Harvard Dataverse 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 Harvard Dataverse that is protected by a User-created login username and password, with which Users can obtain access to Harvard Dataverse’s uploading and downloading functionalities.
Administrator – The User who created, controls and is the main organizer, curator, and manager of a particular dataverse.
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 Harvard Dataverse application.
Curation – The actions of any User on the Harvard Dataverse application 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 Harvard Dataverse 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 a dataverse on the application.
Download Data – Information collected whenever a dataset is downloaded, including but not limited to user account name, time of download, and downloaded file name.
Harvard Dataverse – The repository application server as a whole, including all Services, Content, and related features, but not including any separate Dataverse sites created using Harvard Dataverse’s source code and managed by independent outside parties who are unaffiliated with Harvard Dataverse.
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 Harvard Dataverse application 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 Harvard Dataverse’s Data Use Agreement or with a customized data usage license agreement that the Depositor drafts and/or designates for the Submission.
Service – the Harvard Dataverse application and all of the available services, functions, and capabilities afforded on the application.
Site – the Harvard Dataverse application 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 Harvard Dataverse application, 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 Harvard Dataverse’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 CC0 default public domain dedication waiver agreement.
Use of Service – Any access to, use of, or other action involving the Harvard Dataverse application’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 the Harvard Dataverse application.
User – Any individual or entity who owns and/or controls a registered account on Harvard Dataverse.
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 the Harvard Dataverse application.
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 Harvard Dataverse. As a condition to your gaining full Use of Service, you are required to register for and be logged into an Account on Harvard Dataverse. You shall provide Harvard Dataverse 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. Harvard Dataverse 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 Harvard Dataverse 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:
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.
Harvard Dataverse has no obligation to monitor the Site, Service, Content, or User Uploads. Harvard 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 Harvard 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.
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 Harvard Dataverse:
- the information has been previously released to the public;
- the 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;
- all identified subjects have given explicit informed consent allowing the public release of the information in the dataset; or
- 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).
You also grant to Harvard Dataverse all necessary permissions, waivers and required licenses to share any Published Content’s metadata you submit or deposit with DataCite (http://datacite.org).
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 Harvard Dataverse if such information is otherwise confidential or proprietary. Harvard 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.
You acknowledge that Harvard 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:
Users also have the option of choosing to use Harvard Dataverse’s restricted data usage license agreement (“Data Use Agreement”). By choosing to use the Data Use Agreement, users acknowledge and agree that:
3. Harvard 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. Harvard 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 Harvard Dataverse will not be responsible for reviewing or enforcing compliance of any terms the User may choose to employ.
Downloaders represent that, in downloading any material from the Site, they:
Harvard Dataverse 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 Harvard Dataverse at firstname.lastname@example.org.
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, HARVARD DATAVERSE 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 HARVARD DATAVERSE 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.
You and Harvard Dataverse 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.