DR-NTU (Data) reserves the right, at its sole discretion, to modify or replace any of the terms in this Agreement at any time without prior notice to Users. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes.
Account – A User-controlled means of access to DR-NTU (Data) that is protected by a User created login username and password, with which Users can obtain access to DR-NTU (Data)’s uploading and downloading functionalities.
Administrator – The User who created, controls and is the main organizer, curator, and manager of a particular DR-NTU (Data).
Author – The person(s) from whom the data within the dataset originated; the person(s) who conducted the research that led to the creation of the dataset. This person can but need not be the same as the Depositor.
Content – Any information, data, text, software, scripts, graphics, and interactive features found on the DR-NTU (Data) application.
Curation – The actions of any User on DR-NTU (Data) that organize, shape, or otherwise edit the state, status, configuration, or content of any datasets or dataverses. Data Use Agreement – This is the restricted data usage license agreement option that DR-NTU (Data) offers. If applied to a User Submission, the Data Use Agreement will be a legally-binding license contract between the Depositor and any Downloader of that User Submission.
Data Usage License Agreement – The license agreement between a Depositor and a Downloader governing the limits and restrictions (or lack thereof) of how the downloaded User Submissions can be used.
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 DR-NTU (Data).
Download Data – Information collected whenever a dataset is downloaded, including but not limited to user account name, time of download, and downloaded file name.
Metadata – Accompanying information, either in a separate file or otherwise included in the dataset materials, about a particular dataset or dataverse, including but not limited to Author’s name, publishing date, title of data contents, description of contents, and other such related information.
Publish – A function available for User Submissions by which Users can make their dataverse and/or their dataset containing data files publicly available and publicly searchable on the DR-NTU (Data) search engine and third-party search engines (e.g., Google Search or Bing Search).
Registration Information – Information required to register for an Account, including but not limited to name, email, institution, position, and phone number.
Restricted User Submissions – Any User Submissions that are published with either DR-NTU (Data)’s Data Use Agreement or with a customized data usage license agreement that the Depositor drafts and/or designates for the Submission.
Service – the DR-NTU (Data) and all of the available services, functions, and capabilities afforded on the application.
Site – the DR-NTU (Data) and server.
Spamming – Any unauthorized or unsolicited advertising, junk or bulk e-mail, messages, comments, or other communications directly or indirectly stemming from use of the DR-NTU (Data), including but not limited to comments posted to Author’s dataset pages and messages or other communications sent to User’s email addresses, accounts, or other means of contact.
Sufficient length of time – Any period of time as obligated by any pre-existing legal contract, such as with the subjects concerned in the research data, or with the institution that is sponsoring or that sponsored the research undertaking. If no such obligation exists, then the requisite length shall be any reasonable amount of time as designated by DR-NTU (Data)’s administrators in its 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 CCBY-NC default public domain dedication waiver agreement.
Use of Service – Any access to, use of, or other action involving DR-NTU (Data)’s functions, services, resources, and repository of datasets, including but not limited to any uploading, posting, submitting, storing, searching for, downloading, distributing, facilitating distributions, and otherwise utilizing any Content found on DR-NTU (Data).
User – Any individual or entity who owns and/or controls a registered account on DR-NTU (Data).
User Submissions – Uploaded dataverses and datasets.
User Uploads – Any uploaded, submitted, disclosed, distributed, or otherwise posted content 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 either originating from the User or originating from a third-party author who gave permission to the User to disseminate on DR-NTU (Data).
In using the Service, you represent that:
You shall abide by all applicable local, state, national and international laws and regulations in your Use of the Service, and your Use of Service shall not:
As both a registered User and an unregistered Guest, you are able to download publicly available Content from DR-NTU (Data). As a condition to your gaining full Use of Service, you are required to register for and be logged into an Account on DR-NTU (Data). You shall provide DR-NTU (Data) with accurate and complete Registration Information and regularly update such information to maintain its completeness and accuracy. Failure to do so may result in immediate termination of your Account. DR-NTU (Data) reserves the right to refuse registration of or cancel an Account 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 Account password. You shall never use another user’s account without the other user’s express permission. You will immediately notify DR-NTU (Data) in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
In having an account on the Service, you acknowledge that:
In your access to, use of, or obtaining of an authentication key with the purpose of accessing or using, the DR-NTU (Data) API (whether through DR-NTU (Data)’s own API application software or through a third-party application), you acknowledge that you have fully read and accepted the
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 DR-NTU (Data), Depositors may also change dataset access/download restrictions by designating User Uploads as Restricted User Submissions.
DR-NTU (Data) has no obligation to monitor the Site, Service, Content, or User Uploads. DR-NTU (Data) 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 DR-NTU (Data) 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.
By posting User Uploads to your dataverse or other dataverses in DR-NTU (Data), or by allowing others to do so, you make the following representations and warranties to DR-NTU (Data):
Licenses and Permissions to DR-NTU (Data)
You grant to DR-NTU (Data) all necessary permissions and required licenses to make the Content you submit or deposit available for archiving, preservation and access, within the Site.
This includes, without restriction, permission to:
You also grant to DR-NTU (Data) all necessary permissions, waivers and required licenses to share any Published Content’s metadata you submit or deposit with DataCite.
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 DR-NTU (Data) if such information is otherwise confidential or proprietary. DR-NTU (Data) 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 DR-NTU (Data)’s default data usage license agreement for all uploaded materials is a CC-BY-NC. For more information, please visit Creative Commons Full Legal Text.
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:
Users also have the option of choosing to use DR-NTU (Data)’s restricted data usage license agreement (“Data Use Agreement”). By choosing to use the Data Use Agreement, users acknowledge and agree that:
The Site represents that it will use all reasonable efforts to maintain open access to datasets for users to download, subject to Depositors’ restrictions and any applicable legal restrictions. The Site collects and stores Download Data from each download for all users (both registered and guest), which can then be downloaded and accessed by the Depositor.
Downloaders must be registered Users of the Site or guests that agree to the CC-BY-NC or the Custom Data Usage Agreement for a dataset in order to take advantage of the Site’s Services, including downloading any materials or datasets. Downloaders represent that, in downloading any material from the Site, they:
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER UPLOADS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND 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. WITHOUT LIMITING THE FOREGOING, DR-NTU (Data) DOES NOT WARRANT THAT: (A) THE CONTENT OR USER UPLOADS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT IN THEIR POSTED FORMS ON THE SERVICE; (B) THE SERVICE WILL BE SECURE ; (C) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SITE, CONTENT OR ANY USER UPLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY CONTENT IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL DR-NTU (Data) 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 SUBMISSIONS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.