These terms and conditions govern an
affiliate's use of the Dancer Wellness Project (DWP) website.
These terms are an extension of the
general terms and conditions
and all affiliates must agree to these terms.
Definitions
The following defintions apply to these terms and conditions:
- Affiliate - An organization or institution that participates with the DWP and/or
utilzes the DWP website. Examples of an affiliate include but are not limited to
universities, schools, dance companies, and medical clinics.
- Affiliate member - A individual associated with a particular affiliate. In
most cases, such an affilate member would be a particular dancer or
administrator of the affiliate.
- General User - An individual who is not considered an affilate member and could
be considered a general visitor to the website.
General Use
Most, if not all, affiliates of the DWP are either a dance-oriented organization,
associated with a dance-oriented organization, or otherwise support a
dance-oriented organization. Given the general conditions that such
dance-oriented affilates are financially limited, access to the DWP website is
provided at no or minimal cost. Ever effort is made to maintain this
cost-free or limited cost situation however, the DWP does reserve the right to
start charging for the use of the DWP at a future date.
In exchange for cost-free or limited cost access to this website, it is generally
understood and accepted that all affiliates will contribute, participate, and
otherwise promote the DWP and the DWP website. This can be accomplished in
a number of ways a few of which are outlined below:
- All affilates must promote the DWP and/or the DWP website where possible.
This includes citation that the DWP is used in an affiliate's offerings of
Dancer Wellness related services. For example, if promotional materials
are created that highlight screening, exposure, and/or injury management
services that utilize the DWP, then the DWP must be cited in such promotional
materials.
- The DWP website must be acknowledged in research literature where the data that
was used for the research project was supported or stored by the DWP. In
general, an affilate must acknowledge the DWP when the DWP has helped to advance
the affilates activies. Such citation must include the full name of the
project (Dancer Wellness Project) along with the website address
(http://www.DancerWellnessProject.com)
- Affiliates agree to contribute to research data sets where feasible. (See
below regarding data ownership.)
- Affiliates agree to contribute research findings, applications of research or
practice that would promote and enhance the DWP offerings.
- The size and scope of the DWP is extensive and the operations of such a project
and its corresponding website is a very large task. Affilaites agree to
assist with the maintenance and operations where possible. However, at no
time will a person or affiliate of the DWP who assists with the maintenance and
operations of the DWP be given access to data that would constitute a breach in
data control/ownership nor a breach in data privacy/confidentiality.
Additionally, even if an individual or affiliate assists in the maintenance
and/or operation of the DWP it does not constitute rights to intellectual
property of the DWP nor any contributed intellectutal property to the assisting
individual or affilate nor does this volunteering set forth a promise of future
entitlements or additional rights or obligations of the DWP or its affiliates.
Data Control and Ownership
Numerous universities and research organizations have authored extensive and
detailed policies regarding research data ownership. These kinds of
policies are critically important when they involve Protected Health Information
(PHI). A review of these
policies reveals that the prevaling position is that the ownership of research
data does not belong to any particular research or faculty member but rather to
the institution itself because these institutions are generally accountable for
such information and data. The National Institute of Health (NIH) policies on data sharing and ownership
support this position.
Screening, Exposure, Injury, Survey or any other dancer specified data provided by an
affilate or by a dancer who is a member of or otherwise associated with a
particular affiliate belongs to and is controlled by that affilate. The
DWP nor any other affilate owns or controls a partciluar affiliate's data.
An affilate is responsible for the data entry of all of their data and may
remove any of their data from the DWP.
In the case where the affiliate is the employer of dancers such as a dance performance organization, then the following criterion will pertain. Data collected in the workplace environment will be treated similiar to that as medical records and applicable laws that govern the access to such data will pertain. In these cases, the data will be governed by the health care company, practice, clinic or other pertinent entity and it is this entity that will maintain data control and governance. In the case where the employer maintains their own onsite health care team/practitioner, then the data will be controlled only by a qualified health care practitioner within that organization.
The DWP does support the sharing of de-identified research data across affiliates
but only under certain stringent Institutional Review Board (IRB) approved circumstances. If an
affiliate has configured and allowed for the sharing of individually consented
coded data and such data is subsequently downloaded by an other approved
affilate, then this data can not be recalled or retrieved from the receiving
affiliate. Careful attention must be taken when establishing data sharing
agreements.
Affiliates must represent and warrants that the affiliate and those providing
data to the affiliate have the right to transmit to the DWP and receive any
materials, data, or records from DWP, that are required to enable the DWP to
perform its operations. Except as set forth herein the terms and
agreements on the DWP or as specifically authorized by the affilate in writing,
the DWP will not disclose affiliate data to a third party.
The DWP will comply with all legal proceedings or
investigations that require the disclosure of affiliate data.
The DWP reserves the right to make press releases, public statements, or
include affilate references in financial, security disclosure documents, or
other marketing materials.
System Performance
Reasonable efforts are made to ensure data integrity including daily redundant
backups. However, as stated in the
general terms and conditions
no guarantees are provided or implied as to the condition of the website and/or any
data.
Administrative Controls
There are several levels of data access and each affilate is responsible for
maintaining intra-affilate data controls. Each affilate is responsible for
establishing the appropriate levels of data access for each affilate member.
Affiliates are solely responsible for any breaches in data security.
Intellectual Property and Governance
Except where explicited noted, the owner of the DWP website retains all
copyright, trademark, and other ownership aspects of the DWP website as well as
operational governance of the website. No affiliate, affiliate member, or
general user may claim jurisdiction, control, or governance of the DWP website
except where previously agreed upon and explicitly stated.
When an individual, affiliate, or other outside entity provides, contributes, or licenses an instrument, protocol,
intellectual property, or other aspect (component) to the DWP which is
copyrighted by the individual, affiliate, or outside entity or whose governance over the component is clearly
demonstrated, then that individual, affiliate, or outside entity may maintain control of that
component on the DWP. When incorporated into the DWP, copyright
or other applicatble notification to the individual, affiliate, or other outside
entity may be
included in the DWP. However, any and all components incorporated into the
DWP will be available to all affiliates and affiliate members unless otherwise
explicity agreed upon before incorporation. Given the spirit and mission
of the DWP, it is very rare not to have all aspects of the DWP available for all
affiliates and affilate members.
Contributions of suggestions and/or research, clinical, or dance knowledge by
affiliates, affiliate members, general users, or outside entities that advances, augments, or
otherwise enhances the programmatic logic central to the DWP will fall within
the definition of website programming and thusly will become under the copyright/governance
of the owner/operator of the DWP.
For example, if a new exercise is added that is deemed relevant
to a particular condition, the copyright/control of the exercise itself may
fall under the above paragraph however, the programming that connects the
condition to the new exercise will be considered programming and will be
copyrighted by the owner/operator.
Though collaboration and inter-affilate collaboration is promoted, the DWP
owner/operator maintains governance and final decision on website apperances,
integration of all aspects of the DWP website, and general operations.
Non-Compliance
It is at the sole discretion of the owner/operator of the DWP to ascertain,
determine, and/or judge wether an affilate is non-compliant with any terms and
conditions, non-compliant to reasonable requests for assistance or
contributions, or other action or positions taken by an affilate that would
compromise the DWP, compromise the security of any data, denegrate the DWP and
its mission, or appear to otherwise not support the spirit and mission of the
DWP. It is at the sole-discretion of the DWP owner/operator to discontinue,
remove, or deny access (permanently or temporarily) to the DWP for
an affiliate who is deemed to be non-compliant. In the case where an
affilate is deemed non-compliant and access is denied, the affilate will have
the right to remove all of its data from the DWP.
Discontinuance of Use
An affilate may discontinue its association and use of the DWP website. In
such a situation, the affilate must communicate in writing to the DWP the desire
to discontinue the use of the DWP and the cesation of association with the DWP.
Web access for all affilate members of the affiliate will be removed as well.
The affiliate may remove any and or all data from the DWP.
Updates to Terms and Conditions
These terms and conditions may be updated periodically without notifying
affilates. All affiliates agree to be bound to any and all updates to
these terms and conditions.
By using this website, you accept these terms
Last updated: August 26, 2013