UAL Dataverse Network Account Terms of Use
Acceptance of Terms
The following terms and conditions govern all use of the University of Alberta Libraries(UAL) Dataverse website
(http://dataverse.library.ualberta.ca) (the Site) and the services available on or at the Site (taken together, the
Service). The Service is owned and operated by the UAL. The Service is offered subject to acceptance without
modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules,
policies and procedures that may be published from time to time on this Site by UAL.
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. UAL 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.
Modification of Terms of Use
UAL reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is
your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following
the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of
Use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text,
software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by UAL or
its partners on or through the Service.
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:
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infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other
person or entity;
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is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, offensive, or profane;
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constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
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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 UAL or any third party; or
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by UAL in its sole
discretion) an unreasonable or disproportionately large load on UAL'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 UAL 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.
Registration
As a condition to using Services, you are registering with UAL Dataverse Network using your UofA CCID and
password. You shall provide UAL with accurate, complete, and updated registration information. Failure to do so
shall constitute a breach of the Terms of Use, which may result in immediate termination of your UAL Dataverse
Network account. You shall not (i) select or use as a UAL Login Name a name of another person with the intent to
impersonate that person; (ii) use as a UAL Login Name a name subject to any rights of a person other than you
without appropriate authorization; or (iii) use as a UAL Screen Name a name that is otherwise offensive, vulgar or
obscene. UAL reserves the right to refuse registration of, or cancel a UAL Screen Name in its sole discretion. You
are solely responsible for activity that occurs on your account and shall be responsible for maintaining the
confidentiality of your password. You shall never use another user's account without such other user's express
permission. You will immediately notify UAL in writing of any unauthorized use of your account, or other account
related security breach of which you are aware.
User Submissions
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.
The Services also provides you with the ability to post User Submissions to other Dataverses administered by
third parties ("Third-Party Dataverse Administrator"), subject to the permissions and terms of use required by those
Third Party Dataverse Administrators. User Submissions posted to third party Dataverse are also subject to curation
by ("Curated By") the Third-Party Dataverse Administrator for that dataverse.
An important part of the mission of UAL is to acquire and preserve research data and provide access to it. UAL
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. UAL will use good archival
practices, as identified by UAL, to retain and preserve Content deposited into the Site. Notwithstanding, you
acknowledge that UAL 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 the UAL 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, the Archive is
unable to accept your data. You will be held legally and financially responsible for the Archive'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 UAL and to the
administrator of that Dataverse:
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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.
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The User Submissions do not violate any laws, including but not limited to laws related to defamation or
obscenity.
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You will promptly notify both UAL 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.
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The User Submissions do not 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 UAL or any third party.
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You acknowledge that UAL will not be liable for any loss of or damage to the User Submissions, either in
whole or in part.
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If the User Submission is subject to IRB review, the User Submissions were given IRB approval
The Service gives the Dataverse owner the ability to restrict access to User Submissions to specified user
accounts ("Restricted User Submissions"). Third-Party Dataverses may also choose to restrict certain User
Submissions in accordance with their own terms of use of use. All other User Submissions shall be deemed
Unrestricted. By posting Unrestricted 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 UAL and to the administrator of that Dataverse:
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The User Submissions do not contain information that could directly or indirect 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:
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This information has been previously released to the public;
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this information describes public figures, where the data relates to their public roles or other
non-sensitive subjects;
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a sufficient length of time has passed since the collection of the information so that the data can
be considered "historic";
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all identified subjects have given explicit informed consent allowing the public release of the
information in the dataset;
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all information was collected with an explicit statement concerning the public nature of the data,
such as information collected for governmental regulatory purposes;
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or, for federal records (data created by a U.S. 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
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You give permission and any required licenses to UAL to make the Content available for archiving,
preservation and access, in keeping with UAL's mandate. Including, without restriction permission to:
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To redisseminate copies of the Data Collection in a variety of distribution formats according the
standard terms of use of UAL DVN
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To promote and advertise the Data Collection in any publicity (in any form) for the UAL DVN
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To describe, catalog, validate and document the User Submissions
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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
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To incorporate metadata (cataloging information) or documentation in the User Submission into public
access catalogues
You shall not provide UAL 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. UAL does not
endorse and has no control over any User Submission.
UAL has no obligation to monitor the Site, Service, Content, or User Submissions. UAL 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 are lawfully entitled and have full authority to license UAL 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.
Termination
UAL 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 UAL at
data@ualberta.ca. All provisions of the Terms of Use which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
No Warranties
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. UAL, 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.
UAL 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 UAL, 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 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold UAL and Third-Party Dataverse Administrators harmless from and against any and all
loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court
costs, arising from the i) use or misuse of the Service; (ii) your access to the Site, use of the Services,
violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of
any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or
liabilities shall include, without limitation, all actual, general, special, and consequential damages.
Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form. You and UAL
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 Terms and Conditions shall be
governed by and interpreted in accordance with the University policies. All disputes under these Terms and
Conditions will be resolved according to the University's rules and procedures expressed in codes of conduct or
formal agreements.
Integration and Severability
The Terms of Use are the entire agreement between you and UAL with respect to the Service and use of this Site,
and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic)
between you and UAL with respect to this Site (but excluding the use of any software which may be subject to a
separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise
remain in full force and effect and enforceable.
Miscellaneous
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with
UAL's prior written consent. UAL may assign, transfer or delegate any of its rights and obligations hereunder
without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the
Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or
proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and
attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given
when received, if personally delivered or sent by certified or registered mail, return receipt requested; when
receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for
next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices
You acknowledge that the copyright in any additional data added by UAL 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 UAL or by Third Party Dataverse Administrators to assist users in using the User Submissions will belong
to UAL 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.
This Terms of Use document is available under a Creative Commons Attribution-ShareAlike 2.5 License. It
incorporates portions originally developed by Swivel, LLC, and the Institute for Quantitative Social Science at
Harvard University.
BY SIGNING MY NAME IN THE SPACE LABELED "SIGNATURE" BELOW AND BY INITIALING THE "I AGREE" BOX BELOW, I CONFIRM
(A) THAT I HAVE READ AND UNDERSTOOD EACH AND EVERY TERM SET FORTH ABOVE, (B) THE ABOVE REPRESENTATIONS AND THE
INFORMATION I PROVIDE BELOW ARE ACCURATE, AND (C) I AGREE TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS.