NewTsandCs.html

<p><br />
<span class="c11">Terms and Conditions for Data Submission</span></p>
<p><span class="c2">Last Updated: 8/20/2026</span></p>
<p><span class="c2">These Terms and Conditions for Data Submission
(“Terms”) govern the submission of data, files, metadata, documentation,
software, images, results, and other materials (collectively, “Submitted
Data”) to the IHDH (“Portal”), which is operated by the Ma’ayan Lab at
the Icahn School of Medicine at Mount Sinai (“Portal Operator”) in
connection with research supported by the Steven &amp; Alexandra Cohen
Foundation (“Foundation”).</span></p>
<p><span class="c2">By submitting data to the Portal, the individual
submitting the data (“Submitter”) and, where applicable, the institution
or organization on whose behalf the Submitter is acting (“Submitting
Institution”) acknowledge and agree to these Terms.</span></p>
<h2 class="c5" id="h.za27b1q4iuou"><span class="c3">1. Authority to
Submit Data</span></h2>
<p><span class="c2">The Submitter represents and warrants
that:</span></p>
<ol type="1">
<li><span class="c2">the Submitter is authorized to submit the Submitted
Data to the Portal;</span></li>
<li><span class="c2">the Submitter and/or the Submitting Institution has
all rights, permissions, approvals, licenses, consents, and
authorizations necessary to submit, store, process, share, and
ultimately make the Submitted Data publicly available as described in
these Terms;</span></li>
<li><span class="c2">submission and subsequent public release of the
Submitted Data will not violate any applicable law, regulation,
contractual obligation, institutional policy, informed consent,
intellectual property right, privacy right, confidentiality obligation,
or other restriction; and</span></li>
<li><span class="c2">where institutional, regulatory, ethics, or other
oversight approval is required, including approval from an Institutional
Review Board (“IRB”) or equivalent body, all such approvals have been
obtained and permit the contemplated submission and sharing of the
data.</span></li>
</ol>
<p><span class="c2">The Portal Operator is entitled to rely on these
representations and is not responsible for independently determining
whether the Submitter has obtained the rights or approvals necessary to
submit or publicly share the Submitted Data.</span></p>
<h2 class="c5" id="h.iwryhg98r32o"><span class="c3">2. Accuracy and
Responsibility for Submitted Data</span></h2>
<p><span class="c2">The Submitter and Submitting Institution are solely
responsible for the content, quality, completeness, accuracy, validity,
integrity, legality, and appropriateness of all Submitted
Data.</span></p>
<p><span class="c2">The Portal Operator and the Foundation do not
independently verify the scientific accuracy, completeness, legal
status, regulatory compliance, provenance, or suitability of Submitted
Data.</span></p>
<p><span class="c2">The Submitter is responsible for correcting any
errors or omissions identified in the Submitted Data and for promptly
notifying the Portal Operator if the Submitter becomes aware of any
legal, ethical, privacy, confidentiality, consent, intellectual
property, or other issue affecting data that has been
submitted.</span></p>
<h2 class="c5" id="h.4brdb875cn9l"><span class="c3">3. Prohibition on
Protected Health Information and Identifiable Information</span></h2>
<p><span class="c2">Submitted Data must not contain Protected Health
Information (“PHI”) or other information that identifies, or could
reasonably be used to identify, an individual, unless the Portal
Operator has expressly authorized the submission in advance under a
separate written agreement.</span></p>
<p><span class="c2">Without prior written authorization, Submitters must
not upload PHI, direct identifiers, or other information whose
disclosure through the Portal would violate applicable privacy laws,
informed consent requirements, institutional policies, confidentiality
obligations, or other restrictions.</span></p>
<p><span class="c2">The Submitter is solely responsible for ensuring
that data have been appropriately de-identified before submission and
that the method of de-identification is appropriate for the data,
applicable law, research consent, and institutional
requirements.</span></p>
<p><span class="c2">The Portal Operator does not undertake or assume
responsibility for reviewing Submitted Data for PHI or other identifying
information before or after submission.</span></p>
<h3 class="c6" id="h.gkybcnfr83y4"><span class="c10">Data Containing PHI
or Requiring Controlled Access</span></h3>
<p><span class="c2">If a dataset contains PHI, identifiable
human-subject information, sensitive information requiring controlled
access, or information that cannot legally or ethically be made publicly
available, do not upload the dataset to the Portal through the standard
submission process.</span></p>
<p><span class="c2">Instead, contact the IHDH team before submission so
that the parties can determine whether an appropriate Data Use Agreement
(“DUA”), Data Transfer Agreement, Business Associate Agreement,
controlled-access arrangement, or other agreement and technical
safeguards can be established.</span></p>
<p><span class="c2">Submission of PHI without prior written
authorization does not create a DUA, Business Associate Agreement,
confidential relationship, or other obligation on the part of the Portal
Operator or Foundation to receive or maintain PHI.</span></p>
<p><span class="c2">If the Portal Operator becomes aware that Submitted
Data may contain PHI, identifiable information, or other improperly
submitted restricted information, the Portal Operator may, at its
discretion and without prior notice, restrict access to, quarantine,
remove, or delete the affected data and may notify the Submitter,
Submitting Institution, Foundation, or other appropriate
parties.</span></p>
<h2 class="c5" id="h.qpphvgb083rl"><span class="c3">4. Embargo Period
and Public Release</span></h2>
<p><span class="c2">Submitted Data may initially be subject to an
embargo period established or approved by the Foundation.</span></p>
<p><span class="c2">The length, start date, end date, and other
conditions of the embargo may be established by the Foundation based on
the applicable award, program, project, dataset, or other Foundation
policy.</span></p>
<p><span class="c2">Upon expiration of the applicable embargo period,
the Submitted Data may be made publicly accessible through the Portal
without further approval, notice, or action by the Submitter.</span></p>
<p><span class="c2">By submitting data to the Portal, the Submitter and
Submitting Institution expressly authorize the Portal Operator and
Foundation to make the Submitted Data publicly available upon expiration
of the applicable embargo period.</span></p>
<p><span class="c2">The Submitter is responsible for ensuring, before
submission, that public release following the embargo period is
permitted under all applicable laws, agreements, informed consents, IRB
or ethics approvals, institutional policies, intellectual property
rights, publication arrangements, and other restrictions.</span></p>
<p><span class="c2">The Portal Operator and Foundation are not
responsible for delaying public release because of publication plans,
patent applications, intellectual property considerations, consent
restrictions, confidentiality obligations, or other circumstances unless
an authorized representative of the Portal Operator or Foundation has
agreed to such a delay in writing.</span></p>
<p><span class="c2">The Foundation may modify the applicable embargo
period or release requirements in accordance with its policies or the
terms of the relevant grant or award.</span></p>
<h2 class="c5" id="h.j0jynnse8hwl"><span class="c3">5. Rights Granted
for Hosting and Distribution</span></h2>
<p><span class="c2">Except as otherwise provided in a separate written
agreement, ownership of Submitted Data remains with the Submitter,
Submitting Institution, or other applicable rights holder.</span></p>
<p><span class="c2">By submitting data, the Submitter and Submitting
Institution grant the Portal Operator and Foundation a non-exclusive,
worldwide, royalty-free right and license to host, store, copy,
reproduce, process, validate, index, organize, format, convert,
transmit, display, distribute, archive, preserve, and make the Submitted
Data available through the Portal for research, scientific, educational,
administrative, archival, and related purposes.</span></p>
<p><span class="c2">This license includes the right to create or modify
metadata, file formats, indexes, summaries, previews, database records,
or other technical representations reasonably necessary to operate,
maintain, preserve, search, and provide access to the Submitted
Data.</span></p>
<p><span class="c2">Public use of Submitted Data after release may also
be subject to any license or data-use terms displayed with the
applicable dataset.</span></p>
<h2 class="c5" id="h.bcqypvds2a2i"><span class="c3">6. Confidential or
Proprietary Information</span></h2>
<p><span class="c2">The Submitter must not submit confidential,
proprietary, trade-secret, export-controlled, classified, third-party
restricted, or otherwise legally restricted information unless the
Portal Operator has expressly agreed in writing to receive such
information.</span></p>
<p><span class="c2">Submission of information to the Portal does not
create an obligation of confidentiality unless such an obligation is
expressly established in a separate written agreement executed by an
authorized representative of the Portal Operator.</span></p>
<h2 class="c5" id="h.2bv2ho6h4p0e"><span class="c3">7. Compliance With
Laws, Regulations, and Research Requirements</span></h2>
<p><span class="c2">The Submitter and Submitting Institution are solely
responsible for compliance with all laws, regulations, policies,
contractual obligations, ethical requirements, research-participant
consent requirements, and institutional requirements applicable to the
Submitted Data.</span></p>
<p><span class="c2">This responsibility includes, as applicable,
requirements concerning privacy, confidentiality, human-subject
research, data protection, intellectual property, export controls,
security, and data sharing.</span></p>
<p><span class="c2">Acceptance of Submitted Data by the Portal does not
constitute a determination or representation by the Portal Operator or
Foundation that the submission or subsequent sharing of the data
complies with any particular legal, regulatory, ethical, contractual, or
institutional requirement.</span></p>
<h2 class="c5" id="h.r0yjt0nowqbf"><span class="c3">8. No Duty to Review
or Monitor</span></h2>
<p><span class="c2">The Portal Operator and Foundation have no
obligation to inspect, review, screen, validate, monitor, or approve
Submitted Data for accuracy, scientific validity, legality, privacy
compliance, PHI, intellectual property rights, informed consent
restrictions, or any other purpose.</span></p>
<p><span class="c2">Any review, automated validation, quality-control
process, or other examination performed by the Portal Operator does not
transfer responsibility for the Submitted Data from the Submitter or
Submitting Institution to the Portal Operator or Foundation.</span></p>
<h2 class="c5" id="h.jovmzqypx33z"><span class="c3">9. Right to Reject,
Remove, Modify Access to, or Preserve Data</span></h2>
<p><span class="c2">The Portal Operator and Foundation reserve the
right, but do not assume the obligation, to reject a submission or to
suspend, restrict, remove, quarantine, archive, or otherwise modify
access to Submitted Data at any time when they reasonably determine that
doing so is appropriate for legal, security, privacy, ethical,
scientific, technical, operational, or Foundation-policy
reasons.</span></p>
<p><span class="c2">The Portal Operator may also make reasonable
technical changes to Submitted Data or associated metadata as necessary
to facilitate storage, compatibility, indexing, preservation, display,
distribution, or operation of the Portal, provided such changes are not
intended to alter the scientific meaning of the Submitted
Data.</span></p>
<h2 class="c5" id="h.ica5arx6bf0f"><span class="c3">10. Data and Portal
Provided “As Is”</span></h2>
<p><span class="c2">The Portal, its services, and all Submitted Data
hosted or distributed through the Portal are provided “AS IS” and “AS
AVAILABLE.”</span></p>
<p><span class="c2">To the fullest extent permitted by applicable law,
the Portal Operator, Foundation, and their respective trustees,
directors, officers, employees, investigators, contractors, agents,
affiliates, and representatives disclaim all warranties, express or
implied, including warranties of accuracy, completeness, reliability,
availability, merchantability, fitness for a particular purpose, title,
non-infringement, and suitability for any research, clinical,
commercial, regulatory, or other use.</span></p>
<p><span class="c2">The Portal Operator and Foundation do not warrant
that the Portal will operate uninterrupted or error-free, that Submitted
Data will be preserved indefinitely, or that data made available through
the Portal are scientifically accurate or suitable for any particular
purpose.</span></p>
<h2 class="c5" id="h.jyfb3ty2o3wz"><span class="c3">11. Limitation of
Liability</span></h2>
<p><span class="c2">To the fullest extent permitted by applicable law,
the Portal Operator, Foundation, and their respective trustees,
directors, officers, employees, investigators, contractors, agents,
affiliates, and representatives shall not be liable for any direct,
indirect, incidental, special, consequential, exemplary, punitive, or
other damages arising out of or relating to:</span></p>
<ul>
<li><span class="c2">submission of data to the Portal;</span></li>
<li><span class="c2">errors, omissions, inaccuracies, or defects in
Submitted Data;</span></li>
<li><span class="c2">unauthorized or improper submission of
data;</span></li>
<li><span class="c2">public release of Submitted Data following an
applicable embargo period;</span></li>
<li><span class="c2">use, misuse, interpretation, or reliance upon
Submitted Data by any person;</span></li>
<li><span class="c2">loss, corruption, alteration, disclosure, or
unavailability of Submitted Data;</span></li>
<li><span class="c2">a Submitter’s failure to comply with applicable
law, consent, policy, contract, or these Terms; or</span></li>
<li><span class="c2">operation, interruption, modification, suspension,
or discontinuation of the Portal.</span></li>
</ul>
<p><span class="c2">This limitation applies regardless of the legal
theory asserted and, to the extent permitted by law, even if a party has
been advised of the possibility of such damages.</span></p>
<h2 class="c5" id="h.ahpte25kulkl"><span class="c3">12.
Indemnification</span></h2>
<p><span class="c2">To the extent permitted by applicable law and the
policies applicable to the Submitting Institution, the Submitter and/or
Submitting Institution agree to defend, indemnify, and hold harmless the
Portal Operator, Foundation, and their respective trustees, directors,
officers, employees, investigators, contractors, agents, affiliates, and
representatives from and against claims, liabilities, damages, losses,
penalties, judgments, costs, and expenses, including reasonable
attorneys’ fees, arising from or relating to:</span></p>
<ol type="1">
<li><span class="c2">the Submitted Data;</span></li>
<li><span class="c2">the Submitter’s submission or authorization of
public release of the Submitted Data;</span></li>
<li><span class="c2">an allegation that the Submitted Data violate
privacy, confidentiality, intellectual property, contractual, consent,
or other rights;</span></li>
<li><span class="c2">inclusion of PHI or other restricted information in
Submitted Data contrary to these Terms;</span></li>
<li><span class="c2">breach of these Terms or any representation or
warranty made by the Submitter; or</span></li>
<li><span class="c2">violation of applicable law, regulation,
institutional policy, informed consent, or contractual obligation by the
Submitter or Submitting Institution.</span></li>
</ol>
<h2 class="c5" id="h.ypar8lqo6rgh"><span class="c3">13. Security and
Data Preservation</span></h2>
<p><span class="c2">The Portal Operator may use reasonable
administrative, technical, and organizational measures in operating the
Portal but does not guarantee that Submitted Data will be immune from
loss, corruption, unauthorized access, security incidents, or other
events.</span></p>
<p><span class="c2">Submitters are responsible for maintaining
independent copies and appropriate backups of all Submitted Data. The
Portal must not be relied upon as the sole archival or backup copy of
research data.</span></p>
<h2 class="c5" id="h.4yhyxmdn8v9e"><span class="c3">14. Withdrawal or
Correction Requests</span></h2>
<p><span class="c2">A Submitter may request correction, replacement, or
withdrawal of Submitted Data by contacting the IHDH team.</span></p>
<p><span class="c2">A request does not guarantee that data will be
withdrawn from public access or completely deleted. Among other things,
the Portal Operator or Foundation may retain copies when necessary for
archival integrity, recordkeeping, legal compliance, reproducibility,
security, or other legitimate purposes.</span></p>
<p><span class="c2">Once Submitted Data has been made publicly
available, the Portal Operator and Foundation cannot control or require
deletion of copies that have already been downloaded, copied,
redistributed, cited, analyzed, or otherwise used by third
parties.</span></p>
<h2 class="c5" id="h.3khtz5g4571l"><span class="c3">15. No
Endorsement</span></h2>
<p><span class="c2">Hosting, accepting, displaying, distributing, or
making Submitted Data available through the Portal does not constitute
endorsement, certification, validation, or approval of the Submitted
Data, the research from which they originated, the Submitter, the
Submitting Institution, or any conclusions derived from the Submitted
Data by the Portal Operator or Foundation.</span></p>
<h2 class="c5" id="h.2yj67gpbreop"><span class="c3">16. Changes to These
Terms</span></h2>
<p><span class="c2">The Portal Operator may update these Terms from time
to time to address changes in the Portal, Foundation policies, legal
requirements, security practices, or data-sharing practices.</span></p>
<p><span class="c2">The version of these Terms accepted at the time of
submission will apply to that submission unless otherwise required by
law, the applicable Foundation award, or a subsequent written
agreement.</span></p>
<h2 class="c5" id="h.p8yibu2q2zso"><span class="c3">17. Conflicts With
Other Agreements</span></h2>
<p><span class="c2">If a separate written agreement executed by
authorized representatives of the applicable parties, including a DUA or
other data-transfer agreement, expressly conflicts with these Terms
regarding a particular dataset, the terms of that separate written
agreement will control with respect to the conflict.</span></p>
<p><span class="c2">Requirements imposed by the applicable Foundation
grant or award also remain applicable.</span></p>
<h2 class="c5" id="h.8mot7rbiddan"><span class="c3">18.
Severability</span></h2>
<p><span class="c2">If any provision of these Terms is determined to be
invalid or unenforceable, the remaining provisions will remain in effect
to the fullest extent permitted by law.</span></p>
<h2 class="c5" id="h.skuqqoiy814i"><span class="c3">19. Acknowledgment
and Acceptance</span></h2>
<p><span class="c2">By selecting “I Agree,” “Submit Data,” or a similar
acknowledgment and submitting data to the Portal, the Submitter confirms
that:</span></p>
<ul>
<li><span class="c2">the Submitter has read and agrees to these
Terms;</span></li>
<li><span class="c2">the Submitter is authorized to submit the Submitted
Data;</span></li>
<li><span class="c2">the Submitted Data do not contain PHI or other
prohibited identifiable information unless expressly authorized under a
separate written agreement;</span></li>
<li><span class="c2">all necessary permissions, consents, approvals, and
rights for submission and eventual public release have been
obtained;</span></li>
<li><span class="c2">the Submitter understands that the Submitted Data
may become publicly available after the Foundation-established embargo
period; and</span></li>
<li><span class="c2">the Submitter accepts responsibility for the
legality, accuracy, appropriateness, and compliance of the Submitted
Data.</span></li>
</ul>
<p><span class="c2">If you are uncertain whether your dataset contains
PHI, identifiable human-subject information, sensitive data, or
information that may require controlled access, do not submit the
dataset through the standard Portal submission process. Contact the IHDH
before uploading the data.</span></p>
<p><span class="c9"></span></p>
<p><span class="c9"><a
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