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UofM Dataverse General Terms of Use: User Uploads

These pages outline the terms to which users must agree before using the University of Manitoba Dataverse.

Services

The Service provides you with the ability to post User Uploads and display, organize, accept and distribute User Uploads by creating a dataverse. The Service provides you with the ability to post User Uploads to other dataverses administered by other Users. The Service also allows you to share datasets and dataverses with other Users by searching for their first name, last name, email address, or username.

The Service also gives each Administrator the ability to change dataset access/download restrictions by designating User Uploads as Restricted User Submissions. Datasets are by default unpublished, but Administrators can modify the access restrictions and Publish or deaccession any User Uploads at any time. Depending on the permissions granted by the Administrator of the Dataverse in question, Depositors may also change dataset access/download restrictions by designating User Uploads as Restricted User Submissions.

University of Manitoba Dataverse has no obligation to monitor the Site, Service, Content, or User Uploads. University of Manitoba Dataverse may remove any User Upload at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Upload), or for no reason at all.

You acknowledge that University of Manitoba Dataverse does not endorse, take responsibility for, or make any representations or warranties for any User Uploads, and will not be liable for 1) User Upload content, format, Metadata, or lack thereof; 2) representations or warranties made by the User about the User Uploads; and 3) any loss of or damage to User Uploads, either in whole or in part, from whatever cause.

Restrictions

In contributing Content to the site, you must ensure that the Content complies with the Terms of Use. If your User Upload does not comply with the Terms of Use, University of Manitoba Dataverse has the right in its sole discretion to take down your User Upload. University of Manitoba Dataverse does not review all User Uploads before they are made available on the Site, or before they are Published. Therefore, you will be held legally and financially responsible for all damages if Content you contribute violates anything in this Agreement.

By posting User Uploads to your dataverse or other dataverses, or by allowing others to do so, you make the following representations and warranties to University of Manitoba Dataverse:

  1. User Uploads do not infringe upon the copyrights or other intellectual property rights, including, but not limited to patent, trademark, trade secret, copyright, right of publicity or other right of any third party;
  2. User Uploads do not violate any laws;
  3. in the event you become aware of any issues after submitting a User Upload, you will promptly notify University of Manitoba Dataverse and the relevant dataverse Administrator(s) of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Uploads;
  4. User Uploads do not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data files, or other information of University of Manitoba Dataverse or any third party;
  5. User Uploads have been given all relevant, obligatory, and applicable approvals for posting such materials with the content included and in the format uploaded, including but not limited to approvals from the Institutional Review Board and third parties with whom Users have relevant contractual obligations; and
  6. User Uploads must be void of all identifiable information, such that re-identification of any subjects from the amalgamation of the information available from all of the materials (across datasets and dataverses) uploaded under any one author and/or User should not be possible. Specifically, User Uploads cannot contain social security numbers; credit card numbers; medical record numbers; health plan numbers; other account numbers of individuals; or biometric identifiers (fingerprints, retina, voice print, DNA, etc.). The only exceptions for when identifiable information is allowed are when:
  1. the information has been previously released to the public;
  2. the information describes public figures, where the data relates to their public roles or other non-sensitive subjects;
  3. a sufficient length of time has passed since the collection of the information;
  4. all identified subjects have given explicit informed consent allowing the public release of the information in the dataset; or
  5. all identified subjects are deceased and no federal statute explicitly restricts the release of the data (this exception is only for federal records where data is created by a U.S. federal government agency or under a federal contract).

Licenses and Permissions to University of Manitoba Dataverse

You also grant to University of Manitoba Dataverse all necessary permissions, waivers and required licenses to share any Published Content’s metadata you submit or deposit with DataCite (http://datacite.org).

You represent and warrant that you are lawfully entitled and have full authority to license to University of Manitoba Dataverse the Content you submit or deposit in the ways described in these Terms of Use; and you are not under any obligation or restriction created by law, contract or otherwise that would prevent you from entering into and fully performing these Terms of Use.

None of the above supersedes any prior contractual obligations with third parties that require any information to be kept confidential. Nothing in this Agreement obligates you to disclose information to University of Manitoba Dataverse if such information is otherwise confidential or proprietary. University of Manitoba Dataverse does not approve User Uploads before they are posted; therefore, you are solely responsible for the User Submissions you post on or through the Service and all possible confidentiality or other privacy issues that may arise from your posting any User Uploads.

User Submission Data Usage License Agreement

You acknowledge that University of Manitoba Dataverse’s default data usage license agreement for all uploaded materials is a Creative Commons Zero (“CC0”) Public Domain Dedication Waiver. For more information, please visit Creative Commons Zero Full Legal Text (https://creativecommons.org/publicdomain/zero/1.0/legalcode).

Users also have the option of drafting a custom data usage license agreement. By choosing to draft a custom data usage license agreement for a particular dataset, users represent that:

  1. they have written themselves or have permission to use the language of the data usage license agreement they choose;
  2. the data usage license agreement covers all restrictions and protections they wish to retain and will not rely on the Site to provide any further protections or restrictions;
  3. they are solely responsible for ensuring the data usage license agreement is legally sound and that the Site is not responsible for anything included; and
  4. nothing in the data usage license agreement conflicts with, supersedes, or limits any prior contractual obligations on the part of the User, any third parties, downloaders, or the Site.

Users also have the option of choosing to use University of Manitoba Dataverse’s restricted data usage license agreement (“Data Use Agreement”). By choosing to use the Data Use Agreement, users acknowledge and agree that:

  1. University of Manitoba Dataverse owes no obligation or responsibility and makes no representations with regards to the legality, enforceability, accuracy, or desirability of the Data Use Agreement;
  2. University of Manitoba Dataverse is not a party to the Data Use Agreement and cannot be held accountable for any terms found within the Data Use Agreement; and
  3. University of Manitoba Dataverse has no obligation to aid or support either party of the Agreement in the execution or enforcement of the Data Use Agreement’s terms. Users are responsible for establishing, maintaining, and enforcing the license terms they wish to use for access to and use of User Uploads. University of Manitoba Dataverse is not responsible for any inaccuracies, unenforceable terms, or liabilities that may arise from choosing any of the options afforded in this Agreement, and University of Manitoba Dataverse will not be responsible for reviewing or enforcing compliance of any terms the User may choose to employ.