SIGPORT PARTICIPATION AGREEMENT
THIS PARTICIPATION AGREEMENT covers terms and conditions governing interactions with the Institute of Electrical and Electronics Engineers, Incorporated, a New York not-for-profit corporation, acting through the IEEE Technical Activities unit (“IEEE”) and its Signal Processing Society (“SPS”), and participants using an interactive platform called SigPort.
1. BACKGROUND
The Signal Processing Repository (SigPort) is an online repository of reports, theses, draft manuscripts and supporting materials. Created and supported by the IEEE Signal Processing Society (SPS), SigPort hosts technical material of interest to the broad signal processing community. It helps authors obtain early and wide exposure of their work through documents that are unsuitable for formal publication either because the work is very preliminary, or because of its form (e.g., a student project paper). At the author’s discretion, some of the preliminary work may be later refined and submitted to IEEE’s traditional journals and publication mechanisms.
SigPort’s user base is global, largely comprised of students and technical professionals with varying degrees of web expertise. Users include authors who wish to post materials, and readers who wish to browse and learn.
To offset the cost of producing, hosting, and maintaining the system, a modest one-time fee will be charged to authors who post documents, with the fees possibly based on the amount of resources consumed by the posted content. No fees will be charged to users for reading content.
It is expected that SigPort will increase valuable content available to the SPS Community, address authors’ needs to gain early visibility for their work, and create a natural progression into established IEEE publication mechanisms for a subset of the content.
SigPort is currently an experimental prototype system that can be modified and expanded as requirements firm and usage grows.
The IEEE is a non-profit organization. The Signal Processing Society is its oldest and fourth largest Society, with over 17,000 members worldwide. For more information about the Society, please visit http://www.signalprocessingsociety.org.
2. DEFINITIONS
2.1 READER
A Reader is a public user of the tool, capable of reading, downloading, browsing and searching content with or without Registration.
2.2 REGISTRANT
A Registrant is a Reader who has elected to provide some identification information for tracking and security purposes. Each Registrant has a unique UserID which serves as their login to the system. The UserID is an IEEE Account (formerly called IEEE Web Account), established and maintained separately by IEEE. Any individual, regardless of IEEE membership, may obtain an IEEE Account. Login is optional for reading, but required for uploading of documents and making comments and endorsements. For purposes of this document, logged in Readers are termed Registrants. Only Registrants can upload documents to SigPort, and only Registrants can make Comments and Endorsements.
2.3 MEMBER
A Member is current member of good standing in the IEEE Signal Processing Society.
When logged in, a Member is a Registrant who may have privileges beyond other Registrants, such as being able to upload documents at a reduced cost. If not logged in, Members are not distinguished from other Readers.
2.4 DOCUMENT
Content uploaded to SigPort by author Registrants is generically referred as a Document. Documents have unique referenceable IDs, and they may be updated by their author Registrants. At initial SigPort launch, Documents will be in PDF format, but later may be in other formats.
2.5 AUTHOR
An Author is a Registrant who is uploading, or has uploaded, a Document to SigPort. There may be many authors or a single Document, but just one must be designated as the primary Author for purposes of uploading, billing, and management of the uploaded Document.
2.6 COMMENTS
To obtain feedback, Authors may optionally allow Comments on their documents to be made by Registrants through SigPort. Comments are strings of text that appear in a separate caption box associated with a Document. Initially, Comments are restricted to be visible to the Author only, but an option may exist in the future for Authors to make them visible to all readers.
2.7 ENDORSEMENTS
Registrants may indicate their support or disagreement with a Document by making an Endorsement: the equivalent of a simple “thumbs-up” or “thumbs-down.” Endorsements are visible to all Readers as well as Authors.
2.8 CONTRIBUTIONS
Documents, Comments and Endorsements are all considered Contributions to SigPort, for purposes of this agreement.
2.9 PARTICIPATION
Any usage of the SigPort system, including searching, browsing, reading, uploading, commenting and endorsing, is considered Participation in the SigPort system and is subject to the rules of this agreement. Anyone who participates is considered a Participant, including Readers and Registrants.
3. TERMS OF AGREEMENT
3.1 DURATION OF AGREEMENT
This Agreement shall apply only to usage of the SigPort tool and shall expire whenever the tool is closed by the IEEE Signal Processing Society. Although SigPort is intended to be a long-lived tool, its duration is not guaranteed. At closure, content will no longer be available.
3.2 LIMITATIONS OF AGREEMENT
The SigPort tool and associated services are provided on an "AS IS" and “AS AVAILABLE” basis. IEEE and the Signal Processing Society assume no responsibility for the timeliness, deletion, misdelivery or failure to store any Contribution or any other information.
3.3 MODIFICATION OF AGREEMENT
IEEE and the Signal processing Society reserves the right and may, from time to time, update any of the Participation Terms without notice. If Participants do not agree with changes, they may terminate their participation as described in Paragraph 3.4.
3.4 TERMINATION OF AGREEMENT BY PARTICIPANT
Without prejudice to any other rights they may have, any Participant choose to terminate their participation in SigPort, at any time. Notification of termination must be made in writing to IEEE/SPS. Any contributions to the project made before the termination date will remain subject to the Participation Terms in effect when the contributions were made. Authors giving notification of termination may specify that they want one or more of their Documents removed from SigPort, with any associated Comments and Endorsements.
3.5 TERMINATION OF AGREEMENT BY IEEE AND SPS
Without prejudice to any other rights they may have, IEEE and SPS may choose to terminate this Agreement without cause, at any time. Notification of termination will be posted prominently on the SigPort website. At closure, all content will no longer be available.
3.6 COMPENSATION FOR SIGPORT CLOSURE
SigPort is intended to be an ongoing system. However, since it is a new endeavor with a staged introduction, termination may occur due to various reasons, at various times. If SigPort is terminated during or immediately after the friendly user trial, already uploaded Documents will no longer be available. If SigPort is terminated after Authors have paid to upload a Document, SPS may exercise, at its discretion, one of two options:
Hosting will continue for such Documents for at least two years past their original upload date, through a limited SigPort system that allows no new uploaded Documents, or
A refund will be given to those Authors whose Documents have been hosted for loss than two years. Refunds will be in the form of credits for other SPS products, based on the actual price paid for the Document upload by the Author, and prorated by the duration that the Document has been in SigPort. Documents recently uploaded will earn a larger prorate than those uploaded much earlier.
3.7 VIOLATION OF AGREEMENT
A Participant who believes that a breach of Agreement has been made, must notify IEEE/SPS of all details and make a good faith effort to assist in further investigation of the claim. IEEE/SPS will investigate and pursue correction or relief. Nothing in this provision shall prevent a Participant from seeking immediate injunctive relief for a violation of Intellectual Property rights, trade secrets or proprietary Confidential Information.
4. IDENTIFICATION INFORMATION
4.1 PERSONAL INFORMATION
When using SigPort, participants agree to provide true, accurate, current and complete information. Participants also agree to maintain and promptly update any information previously provided to keep it true, accurate, current and complete. If any information provided is untrue, inaccurate, not current or incomplete, IEEE/SPS has the right, but not the obligation, to remove the information, suspend or terminate usage, and to refuse any future access. IEEE/SPS agrees not to sell, or give away, any personally identifiable information provided during SigPort usage.
4.2 ANONYMITY
Any Contribution may be traced back to its originating Participant, identified by their IEEE Account. There is no anonymity for Documents, Comments and Endorsements. However, Readers who are not Registrants can anonymously browse, search, and download documents from the SigPort website.
4.3 MINORS
Participation by legal Minors is not encouraged, but it may happen due to the open nature of SigPort. In such cases, the Minor’s legally responsible parents or other authorities will be held to the terms of the Agreement.
5. PARTICIPATION RULES
5.1 OPEN CONTRIBUTIONS
A key tenet of the SigPort project is that all Documents are visible to anyone browsing the site, as are Endorsements of them. Initially, Comments are restricted to be visible to the Author only, but a future Author option may make them visible to all readers. Participants agree to make all contributions in good faith and with accuracy, to the best of their ability. Participants agree to not knowingly provide false or misleading information.
5.2 CONFIDENTIALITY
Confidentiality of Contributions is not provided. Registrant information is associated with every upload and comment post.
5.3 COPYRIGHTS
To avoid possible violation of copyright laws, copyrighted Documents should not be uploaded to SigPort. However, if an Author does upload a Document that has been, or will be copyrighted, the Author attests that they are in conformance with any and all restrictions are placed on them by the copyright holder. For example, if an uploaded Document is later copyrighted, the copyright holder may insist upon Document removal from SigPort, or allow it to remain with a clear notice and link to the copyrighted version. Fulfilling those requirements is the sole responsibility of the Author and cannot be monitored or enforced by SigPort.
5.4 INTELLECTUAL PROPERTY RIGHTS, TRADE SECRETS, PROPRIETARY CONFIDENTIAL INFORMATION
Posting on SigPort does not change ownership of any Intellectual Property Rights. Participants attest that uploaded documents and comments are free of trade secrets and proprietary confidential information owned by others.
5.5 EMPLOYMENT, NON-DISCLOSURE AND OTHER PRECEDING AGREEMENTS
Some Participants may be legally bound by Employment agreements, Non-disclosure agreements or other restrictions already in place between the Participant and their employer or institution. It is the responsibility of the Participant to ensure that their acceptance of this Participation Agreement does not conflict with any other agreement they may have.
5.6 ORIGINATION RESPONSIBILITY
Participants understand that all Contributions are the sole responsibility of the person from which such Contribution originated. IEEE/SPS are not responsible for Contributions which are offensive, indecent, objectionable, erroneous, or incomplete, and are not responsible for any loss or damage incurred as a result of anyone using any Contributions made by Participants. Participants are entirely responsible for the content and language of their Contributions and agree to not:
Upload, post, email, transmit or otherwise make available any Contribution that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contribution;
Upload, post, email, transmit or otherwise make available any Contribution that they did not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information;
Upload, post, email, transmit or otherwise make available any Contribution that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another; and,
Collect or store personal data about other users.
5.6 CONTRIBUTION SCREENING
IEEE/SPS does not pre-screen Contributions, but IEEE/SPS and its designees shall have the right (but not the obligation) in their sole discretion to refuse, block access to, or remove any Contribution that is made. Without limiting the foregoing, IEEE/SPS and its designees shall have the right to delete any Contributions that violates the policies of this document or is otherwise objectionable.
5.7 CONTRIBUTION RETENTION
IEEE/SPS may preserve Contributions and may also disclose Contributions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce Sponsoring Parties policy; (c) respond to claims that any Contribution violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the users and the public.
5.8 INTERNATIONAL CONSIDERATIONS
Participants may be located anywhere in the world. Recognizing that the Internet is global in nature, Participants agree and have the sole responsibility to comply with all local rules regarding acceptable Contributions and appropriate online conduct. Further, Participants specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which they reside.
5.9 TERMINATION OF USE
IEEE/SPS may, in their sole discretion, terminate a Participant’s use and remove and discard their Contributions for any reason, without limitation, if IEEE/SPS believes that a Participant has violated or acted inconsistently with this Participation Agreement.
5.10 SYSTEM AVAILABILITY
SigPort runs on a commercial web platform. Although 24 hours a day, seven days a week access is expected, IEEE/SPS cannot be held accountable for system outages. Similarly, to keep operational costs and thus Author fees at a minimum, only modest and limited operational support will be provided by SigPort staff. Every effort will be made, but cannot be guaranteed, to address user inquiries within 24 hours.
6. DISCOUNTS AND FREE USE
Authors, especially Members, may receive an option for a limited number of discounted or free uploads. If required, any reporting of the monetary value of a discounted or free upload to an Author’s employer, or taxing authorities, is the sole responsibility of the Author exercising the option.
7. INDEMNITY
Participants agree to indemnify, defend and hold harmless IEEE/SPS from and against any and all claims, demands, liabilities, settlements, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of, or in any way connected with, (a) any default, breach or negligent non-performance of this Agreement or any willful or negligent act or omission on the part of IEEE/SPS, its agents and employees arising out of this agreement; and (b) any claim of intellectual property infringement.
8. GENERAL TERMS AND CONDITIONS
8.1 APPLICABLE LAW AND FORUM
All issues and questions concerning the construction, validity, interpretation and enforceability of this Participation Agreement, or the rights and obligations of the parties, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey. Any and all disputes, claims, and causes of action arising out of or in connection with SigPort shall be resolved individually, without resorting to any form of class action, pursuant to arbitration conducted under the commercial arbitration rules of the American Arbitration Association then in effect.
8.2 LIMITATION OF CLAIMS
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with uploading a document, but in no event attorneys' fees; entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
8.3 SEVERABILITY
If any provisions or portions of this Agreement are invalid under any applicable statue or rule of law, they are to that extent to be deemed omitted from this Agreement and replaced by provisions or portions thereof which are as close to the original provisions as possible while being legally permissible. The other provisions or portions(s) of provisions of this Agreement shall remain enforceable and unaffected.
8.4 HEADINGS
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.