The following terms and conditions govern all use of the NUS ScholarBank@NUS application (the Site) and the services available on or at the Site (the Site and the services taken together, the Service) by you and any third parties who use your account. Use of the Service is offered subject to acceptance of and compliance with all of the terms and conditions contained herein (the General Terms of Use) and all other applicable operating rules, policies and procedures of the Service. By clicking “I accept” and/or by your use of the Service, you agree and accept all the terms in this General Terms of Use document (“Agreement”).
ScholarBank@NUS 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 ScholarBank@NUS that is protected by a User-created login username and password, with which Users can obtain access to ScholarBank@NUS’ uploading and downloading functionalities.
Agreement – The General Terms of Use in its entirety.
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, figures, photos, text, software, scripts, graphics, and interactive features found on the ScholarBank@NUS application.
Data Use Agreement – This is the restricted data usage license agreement option that ScholarBank@NUS 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.
Depositor – The User who uploads a collection of data files as a dataset to a ScholarBank@NUS.
Download Data – Information collected whenever a dataset is downloaded, including but not limited to user account name, time of download, and downloaded file name.
Downloader – the person who completed the form to request the use of the Data for a Project or the person(s) who have access to the Download Data.
Form – the request form submitted by requestor seeking permission to download the data hosted on ScholarBank@NUS
Metadata – Accompanying information, either in a separate file or otherwise included in the dataset materials, about a particular dataset, including but not limited to Author’s name, publishing date, title of data contents, description of contents, and other such related information.
Project – the project name and description where the requested data will be used.
Restricted User Submissions – Any User Submissions that are published with either ScholarBank@NUS’ Data Use Agreement or with a customized data usage license agreement that the Depositor drafts and/or designates for the Submission.
ScholarBank@NUS – The repository application server as a whole, including all Services, Content, and related features.
Service – the ScholarBank@NUS application and all of the available services, functions, and capabilities afforded on the application.
Site – the ScholarBank@NUS 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 ScholarBank@NUS application, including but not limited to 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 ScholarBank@NUS’ administrators in its sole discretion.
Use of Service – Any access to, use of, or other action involving the ScholarBank@NUS 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 ScholarBank@NUS application.
User Submissions – Uploaded datasets.
User Uploads – Any uploaded, submitted, disclosed, distributed, or otherwise posted content by a User, including but not limited to 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 ScholarBank@NUS application.
In using the Service, you acknowledge that:
As both a registered User and an unregistered Guest, you are able to download publicly available Content from ScholarBank@NUS. As a condition to your gaining full Use of Service, you are required to register your request on ScholarBank@NUS. You shall provide ScholarBank@NUS with accurate and complete Registration Information. Failure to do so may result in ScholarBank@NUS refusing or cancelling your request in its sole discretion.
Services
The Service provides the Depositor with the ability to post User Uploads. The Service also gives each Administrator the ability to change dataset access/download restrictions by designating User Uploads as Restricted User Submissions. Administrators can modify the access restrictions and Publish or deaccession any User Uploads at any time.
ScholarBank@NUS has no obligation to monitor the Site, Service, Content, or User Uploads. ScholarBank@NUS 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 ScholarBank@NUS 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.
In contributing Content to the site, you must ensure that the Content complies with the Terms of Use.
This document should be read in conjunction with the following related University policies:
Contributors are responsible for the quality, validity and authenticity of the content of the submitted materials, including but not limited to text, images, graphics, audio and video files, website links, computer programmes, datasets or other content (“User Upload(s)”).
If your User Upload does not comply with the Terms of Use, ScholarBank@NUS has the right in its sole discretion to take down your User Upload. ScholarBank@NUS 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 depositing User Uploads, you make the following representations and warranties to ScholarBank@NUS:
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;
User Uploads do not violate any laws;
In the event you become aware of any issues after submitting a User Upload, you will promptly notify ScholarBank@NUS of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Uploads;
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 ScholarBank@NUS or any third party;
User Uploads do not contain (i) abusive, offensive, obscene or pornographic Materials; (ii)false and/or defamatory statements about any person, organization or entity or other statements likely to create liability; (iii) discriminatory or harassing Materials; (iv) Materials which are criminally discriminatory, harassing, derogatory, or that are embarrassing to NUS or the ScholarBank@NUS or the ScholarBank@NUS’ staff; (v) any other statement which is likely to create any liability (whether criminal or civil, and whether to NUS or its ScholarBank@NUS; (vi) chain mail or junk mail; (vii) Materials in breach of copyright or other Intellectual Property Rights; or (viii) Materials that facilitate criminal activity or violate any Applicable Law
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
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) 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.).
You grant to ScholarBank@NUS 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:
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 their request and agree to the CC-BY-NC 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:
Generally, User Upload submitted to the ScholarBank@NUS is considered permanent. Content may be withdrawn by either the NUS or the author under some circumstances which include license agreement violations, legal requirements violations, ethical violations or falsified research, proven copyright infringement or plagiarism, content contains defamatory statements, and previously published work which is retracted by publisher from the publication. Contributors wishing to do so may email the administrators of the ScholarBank@NUS at scholarbank@nus.edu.sg
The NUS may restrict access to or delete any User Upload from the ScholarBank@NUS it deems in its sole judgment to have violated the Terms of Use and reserves the right to restrict, suspend or terminate at its discretion any User’s access to part or all of the ScholarBank@NUS at any time, without notice or reason given and without liability.
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, SCHOLARBANK@NUS 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 SCHOLARBANK@NUS 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 will indemnify and hold ScholarBank@NUS 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 i) your use or misuse of the Service; (ii) your access to the Site; (iii) your violation of the Terms of Use; or (iv) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including but not limited to infringements upon any and all representations made by you in this Agreement. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
You and ScholarBank@NUS 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 of Use shall be governed by and interpreted in accordance with the laws of the Singapore (excluding the conflict of laws rules thereof). All disputes under these Terms of Use will be resolved in the applicable state or federal courts of Singapore. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defences otherwise available.
This Agreement is the entire agreement between you and ScholarBank@NUS with respect to the Service and use of this Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ScholarBank@NUS with respect to this Site (but excluding the use of any third-party software, widgets, and applications that 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.
The ScholarBank@NUS submission process or methods may collect personal information such as name, department, faculty, institutions, organisations, and email address submitted during the deposit process.
Submitted information will be used only for the purpose for which you submitted it, with the exception that the ScholarBank@NUS may make reasonable statistical reports. The ScholarBank@NUS does not share this information with any third-party organisations or allow it to be used for commercial purposes. Refer to the National University of Singapore Data Protection Policy & Procedures on how personal data collected will be managed and used.
ScholarBank@NUS 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 outside the specified terms of this Agreement. 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.