Terms and Conditions
These Terms of Service apply to those who use or publish content in the DR POWER Digital Repository or obtain and reuse content from the DR POWER Digital Repository. These terms apply with equal force to those using the web interface or an application programming interface to the DR POWER Digital Repository.
By submitting content to or using content from the DR POWER Digital Repository, submitters and users enter into a binding agreement to accept the Terms of Service described herein. If you do not agree to these Terms of Service, please refrain from using content from or submitting content to the Repository.
Guiding these Terms of Service are DR POWER’s aims to:
• enhance the scholarly record by making data freely available and reusable for research and education;
• enable repository content to be widely indexed and discoverable;
• assign and provide Digital Object Identifiers (DOIs) to repository content;
• track the usage of content, and promote data reuse as a metric of scholarly credit;
• make data both accessible today and preserved for accessibility in the future;
• respect and protect the privacy of its users; and
• generally, meet the needs of its stakeholders for a trustworthy repository.
Please address questions or comments regarding these Terms of Service to firstname.lastname@example.org.
The following definitions shall apply to terms used herein:
• Accept: a conclusion by DR POWER (in accordance with the Content criteria in Section 2.1 and following curation as described in Section 3.1) that a Submitted Data Package can be Published.
• Content: data and other material (e.g., software code, README files, multimedia, etc.).
• Open Data License: License definitions and additional information can be found at opendefinition.org
• Data Package: the Content files associated with one data set plus the metadata describing each file and the combined set of files.
• Document: a research article in a scholarly journal, or other scholarly publication such as, but not limited to, a book, chapter, conference proceedings, monograph or dissertation.
• DR POWER: the joint effort to establish this website by the National Rural Electric Cooperative Association (NRECA) and the Pacific Northwest National Laboratory (PNNL) operated by Battelle for the U.S. Department of Energy.
• DR POWER Digital Repository or Repository: the repository operated by DR POWER, including the software, interfaces, and contents.
• Publish/Publication: to deposit/depositing Content in the Repository for distribution to the public under an Open Data License.
• Review Workflow: the process whereby Content is made available to DR POWER Curators, who shall review the Content with others and request changes to the Content, prior to Acceptance.
• Submission Integration: the process whereby a Submission to DR POWER is coordinated with the manuscript processing system of a scholarly journal. There is no charge for a journal to set up Submission Integration.
• Submit/Submission: to deposit/depositing Content in the Repository.
• Submitter: the individual who Publishes Content in the Repository. It is anticipated that, in the majority of cases, the Submitter will be an author of the associated Document or a researcher collaborating with the author(s).
• User: someone who views, downloads, or otherwise reuses Content from the Repository.
• Version/Versioning: updates to Data Packages after Publication to correct errors in the Published files or to provide additional data supporting the findings in the associated Document.
2.1 User Permitted and Prohibited Uses
All Users may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
Users may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
Users may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
Users are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Users are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
Users also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. DR POWER shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
DR POWER notes that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. DR POWER reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and DR POWER will fully cooperate with any authorities investigating violations of these laws.
2.2 User Discussion Lists and Forums
DR POWER may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. DR POWER, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DR POWER may edit or remove content on the Website at their discretion at any time.
- Publication Policies
3.1 Content Criteria
DR POWER only Accepts Content that meets the following criteria:
• Content must be associated with the electric power grid.
• Content may only be submitted by an individual who represents and warrants that s/he is the creator and owner of the Content or otherwise has sufficient rights to be able to make the Content available under an Open License.
• Content other than data may be Submitted to the Repository provided such Content is allowed by the Document publisher's policy.
• The Submitter represents and warrants that the Content is in compliance with the formatting and reporting guidelines of the Document's publisher.
• Most Data Packages in the DR POWER Repository are associated with peer-reviewed Documents, although data associated with non-peer reviewed Documents from scholarly sources are also accepted.
• The primary language of the Content must be English. DR POWER curators cannot effectively review or curate submissions in other languages at this time.
3.2 Expressions of Concern, Retraction and Removal of Data Files
Those who wish to see Content in the repository removed, either for copyright infringement, because of privacy concerns, personally identifiable information (PII), Critical Energy Infrastructure Information (CEII), or for other legitimate cause, should contact email@example.com providing the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, DR POWER reserves the right to temporarily or permanently remove any Content at any time if DR POWER determines in its sole discretion that the Content is inappropriate (containing personally identifiable, sensitive, infringing or otherwise illegal material, or DR POWER is advised by legal counsel that inclusion of such Content presents a potential risk to DR POWER); provided, however, DR POWER shall not be responsible for screening Content prior to or after its Publication for such issues.
In addition, if any Content is removed that contains a Document Object Identifier (DOI), DR POWER will update the dataset landing page indicating the legal reason why the content has been removed from the public.
3.3 Critical Electric Infrastructure Information (CEII)
Users and Submitters are expressly prohibited to disclose any Critical Electric Infrastructure Information (CEII) as defined in 18 C.F.R. § 388.113(c)(1) on the Website; as well as “Critical Electric Infrastructure Information” and “Defense Critical Electric Infrastructure” as defined in Sec. 215A(a)(3) of the Federal Power Act (16 U.S.C 824 et seq.) as amended by Division F, Section 61003 of the Fixing America’s Surface Transportation Act or the “FAST Act”, 2015, Pub. L., No. 114-94 and as further defined, designated or identified in any regulations or orders promulgated thereunder.
Generally, but not wholly, the term “CEII” means “specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure that:
(i) Relates details about the production, generation, transportation, transmission, or distribution of energy;
(ii) Could be useful to a person in planning an attack on critical infrastructure;
(iii) Is exempt from mandatory disclosure under the Freedom of Information Act,5 U.S.C. Part 552; and
(iv) Does not simply give the general location of the critical infrastructure.”
- DR POWER Obligations, Representations and Warranties to Users and Submitters
DR POWER curation personnel will provide Submitter support and will review and curate Content prior to and following Publication as follows:
1. Confirm that files can be opened, are not corrupted, and do not contain viruses which can be discovered through commercially reasonable efforts;
2. Confirm that files contain information associated with the electric power grid;
3. Confirm that metadata for the Document is technically correct;
4. Confirm administrative metadata for the Document is technically correct;
5. Confirm that files are correctly versioned during the Review Workflow where applicable, and review updates to files and metadata Submitted either before or after Publication;
6. Confirm that the Submission is covered by the Open License;
7. Register Digital Object Identifiers (DOIs) for the Content;
8. Resolve issues that come to the attention of curators after Publication including, but not limited to take-down requests and retraction notices.
DR POWER may, but is under no obligation to:
1. Review Content for personally identifiable or otherwise sensitive or inappropriate information;
2. Review Content for Critical Energy Infrastructure Information or otherwise sensitive or inappropriate information;
3. Review Content for copyright and license statements that are potentially incompatible with an Open License;
4. Review Content for compliance with file format and minimum reporting guidelines and alert Submitters or publishers when non-compliance is discovered.
DR POWER will not:
1. Check the scientific validity, veracity, accuracy or completeness of the Content;
2. Modify Content without the consent of the Submitter via the Curation process, except as a by-product of format migration for preservation and accessibility.
4.2 Content Distribution
• DR POWER will make Accepted Content available to the public under an Open Data License and communicate scholarly norms for data reuse to Submitters and Users including, but not limited to, guidelines for data citation. However, DR POWER shall NOT be responsible for enforcing scholarly norms.
• DR POWER shall make commercially reasonable efforts to maintain the continual availability of the Repository at egriddata.org (subject to reasonable downtime for maintenance), and provide advance notice, when possible, of any material changes or discontinuities. However, DR POWER shall NOT be responsible for the consequences of any downtime, disruptions or discontinuity of the Repository, Website or application programming interfaces.
• DR POWER is NOT responsible for the uses of Published Data Packages made by third parties, including those who view and download Data Packages through the Repository.
DR POWER aims to maintain the integrity, availability and reusability of its Content over the long term. Note that it remains the responsibility of Submitters to provide sufficient metadata and background information in order to facilitate Users' understanding of the data.
This policy is informed by the Open Archival Information System (OAIS) reference model (ISO 14721:2012) (http://www.iso.org/iso/catalogue_detail.htm?csnumber=57284) which defines "long term" to be a period of time long enough for there to be concern about the impacts of changing technologies, including support for new media and data formats, and of a changing user community.
4.3.1 Preferred formats and format support levels
While DR POWER Accepts all data types and formats within reason, some formats are preferred. Curators may contact Submitters to request a file in an alternate format, and/or DR POWER may save additional versions of files that have been transformed to preferred formats. Non-proprietary, openly documented formats are preferred if the format does not compromise reuse potential. DR POWER recognizes that some formats may be preferred for reusability even if not ideal for preservation.
Preferred file formats:
• Text: plain text (ASCII, UTF-8), Open Office formats
o Comma-separated (or otherwise delimited) values for tabular data
o Semi-structured plain text formats for non-tabular data (e.g., those used for nucleotide/protein sequences, alignments and phylogenies).
o XML and JSON for structured data
o Many community standard data exchange formats are listed in the BioSharing catalogue (http://biosharing.org).
• Images: PDF/A, JPEG/JPEG2000, PNG, TIFF, SVG/
• Audio: FLAC, AIFF, WAVE
• Video: AVI, M-JPEG2000
• Compressed/archived formats: GZIP/TAR, ZIP
o Files may be compressed and/or archived when necessary due to large file size, a large number of files (more than 10), or the need to gather files together in a particular directory structure in order for them to be understood.
• README files: should ideally be in plain text format.
Format support levels:
1. Full support: DR POWER will make a best effort to ensure the properties and behaviors into the future of Content submitted in a preferred format or other common format as enumerated below, including future format migration.
o Text: TXT (ASCII, UTF-8), PDF/A, RTF, CSV/TSV/TAB
o Office: Open Office (ODS, ODP, ODT), Microsoft Office (DOC, DOCX, XLS, XLSX, PPT, PPTX)
o Markup: HTML/XHTML, XML, Nexus formats (NEX, NEXML)
o Image: PDF/A, JPEG/JPEG2000, PNG, GIF, TIFF, SVG (no Java)
o Audio: FLAC, AIFF, WAV, MP3
o Video: AVI, M-JPEG2000, MP4
2. Limited support: For uncommon formats for which we are less confident there will be robust conversion tools, DR POWER will make some effort to ensure the future readability and functionality, but there may be some loss. Examples would include PDF files that are not compliant with the requirements of PDF/A.
3. As-is bitstream access: For binary files from proprietary instrumentation and software and other exotic formats, DR POWER preserves the bitstream as-is and makes no commitment to format transformation or future usability.
4.3.2 Procedures for preservation
DR POWER aims to preserve the curated Content indefinitely. Steps to ensure long-term availability include:
• Persistent identification in the form of DOIs.
• Replication of data and metadata.
• Periodic verification that stored content remains uncorrupted. Upon ingest, an MD5 checksum is calculated and recorded for each submitted data file. Integrity checks are run nightly.
• If data objects are found to be corrupted, affected data will be restored from known-good copies as appropriate.
• To prevent data loss, multiple copies of content are kept at different sites.
• Prior to release, files are manually inspected by a DR POWER curator. Any issues that affect preservation (i.e., file corruption, etc.) are addressed before release.
• Ingest, curation, and publication actions are documented by provenance metadata.
• To the greatest extent possible, personnel create documentation to reflect their activities. We strive to ensure that more than one employee can perform each critical function of the repository.
Full backup copies of Repository Contents are stored in multiple secure facilities offsite. All Contents in DR POWER are incrementally backed up daily. Full backups are made every month. Repository systems are password protected. The server rooms are locked, with access restricted to key staff members, and patrolled by campus security. The server rooms are equipped with fire prevention and protection system, physical intruder detection systems and environmental control systems.
DR POWER Data Packages may be Versioned in order to correct errors in the archived files or to provide additional data associated with the analysis reported in the associated Document.
• DR POWER shall include updated files in the Repository while retaining and allowing access to the original files and all prior Published Versions.
• Each file will be given a unique identifier (DOI) and the metadata of the Data Package will be updated to include information about the order of the Versions.
• The Data Package DOI and DR POWER search results point to the most recent Version of a data package, which displays a history that allows users to navigate to earlier Versions.
• Older Versions of the Data Package also display the Version history and a prominent warning message that this is not the current Version.
• The Version history includes a brief statement of the reason for Versioning and timestamps of Versioning events.
• New Versions may be initiated by a DR POWER curator at the author's request.
• New Versions will be preserved following the preservation procedures outlined in section 3.3.2.
• Versioning is not intended to support frequent updates to ongoing data sets or to extend the Data Package beyond the scope of its associated Document.
• Technical sustainability: DR POWER’s software is built upon DKAN, an open-source Drupal data platform for managing digital collections. DKAN (http://getdkan.com). All DR POWER-specific modifications of DKAN are available on GitHub (https://github.com/pnnl/drp/drpower-repo) with an open-source license. This ensures that other parties may inspect the code, propose updates, submit corrections, and even maintain the codebase should that become necessary.
• Content accessibility: Through registration of DOIs for Data Packages and files, DR POWER shows its commitment to online preservation of its Content for many years to come. Registration also allows identifiers to be seamlessly redirected in the event of URL changes. DR POWER is created and maintained by Pacific Northwest National Laboratory (PNNL) which ensures that all DR POWER’s data will be available through PNNL if the DR POWER project ever dissolves.
• Institutional and financial sustainability: DR POWER’s governance and business model are designed to provide for long-term organizational stability and viability.
- Submitter Obligations, Representations and Warranties to DR POWER
• By Submitting Content to the Repository, Submitter grants DR POWER irrevocable permission to make the Data Package available to the public under an Open Data License.
• The Submitter agrees that Content may be Published to the public.
• Submitter further grants DR POWER permission to (i) promote and advertise the availability of the Data Package; (ii) re-format or otherwise transform the Data Package in any way to ensure its accessibility and preservability; (iii) modify and incorporate metadata or other documentation in the Content; and (iv) take any steps DR POWER deems necessary in its sole discretion to remove inappropriate Content; provided however, DR POWER shall have no responsibility to screen or remove inappropriate Content from Submissions.
• Submitters may, at their discretion, update metadata for Published Data Packages and submit new and/or updated files to a Published Data Package. Any updates to Published Data Packages will undergo curation before updates are Published to the public.
5.2 Representations and Warranties
• Submitter represents and warrants that s/he is an author of the Submitted Content or has been granted authority by the authors to Submit and Publish Content in the Repository.
• Submitter represents and warrants that the Publication of the Content does not infringe on the intellectual property or privacy rights of any person or entity (including co-authors or co- creators), and that distribution of the Content under an Open Data License complies with all relevant laws and publisher, funder, and employer guidelines and/or contractual restrictions.
• Submitter represents and warrants that the Content does not contain any information (i) which identifies, or which can be used in conjunction with other publicly available information to personally identify, any individual; or (ii) which is false or misleading.
6.1 Content Usage
• Repository users are allowed and encouraged to reuse Content from the Repository in any manner except as described herein under "Prohibited Uses Generally" (Section 5.2). To the extent possible under law, Submitters have waived all copyright and related or neighboring rights to this data.
• It is hoped and expected that Users will follow accepted scholarly norms for citing data and giving credit to fellow scholars.
• The desired format for links to the data packages is the fully resolvable DOI URL (e.g. "Data submitted to the DR POWER Digital Repository. http://dx.doi.org/10.5072/drp/1337655”)
6.2 Prohibited Uses Generally
• Users and Submitters may not use the Repository (i) in any unlawful manner; or (ii) in any manner that would impair DR POWER’s services to others or compromise the security or functionality of the Repository or DR POWER’s services generally.
• DR POWER is committed to building an international organization for Submitters and users from around the globe. However, if Submitter or user is prohibited under any U.S. laws or regulations from receiving U.S. origin services or software, User or Submitter (as the case may be) may not use the DR POWER Repository, DR POWER Website or DR POWER software.
6.3 Ownership and Use of Other Intellectual Property
DR POWER owns the service marks DR POWER, DR POWER Digital Repository, and the DR POWER logos appearing on the DR POWER Website.
Permitted Uses of DR POWER Intellectual Property:
• Submitters and Users are welcome to use screenshots, the DR POWER Digital Repository name, the DR POWER name and other DR POWER trademarks (such as the DR POWER logo) for informational purposes only.
• Content other than Data Packages on the DR POWER Website is available for reuse with attribution under an Open Data license.
Prohibited Uses of DR POWER’s Intellectual Property:
• Users and Submitters may not use trademarks associated with DR POWER (including, without limitation, the DR POWER logo) to imply an association or endorsement by DR POWER without prior written consent.
DR POWER respects the privacy of our Users and Submitters and works to protect all personally identifiable information we collect.
7.1 Information Automatically Collected and Stored via the Website
For planning and scientific review purposes, DR POWER will keep records of usage. DR POWER makes available to the public information about aggregate usage of Data Packages and individual files. Logs of usage may also be maintained for the purposes of monitoring and improving services, or measuring the impact of a DR POWER’s Terms of Service particular function on our resources. These logs will not be made available to any third parties or to the public. Usage of the DR POWER website indicates agreement to the use of a Google Analytics cookie.
DR POWER may automatically collect and store the following information not generally considered "personally identifiable" from Users or Submitters who access DR POWER Content directly or indirectly, including:
• The operating system of the computer used
• The version and type of Web browser used
• The IP address of the computer used to access our Web site
• The date and time of the visit
• The pages visited, including files downloaded, search terms used, and links followed
• The URL of the Web site the user came from
These data are kept for the purpose of maintaining and improving services on our site and are only reported publically in aggregated form. Unless it is specifically stated otherwise, no additional information about Users will be collected.
7.2 Personally Provided Information
Users who do not Submit Content to DR POWER are not asked to provide any personally identifying information.
A DR POWER account is required to Submit or update Content to the Repository, participate in forum discussions, or provide comment and/or feedback on Data Packages. A DR POWER account requires a name, email address and phone number. A password is also needed. Personally identifiable information is used by DR POWER to conduct and improve core services; including curation, authentication, and responding to customer help requests. We may contact account holders in order to verify/update the information in their accounts, to notify them of relevant changes in policies or services, and with information or questions directly related to their use of the Repository service.
If Users or Submitters choose to provide DR POWER with additional personally identifiable information through an e-mail message, form, survey, etc., DR POWER will maintain the information securely to the extent allowable by law and take every precaution to protect it. However, DR POWER will treat feedback on services and software provided by DR POWER, excluding personally identifiable information, as non-confidential unless the individual or organization providing the feedback states otherwise.
7.3 Security and Intrusion Detection
DR POWER implements and follows commercially reasonable electronic security measures to secure the systems through which information is collected or stored. Security protections, and all other elements of this policy, extend to data copies and backups implemented for business continuity.
For site security purposes, and to ensure that this service remains available to all Users, we employ software programs to monitor traffic and to identify unauthorized attempts to upload or change information or to otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.
7.4 Disclosure of Personally Identifiable Information
DR POWER will only disclose individually identifiable personal information about its users under the following restricted circumstances:
• It has been included within a Data Package by the Submitter;
• It is required for law enforcement or by statute, or to protect our or others' legal rights, property, or safety;
• Disclosure is required to resolve disputed submissions or otherwise carry out the obligations of our Terms of Services; and/or
• Disclosure to trusted third parties is required for them to assist us in operating our services, provided those parties agree to keep this information confidential.
7.5 Privacy Protection Limits
• Submitter responsibility: protecting privacy is a shared responsibility. Submitters should refrain from sharing passwords with third parties. If a Submitter's password has been compromised for any reason, Submitters should reset the password immediately or contact egriddata.org to request assistance.
• Referrals to external sites: DR POWER’s web services may link to Internet sites and services outside the administrative domain of DR POWER (for example, an announcement from ARPA-E). DR POWER does not govern the privacy practices of these external sites. Users and Submitters should read the privacy statements at these sites to determine their practices.
7.6 Privacy Concerns
If you are concerned about the accuracy of personally identifiable information maintained by DR POWER or wish to review, access, amend or correct this information, or would like your personally identifiable information removed from DR POWER’s records or otherwise deactivated, please contact us at firstname.lastname@example.org. We reserve the right to review requests on a case by case basis.
- General Provisions
DR POWER reserves the right to suspend use by any party (Submitter or User) if that party engages in, or is suspected of engaging in, Prohibited Activities or in any other way breaches any of the party's obligations, representations or warranties hereunder.
These Terms and Conditions of Use are effective until terminated by either party. If a User or Submitter no longer agree to be bound by these Terms and Conditions, the User or Submitter must cease use of the Website. If the User or Submitter are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, the User’s or Submitter’s sole legal remedy is to discontinue using the Website. DR POWER reserves the right to terminate or suspend a User or Submitter access to and use of the Website, or parts of the Website, without notice, if DR POWER believes, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where DR POWER has reason to believe that a User or Submitter are in violation of these Terms and Conditions of Use.
The Content in the Repository and DR POWER Website is made available to Submitters and Users on an "AS IS" basis. Except as set forth herein, and to the maximum extent permitted by law, DR POWER makes no representations or warranties, express or implied, including, without limitation, (i) implied warranties of accuracy, quality, performance, compatibility and/or fitness for a particular purpose, (ii) that any such Content, Data Package or other material is free from personally identifiable, sensitive, infringing or illegal data or material, and (iii) that any such Content not suffer loss, corruption or destruction. While DR POWER tries to ensure that the Repository, its Website and its software are safe from bugs, viruses, disruptions and delays, DR POWER does not represent or warrant that they will always be so.
8.3 Limitation and Release of Liability
To the fullest extent permitted by law, in no event shall DR POWER, its directors, officers, employees, agents, contractors, consultants, and assigns (the "DR POWER Parties") be liable for any special, indirect, and/or consequential damages incurred by Submitter or User in connection with the Repository, Content, Data Packages, the DR POWER Website, software or any other DR POWER services, even if such damages are foreseeable. Further, to the extent permitted by law, the parties agree that the maximum liability of the DR POWER Parties to any Submitter or User shall be $0.00 (nothing).
DR POWER is not responsible for the actions of other persons and entities, including without limitation, the Content submitted by Submitters and the use of such Content. Each Submitter and User (as the case may be) irrevocably releases and holds harmless the DR POWER Parties from any and all liability from claims, actions, losses, damages, costs, and/or expenses (collectively, "Claims") arising out of or related to any claim a Submitter or User may have against such other person or entity.
Each Submitter agrees to indemnify and hold harmless the DR POWER Parties against any Claims or threatened Claims (including, without limitation, reasonable attorneys' fees) arising out of or related to Content Submitted by the Submitter or a breach of the Prohibited Uses set forth in Section 7.2.
Each User agrees to indemnify and hold harmless the DR POWER Parties against any Claims or threatened Claims arising out of or related beach of the Prohibited Uses set forth in Section 7.2.
Any and all notices required or permitted by the Terms of Service shall be deemed delivered if delivered personally, transmitted by electronic facsimile/email or, if mailed by registered or certified mail or express mail, postage prepaid to (i) to Executive Director, in the case of DR POWER, or (ii) Submitter listed during the submission process, in the case of Submitters. Any party may from time to time change the name and address of the individual(s) to receive notice by written notice to the other party as set forth in this section.
8.6 Changes to Terms of Service
DR POWER reserves the right to alter services offered by DR POWER and/or these Terms of Service at any time in order to ensure their appropriateness to DR POWER’s mission. DR POWER will post any changes on the Website or a link therefrom and make reasonable efforts to communicate material changes to Submitters and Users; it is the responsibility of Submitters and Users to periodically check the Website for such changes.
8.7 Arbitration/Governing Law
These Terms of Service shall be interpreted under and governed by the laws of Washington (United States) excluding any laws that might direct the application of the laws of another jurisdiction. Each party waives 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. All disputes shall be settled in court or by mutually agreed arbitration in Washington, and each party consents to such jurisdiction. Each party shall be entitled, without waiving any other rights or remedies, to injunctive or other equitable relief.
8.8 General Miscellaneous Provisions
Each party shall comply with all applicable laws. DR POWER reserves the right to take any actions necessary in order to comply with applicable laws or court orders in any jurisdiction. These Terms of Service make up the entire agreement between DR POWER and Submitter or User, and supersede any prior written or oral agreements related to the subject matter hereof. If any term is unenforceable, it will not affect the other Terms of Service which shall remain in full force and effect. A waiver of any provision or breach shall not be deemed to be a waiver of any other provision or breach. These Terms of Service do not create any third party rights. Submitter/User (as the case may be) may not assign or otherwise transfer its rights hereunder without the prior written consent of DR POWER, and any transfer to the contrary shall be null and void. DR POWER reserves the right to transfer all of its rights and obligations under these Terms of Service, including ownership and/or operation of the DR POWER Repository to another nonprofit entity in the event of a merger, joint venture, dissolution, or other corporate restructuring.