Acceptance of Terms
The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. OCUL may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Rules and Conduct
By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains 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 or other information of Scholars Portal or any third party.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by OCUL in its sole discretion) an unreasonable or disproportionately large load on OCUL’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures OCUL may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall abide by all applicable local, state, national and international laws and regulations.
The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, data, and images) to the Service (“User Submissions”) and to allow other users to do so. The Service provides you with the ability to display, organize, and accept content through creating a Dataverse.
An important part of the mission of OCUL is to acquire and preserve research data and provide access to it. OCUL intends to create archival versions of the Content that will facilitate preservation, verification, management, and use, and to permanently archive these versions of the Content at multiple locations. OCUL will use good archival practices, as identified by OCUL and the data management community, to retain and preserve Content deposited into the Site. Notwithstanding, you acknowledge that OCUL and Third-Party Dataverse Administrators will not be liable for any loss of or damage to the User Submissions, either in whole or in part.
Please be aware that OCUL does not review data submissions before they are made available to the public, so we may only accept data that is publicly distributable. BEFORE YOU CONTRIBUTE DATA TO THE ARCHIVE, YOU MUST ENSURE THAT THE DATA MEETS OUR TERMS AND CONDITIONS. If your data does not meet our terms and conditions, OCUL is unable to accept your data. You will be held legally and financially responsible for OCUL’s damages if data you contribute violates these terms and conditions.
By posting User Submissions on or at the Site, or otherwise through the Service, to your Dataverse or other Dataverses, or by allowing others to do so, you make the following representations and warranties to OCUL and to the administrator of that Dataverse:
- The User Submissions 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 other of any third party.
- The User Submissions do not violate any laws, including but not limited to laws related to defamation or obscenity.
- You will promptly notify both OCUL and the administrator of the dataverse curating the User Submissions of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Submissions.
- The User Submissions 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 or other information of OCUL or any third party.
- You acknowledge that OCUL will not be liable for any loss of or damage to the User Submissions, either in whole or in part.
- If the User Submission is subject to Research Ethics Board (REB) review, the User Submissions were given REB approval.
- The User Submissions do not contain information that could directly or indirectly identify subject except where the release of such identifying information has no potential for constituting an unwarranted invasion of privacy and/or breach of confidentiality. And for all personally-identifiable information in the data at least one of following conditions applies:
- This information has been previously released to the public;
- this information describes public figures, where the data relates to their public roles or other non-sensitive subjects;
- a sufficient length of time has passed since the collection of the information so that the data can be considered “historic”;
- all identified subjects have given explicit informed consent allowing the public release of the information in the dataset;
- all information was collected with an explicit statement concerning the public nature of the data, such as information collected for governmental regulatory purposes;
- or, for federal records (data created by a Canadian federal government agency or under a federal contract) only, all identified subjects are deceased and no federal statute explicitly restricts the release of the data
- You give permission and any required licenses to OCUL to make the Content available for archiving, preservation and access, in keeping with OCUL’s mandate. Including, without restriction permission to:
- To promote and advertise the Data Collection in any publicity (in any form) for the OCUL’s Scholars Portal Dataverse
- To describe, catalog, validate and document the User Submissions
- To store, translate, copy or re-format the Data Collection in any way to ensure its future preservation and accessibility; improve usability and/or protect respondent confidentiality
- To incorporate metadata (cataloging information) or documentation in the User Submission into public access catalogues
You shall not provide OCUL with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. OCUL does not endorse and has no control over any User Submission.
OCUL has no obligation to monitor the Site, Service, Content, or User Submissions. OCUL may remove any User Submission 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 Submission), or for no reason at all.
You represent and warrant you are lawfully entitled and have full authority to license OCUL to use the Materials in the ways described in these Terms and Conditions; 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 and Conditions.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS 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 WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OCUL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
OCUL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICES OR CONTENT PROVIDED.
Limitation of Liability
IN NO EVENT SHALL OCUL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (CANADA).
Integration and Severability
Copyright and Trademark Notices
You acknowledge that the copyright in any additional data added by OCUL or Third Party Dataverse Administrators to the user materials, and any search software, user guides, documentation and any other intellectual property that is prepared by OCUL or by Third Party Dataverse Administrators to assist users in using the User Submissions will belong to OCUL or the Third Party Dataverse Administrator(s) creating the content (respectively).
The Dataverse Network and Dataverse Network logo are either trademarks or registered trademarks of IQSS.