General Terms of Use of University of Minho DataRepositóriUM

Acceptance of Terms

The following terms and conditions apply to all use of the University of Minho DataRepositóriUM (platform) and the services provided therein (the platform and services taken as a whole) by the user and any third parties using his/her account. Use of this offered service is subject to acceptance of and compliance with all terms and conditions contained herein (the General Terms of Use) and all other operating rules, policies, and procedures applicable to the Service. By clicking "I Accept" to use the Service, you agree and accept all the terms of this General Terms of Use document.

Modification of Terms

The University of Minho DataRepositóriUM reserves the exclusive right to modify or replace any of the terms of this Agreement at any time, without prior notice to Users. It is the User's responsibility to periodically check if the Agreement has been changed. Continued use of the Service after the posting of any changes to the Agreement constitutes acceptance of those changes.

Definitions

• Account: Um meio de acesso controlado pelo utilizador ao DataRepositóriUM da Universidade do Minho, protegido por um nome de utilizador e palavra-passe, criados pelo próprio, com a qual obtém acesso às funcionalidades de depósito / carregamento e transferência / descarregamento (download) no DataRepositóriUM.


• Administrator: Represents the "user" who has functions and permissions to create and control a dataverse, being the main responsible, curator and manager of it.


• Agreement General Terms of Use in its entirety.


• Author: The person(s) from whom the data, within the dataset, originates; the person(s) who conducted the research, leading to the creation of a dataset. This person may, but need not be the same as the Depositor.


• Content: Any information, data, text, software, scripts, graphics, and interactive resources found in the University of Minho's DataRepositóriUM.


• Curate: The actions that any user on the DataRepositóriUM may take as he or she organizes, shapes, or edits the state, condition, configuration, or content of any dataset(s) or dataverse(s).


• Data Use Agreement: This is the restricted data use license agreement option that the University of Minho's DataRepositóriUM offers. When applied to a User submission/deposit, the Data Use Agreement will be a legally binding license agreement between the Depositor and the person who wants to download the data.


• Data Use License Agreement: The license agreement between a Depositor and the person wishing to download the data, which sets out the limits and restrictions (or lack thereof) on how the datasets requested by the User may be used.


• DataRepositóriUM: The data repository as a whole, including all Services, Deposit Space, and other related functionalities, not including any Dataverse sites created from the DataRepositóriUM source code and managed by external, independent parties not affiliated with DataRepositóriUM


• Dataset: A study, experiment, set of observations, or publication that is uploaded by a User. A dataset can comprise a single file or multiple files.


• Dataverse: A virtual container with which to store research data studies (including datasets and other dataverses) that can be customized and managed by its owner.


• Depositor: The User who uploads a collection of data files as a dataset to a dataverse in the DataRepositóriUM.


• Download Data: Information collected whenever a dataset is downloaded including, dataset ID, DOI, date and time, and IP of origin.


• GDPR: General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016


• Guestbook: Identification information as a temporary guest for access to a dataset record.


• Metadata: Information accompanying the dataset (either in a separate file or otherwise included in the dataset materials), about a specific dataset or dataverse, integrating data about: Author's name, publication date, title of the data content, description of the content, and other related information.


• Publish: A function available to Users who make deposits, whereby Users can make their dataverse and/or dataset, containing data files, publicly available and searchable either on the DataRepositóriUM search engine, but also on third-party search engines (e.g. Google or Bing).


• Registration Information: Information required to register for an Account, including but not limited to name, email, institution, position.


• Restricted User Submissions: Any deposit/upload by a user that is published with the DataRepositóriUM Data Use Agreement or with a customized data use license agreement that the Depositor prepares and/or indicates for submission.


• Service: the DataRepositóriUM platform and all available services, functionalities and resources.


• Site: the platform and server of the DataRepositóriUM of the University of Minho.


• Spamming: Any unauthorized or unsolicited advertising, unsolicited or bulk email, messages, comments or other communications directly or indirectly arising from the use of the DataRepositóriUM platform, including but not limited to comments posted on the Author's dataset page(s) or other communications sent to User's email addresses, accounts or other means of contact.


• Sufficient length of time: Period of time required by any pre-existing legal contract, such as with the subjects involved in the research data, or with the institution that is funding or has funded the research project. If no such obligation exists, then the required duration shall be any reasonable period of time as designated by the administrators of DataRepositóriUM in their sole discretion.


• Unpublished Dataset: An uploaded dataset that has not yet been made available to the public and is viewable only to the Depositor or other users to whom the Depositor has granted access.


• Unrestricted User Submissions: Any User Submissions that are published with a default CC0 default public domain dedication waiver agreement.


• Uploads made by the User: Any content uploaded, submitted, disseminated, distributed or published by a User, including but not limited to new dataverses, new datasets, metadata information, custom data use license agreements, descriptive information for dataset download pages, user guides, and other contributions generated by the User or generated by a third party author who has given the User permission to disseminate on the DataRepositóriUM platform.


• Use of the Service: Any access, use, or other action involving the use of the features, services, resources, and dataset deposit on the DataRepositóriUM platform, and may include uploading, publishing, posting, storing, searching, transferring, distributing, or otherwise using any Content found on DataRepositóriUM.


• User: Any individual or entity that owns and/or controls an account registered with DataRepositóriUM.


• User Submissions: Uploaded dataverses and datasets.


• User uploads: Any content uploaded, submitted, disseminated, distributed, or published by a user, including but not limited to new dataverses, new datasets, metadata information, custom data usage license agreements, descriptive information for dataset download pages, user guides, and other contributions generated by the User or generated by a third-party author who has given the User permission to disseminate on the DataRepositórium platform.

General Rules of Conduct

By using the Service, you assume that:

1. You have read and understood the DataRepositóriUM Community Norms; and
2. You have read and understood the DataRepositóriUM Privacy Policy.

You must comply with all applicable institutional, national, and international laws and regulations applicable to your Use of DataRepositóriUM, and that you shall not:

1. Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
2. Committing acts that are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, or otherwise offensive or illegal;
3. Building spamming;
4. Causing, introducing into the Service software viruses or any other computer code, files or programs designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, which are intended to damage or gain unauthorized access to any system, data files or other information of DataRepositóriUM or third parties;
5. Impose an unreasonable or disproportionately large load on the capacity of the infrastructure of DataRepositóriUM (or its suppliers) (to be determined by DataRepositóriUM in its sole discretion);
6. Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the DataRepositóriUM; or
7. Bypass any measures that DataRepositóriUM may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to DataRepositóriUM).

Conduct Requirements

Whether you are registered as a User or using as a non-registered guest, you may download publicly available Content from DataRepositóriUM. In any event, for full use of the Service, you must be registered and identified on DataRepositóriUM. You must provide DataRepositóriUM with accurate and complete Registration information and regularly update such information in order to maintain data integrity and accuracy. Failure to do so may result in immediate closure of your Account. DataRepositóriUM reserves the exclusive right to refuse registration or to cancel an account.
You are solely responsible for the activity that occurs on your Account and are responsible for maintaining its confidentiality. You must not use another user's account. You must immediately notify DataRepositóriUM in writing of any unauthorized use of your account, or other breach of security of which you become aware. By having an account with DataRepositóriUM, you acknowledge that:

1. Account details, specifically first name, last name, email address and username) can be searched by other Users;
2. Account details can be saved when transferring / downloading datasets, and this information can later be viewed by the owner / uploader; and
3. Your first name, last name, and affiliation will be displayed on the Service listing you according to your upload activity to the system.

Uploads made by the user

Services

DataRepositóriUM gives you the possibility to publish user uploads and to display, organize, accept and disseminate them by creating a dataverse. DataRepositóriUM allows you to publish uploads to other dataverses managed by other users. The Service also gives you the possibility to share datasets and dataverses with other Users by searching by first name, last name, email address or username.
DataRepositóriUM gives each Administrator the ability to change access/transfer restrictions on datasets by assigning “Restricted User” permissions. The datasets are by default unpublished, but Administrators can change access restrictions and, publish or remove access to any User's deposit/submission at any time. Depending on the permissions granted by the Dataverse Administrator, Depositories can also change the access/transfer restrictions on datasets by assigning the Depositor the role of: Deposit/submission with restrictions.
DataRepositóriUM has no obligation to monitor the Site, the Service, the Content or User Uploads (deposits). DataRepositóriUM may remove any User Upload at any time for any reason (including, but not limited to, receipt of claims, allegations from third parties or authorities relating to your upload), or none of the foregoing.
You acknowledge that DataRepositóriUM neither endorses nor assumes responsibility for any User Upload and is therefore not responsible for: i) Content, format, metadata or lack thereof; ii) statements or warranties made by you about the Uploads; and iii) any loss or damage to your User Uploads, in whole or in part, from any cause whatsoever.

Restrictions

When contributing Content to the site, you must ensure that your Content complies with the General Terms of Use. If your Upload is not in compliance, DataRepositóriUM has the exclusive right, to remove your Upload. DataRepositóriUM does not review all User Uploads before they are made available on the Site, or before they are published. Therefore, you are legally and financially responsible for all damages if the Content meets or violates any of the provisions set forth in this Agreement.
By posting User Uploads on your dataverse or other dataverses, or allowing others to do so, you shall warrant to DataRepositóriUM that:

1. The Uploads do not infringe the copyright or other intellectual property rights, including but not limited to patents, trademarks, trade secrets, rights of publicity, or other rights of third parties;
2. The uploads do not violate any laws;
3. If you become aware of any problems after submitting an Upload, you shall immediately notify DataRepositóriUM and the relevant Administrator(s) of any issues of confidentiality, privacy or data protection, licensing or intellectual property relating to the Uploads;
4. The Uploads do not contain software viruses or any other computer code, files or programs designed and/or intended to disrupt, damage, limit or interfere with the proper operation of any software, hardware or telecommunications equipment, or to damage or gain unauthorized access to any system, data files or other information of DataRepositóriUM or any third party;
5. The Uploads have received all relevant, mandatory and applicable approvals for the publication of such materials, including content and format, not limited to approvals from third parties with whom Users may have relevant contractual obligations; and
6. Uploads must be emptied of all identifiable information (personal data pursuant to Article 4 (1) of the GDPR, so that no subject can be identified from the aggregation of the information available in all materials (through datasets and dataverses) uploaded under any author and/or User. Specifically, Uploads may not contain civil, tax, or social security identification numbers; credit card numbers; medical record numbers; health insurance numbers; user names on online services; email addresses; other account numbers of individuals; or biometric identifiers (fingerprints, retina, voice print, DNA, etc.). The only possible exceptions for identifiable information to be allowed are when:
   a) The information describes public figures, when the data relates to their public roles;
   b) All identified subjects who have passed away and the data do not respect the categories provided for in Article 17th of the Portuguese law implementing the GDPR, Law 58/2019 of August 8, or other legislation that explicitly restricts their processing applies to them. Licenses and permissions for DataRepositóriUM.

The User grants DataRepositóriUM all permissions and licenses necessary to make submitted or deposited Content available for archiving, preservation and access, within the Site. This includes, without limitation, permission to:

1. Disseminate copies of the Content in various distribution formats in accordance with DataRepositóriUM's standard terms of use;
2. Promote and advertise the Content in any advertising campaign (in any form) for DataRepositóriUM;
3. Describe, catalogue, and document user deposits / submissions;
4. Store, translate, copy or reformat the Content in any way to ensure its future preservation and accessibility, and improve usability and/or protect the confidentiality of respondents; and
5. Incorporate Metadata or documentation into Content in public access catalogues.

Likewise, you grant DataRepositóriUM all necessary permissions, waivers and licenses to share any Published Content metadata with DataCite (http://datacite.org).
The user warrants that it has full right and authority to license to DataRepositóriUM the Content it has submitted / deposited in the manner described in these Terms of Use; and has no obligation or restriction created by law, contract or otherwise preventing it from entering into and fully executing these Terms of Use.
None of the foregoing supersedes any contractual obligations with third parties requiring that any information be kept confidential. Nothing in this Agreement obligates you to disclose information to DataRepositóriUM if such information is otherwise confidential or proprietary. DataRepositóriUM does not approve user's deposits/submissions before they are published; therefore, the user is solely responsible for the deposits/submissions published on or through DataRepositóriUM and for all possible confidentiality or other privacy issues that may arise from their publication.

User Submission Data Usage License Agreement

The user acknowledges, that the standard DataRepositóriUM data license agreement for all uploaded materials has a Creative Commons Zero ("CC0") Public Domain attribution. For more information, visit the Creative Commons Zero Full Legal Text (https://creativecommons.org/publicdomain/zero/1.0/legalcode).
Users also have the option of writing a custom data license agreement. By choosing to write a custom data usage license agreement for a given dataset, users attest that:

1. They have written themselves or have permission to use the language in the data license agreement that they choose;
2. The data license agreement covers all the restrictions and protections you wish to associate with it, and will not make use of other protections or restrictions contained in the platform;
3. They are solely responsible for ensuring that the data license agreement is legally valid and that the Site is immune from any liability; and
4. Nothing in the data license agreement conflicts with, supersedes or limits any prior contractual obligations on the part of the User, third parties, or users downloading from the platform and DataRepositóriUM itself.

Users also have the option to choose to use DataRepositóriUM's restricted data use licence agreement ("Data Use Agreement"). By choosing to use the Data Use Agreement, Users acknowledge and agree that:

1. DataRepositóriUM has no obligation or responsibility and makes no representation as to the legality, enforceability, accuracy or appropriateness of the Data Use Agreement;
2. DataRepositóriUM is not a party to the Data Use Agreement and cannot be held responsible for any terms found in the Data Use Agreement; and
3. DataRepositóriUM has no obligation to assist or support any party to the Agreement in the performance or enforcement of the terms of the Data Use Agreement. Users are responsible for establishing, maintaining and enforcing the terms of the license they wish to use for access and use of the user uploads. DataRepositóriUM is not responsible for any inaccuracies, unenforceable terms, or liabilities that may arise from your choice of any of the options offered in this Agreement, and DataRepositóriUM shall not be responsible for reviewing or enforcing compliance with any terms you may choose to employ.

Downloading User Submissions

DataRepositóriUM assumes that it will make every reasonable effort to maintain open access to the datasets for downloading, subject to Depositor restrictions and any applicable legal restrictions. DataRepositóriUM collects and stores download data for each transfer made, for all users (both registered and guest), which can then be downloaded and accessed by the Depositor. In order to take this action a user must be registered on the Site and agree to the Data Use Agreement for a dataset in order to take advantage of the Site's Services, including the downloading of any materials or datasets.
Users assume that by downloading any material from DataRepositóriUM:

• Have read and understand the Dataverse Community Norms;
• Respect the data license agreement applicable to the dataset;
• Acknowledge that your (User) account information or identifying information as a guest (Guestbook) may be recorded at the time of download, and be viewable by the dataset owner; and
• They have done their due diligence to ensure that they do not download and use any datasets or other materials where prohibited by applicable law.

Termination

DataRepositóriUM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may notify DataRepositóriUM at datarepositorium@usdb.uminho.pt.

Warranties

The service (including, without limitation, all content and user uploads) is provided "as is" and "made available" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any implied warranties for any course of performance or trade usage, all of which are expressly disclaimed. Without limiting the foregoing, DataRepositóriUM does not warrant:

• (a) the content or user uploads are timely, accurate, complete, reliable or correct in their forms posted on the platform;
• (b) the service is secure;
• (c) the service is available at any particular time or location;
• (d) any defects or errors are corrected;
• (e) the site, content or any user upload are free of viruses or other harmful components; or
• (f) the results of using the service meet your requirements. Your use of the service and any content is at your sole risk.

Limitation of liability

In no event shall DataRepositóriUM and its affiliates, or their directors, employees, agents, partners or suppliers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service or any content or user submission (i) for any direct damages, or (ii) for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind.

Indemnification

You will indemnify and hold DataRepositóriUM harmless from and against any and all losses, costs, expenses, liabilities or damages, including, without limitation, all attorneys' fees and court costs, arising out of:

• (i) your use or misuse of the Service;
• (ii) your access to the Site;
• (iii) your violation of the General Terms of Use; or
• (iv) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including, but not limited to, infringement on any and all representations made by you in this Agreement.

Such losses, costs, expenses, damages or liabilities shall include, without limitation, all actual, general, special and consequential damages.

Dispute Resolution

You and DatarepositóriUM agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These General Terms of Use have been governed by and construed in accordance with law. All disputes under these General Terms of Use shall be resolved in the applicable courts. The User consents to the jurisdiction of such cuts and waives any jurisdictional or forum defence otherwise available.

Integration and Severability

This Agreement is the entire agreement between you and DataRepositóriUM with respect to the Service and use of this platform, and supersedes all prior communications and proposals (whether oral, written or digital) between you and DataRepositóriUM (excluding the Privacy Policy, and the use of any third party software, widgets and applications that may be subject to a separate end user license agreement). If any provision of the General Terms of Use is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for the General Terms of Use to remain in full force and effect and enforceable.

Miscellaneous

DataRepositóriUM may assign, transfer or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture or employment relationship is created as a result of the General Terms of Use, and neither party has any authority of any kind to bind the other in any respect outside the terms specified in this Agreement. In any action or proceeding to enforce rights under the General Terms of Use, the prevailing party shall be entitled to recover court costs and fees.

  [Version 1.0, April 2022]