribution 4.0. (CC BY 4.0) licence, in accordance with the Commission’s reuse policy, implemented by the Commission Decision of 12 December 2011 on the reuse of Commission documents. This means that reuse is allowed, provided appropriate credit is given and changes are indicated;

   • where they are owned by third parties.

2. In regards to data available only with registration, including restricted data

   Once you have an account, you can access and retrieve other data available only to registered users. By retrieving data from the Application, you agree to respect the copyright notice and/or permission attached to each of the individual datasets.

   The Application also hosts data of which the access is restricted. You may request access to such datasets by requesting permission to the concerned data submitter.

   Any responsibility for the (re)use of the data hosted by the Application lies with the users (including account holders). In no event shall the Commission be responsible for the (re)use of data by users of the Application, including where such use would infringe upon any applicable laws (in particular IP law) or third party rights.

Access revocation & data deletion

The European Commission reserves the right to:

• Suspend or revoke users' access to the Application at any time, without justification and/or prior notice, particularly when users do not comply or stop complying with the ODIN Data Policy (including the Screening Criteria set out therein).

  Terminate accounts and/or delete data submitted by account holders in case account holders fail to adhere to these Terms and Conditions. Prior to such deletion or removal, the ODIN moderator will inform the account holder of the non-compliance and will ask them to correct it accordingly. Other users are also welcome to flag data infringing third-party rights to the ODIN moderator, who shall act upon such requests as soon as reasonably possible.

Non-responsibility

The data appearing in the Application can include technical or typographical errors. The European Commission does not warrant that any of the materials in the Application are accurate, error-free, complete, or current, and cannot be held responsible for the validity or integrity of the data that you will view on the MatDB website and/or Application. Data may be corrected, changed, withdrawn or removed at any time.