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Institutional Repository: Terms of Use

Deposit Agreement

Deposit Agreement:
Midwestern Figshare Non-Exclusive Distribution License

 

When submitting content to Figshare, you are agreeing to the following:

By clicking to Publish in FIGSHARE, you (the author(s) or copyright owner) grants to Midwestern University (MIDWESTERN) the non-exclusive right to reproduce, translate (as defined below), and/or distribute your submission (including the abstract) worldwide in print and electronic format and in any medium, including but not limited to audio or video.

You agree that MIDWESTERN may, without changing the content, translate the submission to any medium or format for the purpose of preservation.

You also agree that MIDWESTERN may keep more than one copy of this submission for purposes of security, back-up and preservation. 

You represent that the submission is your original work, and that you have the right to grant the rights contained in this license. You also represent that your submission does not, to the best of your knowledge, infringe upon anyone's copyright.

If the submission contains material for which you do not hold copyright, you represent that you have obtained the unrestricted permission of the copyright owner to grant MIDWESTERN the rights required by this license, and that such third-party owned material is clearly identified and acknowledged within the text or content of the submission.

If the submission is based upon work that has been sponsored or supported by an agency or organization other than MIDWESTERN, you represent that you have fulfilled any right of review or other obligations required by such contract or agreement.

MIDWESTERN will clearly identify your name(s) as the author(s) or owner(s) of the submission, and will not make any alteration, other than as allowed by this license, to your submission.

Terms of Use

This Deposit Agreement is part of the following MIDWESTERN FIGSHARE INSTITUTIONAL REPOSITORY TERMS OF USE:

Use and Acceptance.

These terms of use (“Terms of Use”) govern your access to and/or use of the Midwestern University (“MIDWESTERN”) Institutional Repository (“FIGSHARE REPOSITORY”), along with any and all articles, presentations, posters, papers, data, computer code, images, sounds, and any other kind of materials or information of any kind made available on or through FIGSHARE REPOSITORY (collectively, the “Materials”). By accessing and/or using FIGSHARE and/or any Materials (collectively, the “Services”), including, but not limited to, by making deposits to FIGSHARE REPOSITORY), you agree to comply with these Terms of Use.

  1. Modifications. MIDWESTERN may modify these Terms of Use from time to time without notice to you. Any modifications to the Terms of Use shall become effective immediately upon posting.   By making use of FIGSHARE after such modification, you are agreeing to the modified Terms of Use then in effect.

  2. Authorized Uses of FIGSHARE. You may access and use the Services solely for your personal, non-commercial educational purposes consistent with any and all applicable laws and with these Terms of Use.  However, with respect to any Materials you access through FIGSHARE, your access and use of such Materials are subject to the specific license terms under which such Materials were deposited.

  3. Use of Third Party Providers and Services. MIDWESTERN may use certain third party service providers (collectively “Third Party Providers”) to support portions of the Services. Such Third Party Providers include, but are not necessarily limited to, the provider of the platform service for FIGSHARE (the “Platform Provider”).  You acknowledge and agree that MIDWESTERN’s ability to provide and make available the Services is subject to and contingent upon MIDWESTERN receiving the relevant services from the Third Party Providers.

  4. Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of FIGSHARE or the data management  platform service; (ii) attempt to gain or encourage others to gain unauthorized access to FIGSHARE or the data management platform service; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit FIGSHARE, the data management platform service, or any part thereof except as expressly permitted; (iv) misuse FIGSHARE (including by hacking or by knowingly or negligently introducing viruses); or use FIGSHARE in breach of applicable law.

  5. Non-Endorsement. FIGSHARE hosts content from a number of authors. You acknowledge that the statements and views of these authors are theirs alone, and do not reflect the stances or policies of MIDWESTERN or the authors’ sponsors, nor does their posting imply the endorsement of MIDWESTERN or the authors’ sponsors.

  6. No Warranties; Release and Indemnification. NEITHER MIDWESTERN NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MIDWESTERN AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER MIDWESTERN NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY MIDWESTERN AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS MIDWESTERN AND ITS THIRD PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MIDWESTERN BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SERVICES; (ii) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR (iii) FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS.

  7. Termination or Suspension of Your Access and/or the Services. MIDWESTERN may, under certain circumstances, terminate or suspend your account and/or access to the Services.  Reasons for such termination shall include, but not be limited to: (i) violations of these Terms of Use (including but not limited to violations of any terms or other agreements incorporated by reference into these Terms of Use); (ii) requests by you (e.g. self-initiated account deletions); (iii) discontinuance of and/or material modification to the Services, including but not limited to any termination or suspension of services from Third Party Provider; (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; and/or (vi) requests by law enforcement or other government agencies.  In addition, MIDWESTERN’s Platform Provider may, from time to time in its reasonable discretion, suspend or withdraw your access rights to the Services.  You may request termination of your account by providing notice to rcaton@midwestern.edu.

  8. Removal of Materials. If MIDWESTERN determines that the terms of service have been violated, it may limit or remove access to the deposited Material in question, leaving descriptive metadata and a notice to explain the reason for the removal.

  9. Trademarks, Copyright & Proprietary Information. The Services contain trademarks and copyrighted material owned by MIDWESTERN, its Platform Provider and/or the any provider of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of any publicly-available Materials under the terms of the specific license under which such Material were deposited. 

  10. Confidentiality and Protection of Access Credentials. You may be given (or required to create) certain user names and/or passwords in order to access some or all of the Services, which could include but is not limited to accounts created under a Deposit Agreement (the “Access Details”).  You agree to keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and not disclose to or share your Access Details with any third party without the prior written consent of MIDWESTERN (and the consent of MIDWESTERN’s Platform Provider, to the extent your Access Details enable access to the data management platform service).  You agree to notify MIDWESTERN immediately if you become aware of any unauthorized use or disclosure of your Access Details.

  11. Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act (“DMCA”) MIDWESTERN intends to respond to notices of alleged infringed filed in compliance with the DMCA.

  12. Miscellaneous. These Terms of Use constitute your entire understanding with MIDWESTERN regarding your use of and access to the Services. If any such terms are declared illegal or unenforceable, the remaining terms will remain in full force and effect. MIDWESTERN’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section headings in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.  Any claims relating to these Terms of Use are governed by the laws of the State of Illinois without regard to its conflicts of law provisions and by using the Services, you consent to personal jurisdiction in the federal and state courts serving  Illinois as the exclusive legal forum for any claims of any kind relating to the Services and/or the Terms of Use.   The Services are not provided to, and may not be used by, any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.  Therefore, the Services may not be available to all persons or entities in all jurisdictions.

Copyright & License Types

Copyright and CC Licenses

When you are uploading an item to the repository, you will be asked to select a license.  Below are the options and a brief explanation of the use.

You can learn more about Creative Commons Licenses on their website: https://creativecommons.org/about/cclicenses/.  You also have the ability to select In Copyright.   See below for details.

CC-BY (figures, media, posters, papers, filesets)
  • By licensing your research outputs under CC-BY, figshare ensures that your research is openly available, but requires that others should give you credit, in the form of a citation, should they use or refer to the research object. This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.
CC0 (Metadata only & datasets)
  • CC0 can be particularly important for the sharing of metadata only, data and databases, since it otherwise may be unclear whether highly factual data and databases are restricted by copyright or other rights. Databases may contain facts that, in and of themselves, are not protected by copyright law. CC0 is recommended for data and databases and is used by hundreds of organizations. It is especially recommended for scientific data. Although CC0 doesn’t legally require users of the data to cite the source, it does not take away the moral responsibility to give attribution, as is common in scientific research.
In Copyright
  • You might need to select "In Copyright" if you are depositing a version of a publication where you have signed over copyright to the publisher but the publisher still permits a version to be submitted the Institutional Repository.
  • You might also select "In Copyright" if you the author/ copyright owner intend to retain all copyrights and not assign a CC license.
  • An individual who examines your submission in Figshare will see a message that the Item is protected by copyright and/or related rights and that they would be free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to their use. For other uses they will be informed they need to obtain permission from the rights-holder(s).

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