Terms of Use for IDSC Dataverse of IZA
Acceptance of Terms
By establishing an account, I affirm my acknowledgment and acceptance of both the terms of use and the IZA privacy policy. These terms govern the utilization of services offered by the Research Data Center (IDSC), (hereinafter referred to as ‘IDSC Dataverse’), hosted by the Institute of Labor Economics (hereinafter referred to as ´IZA´), by individuals, herein referred to as users. The utilization of the services is exclusively based on these terms of use and all regulations related to the services that are communicated by the IDSC.
Terms Conduct Requirements
Registered users are able to download publicly available content from the IDSC Dataverse. As a condition to gaining full use of service, users are required to register for and be logged into an account in the IDSC Dataverse. Users shall provide the IDSC 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 user accounts. The IDSC Dataverse reserves the right to refuse registration of or cancel an Account in its sole discretion.
Users are solely responsible for activity that occurs on the account and shall be responsible for maintaining the confidentiality of the account password. Users shall never use another user’s account without the other user’s express permission. Users will immediately notify the IDSC 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, users acknowledge that:
User account details (including first name, last name, email address, username and user affiliation) are collected by the IDSC Dataverse for validation and used for user statistics. Users’ first name, last name, and affiliation will be displayed on the service in connection with your user Uploads.
The IDSC Dataverse does not disseminate its users' email addresses: neither are they available e.g. on a public list or on public user pages, nor are they harvestable by crawlers. There is a list with user info, but it is available only to Dataverse administrators. This list is kept due to good research practice for ten years for the production of usage statistics.
Scope of Application
The following terms of use shall apply to the use of the services of the IDSC Dataverse, by its users. Use of these services shall exclusively be subject to these terms of use, as well as to all and any regulations and data protection information related to the said services that are communicated by the IDSC Dataverse. The provisions of these terms of use shall also apply to use either without or before registration, during the registration process and after a user account has been deleted. These terms of use shall remain in force for as long as IDSC Dataverse services are offered and these terms of use are not amended.
Service Description
The IDSC Dataverse offers users the opportunity of storing, making available and using archived records and related services (hereinafter referred to as ‘services’). In the context of these terms of use, the term ‘archived records’ shall refer to immaterial goods that are available in machine-readable formats and are, as such, merchantable irrespective of a carrier, particularly through the Internet. This particularly applies to any type of data as well as accompanying documents such as codebooks, methods reports, questionnaires, analysis scripts, process data for data collection (paradata) and metadata (hereinafter collectively referred to as ‘archived records’). The IDSC Dataverse plans to make archived records findable, accessible, interoperable and reusable. The IDSC Dataverse also reserves the right to offer services against payment in the future.
Use of Services
To use certain services, it is necessary to set up a user account (hereinafter referred to as ‘registration’).
Lawful Conduct
The users shall agree to behave lawfully when using the services and when registering an account, and shall in particular agree not to pursue any illegal purposes, not to commit any copyright violations or violations of personal rights, and especially not to disseminate any discriminating, extremist or pornographic archived records.
The users shall agree not to make any attempts (including for research purposes) to re-identify data or to publish or disseminate re-identified data. The users shall agree not to make any attempts or take any measures that result in the circumvention of the service restrictions put in place by the IDSC Dataverse. This particularly applies to restrictions of access to archived records. The users shall agree to hold harmless and indemnify the IDSC Dataverse against any claims asserted by third parties due to the (negligent or wilful) culpable storage and making available of unlawful archived records or the use of said archived records by users, as well as due to unlawful use.
The users shall agree not to use the IT infrastructure provided by the IDSC Dataverse disproportionately or to an extent that exceeds the level of normal use by other users. The IDSC Dataverse shall be entitled to define what extent of use shall be deemed disproportionate.
Failure to comply with Section “Lawful Conduct” – as well as with these terms of use in general – may result in an extraordinary termination of contract. This may result in the immediate deletion of the user account, among other consequences.
Information obligations concerning publications relating to archived records
The IDSC Dataverse shall be informed about any publications that are related to the archived records. This shall ensure the traceability of the use of services and thus their preservation, and encourages research with the data. The IDSC Dataverse shall be informed of any publications that have used archived records that are accessible at the IDSC Dataverse as soon as such a publication is in print, by means of an e-mail including the bibliographic information (citation) to [email protected].
Storing and making available archived records
The users shall confirm that they are entitled to grant the exploitation rights to the archived records that they have specified and selected in the context of storing and making available the said records, without violating any rights of third parties. Provided that exploitation rights to the archived records other than those enumerated below have been granted, the users shall confirm that they are entitled to grant the said other exploitation rights to the archived records without violating any rights of third parties.
Users grant to Harvard Dataverse all necessary permissions and required licenses to make the submitted content available for archiving, preservation and access. This includes, without restriction, permission to:
- Re-disseminate copies of the content in a variety of distribution formats according to the standard terms of use of the IDSC Dataverse;
- Promote and advertise the content in any publicity (in any form) for the IDSC Dataverse;
- Store, translate, copy or re-format the content in any way to ensure its future preservation and accessibility, and improve usability and/or protect respondent confidentiality; and
- Incorporate metadata or documentation in the content into public access catalogues.
The users shall take note of the fact that only the following two licences are supported by the IDSC Dataverse:
The users shall confirm that they will always use CC0 1.0 for metadata. In this context, the term metadata shall refer to information as described in the metadata schema in the version used by the IDSC Dataverse. This also includes summaries (abstracts) and information extracted or aggregated from the archived records that further describe the data, particularly names of variables, descriptions of variables, descriptions of the dataset, the number of variables in the dataset, the number of cases in the dataset, and aggregated descriptive statistics at the variable level – for instance, mean values or standard deviations.
In addition, users also have the option, after consultation with the IDSC Dataverse staff, to use other licences for their archived records, provided that this is legally possible, that the IDSC Dataverse staff deems its implementation to be practicable, and that this is in line with IDSC Dataverse’s mission. Metadata will continue to be covered by CC0 1.0 Universal Dedication.
Certain archived records can only be used after prior release by the IDSC Dataverse or the depositor (hereinafter referred to as: access via Josua). the IDSC Dataverse shall be entitled to decide which archived records shall be made available by means of access via Josua and who shall be granted access to these archived records. The IDSC Dataverse shall be entitled to refuse the making available of archived records by restricted controlled access or their use, without giving reasons for the said refusal.
Non-warranty
The IDSC Dataverse shall not give any warranty concerning the availability and scope of the services and functions that are being provided. Nor can users derive any legal right of use. Services will be provided without giving any warranty, particularly with regard to the preservation, provision and duration of the availability of the archived records. The IDSC Dataverse shall be entitled to delete archived records that have been stored and made available by users, at any time and without stating reasons for the said deletion. The IDSC Dataverse shall not be liable for the loss of archived records or parts thereof. Should the services be discontinued for an important, unavoidable reason, the IDSC Dataverse shall make endeavours to preserve the archived records to the greatest extent that is possible for the repository.
Liability
Any archived records that have been stored and made available, as well as any links to websites or services, do not originate from the IDSC Dataverse. The IDSC Dataverse only stores them and makes them available on behalf of the users. The IDSC Dataverse does not assume ownership of them and dissociates itself from their contents and specific way of presentation. To the extent that users do not report to the IDSC Dataverse or are supervised by the repository, the IDSC Dataverse shall not be responsible for any archived records that have been stored and made available, and does not assume any warranty for other contents and activities of users.
The IDSC Dataverse does not examine, inspect and monitor the archived records that have been stored and made available, either before they are made accessible online or with regard to their lawfulness. The said archived records are not examined with regard to the immaterial law situation; this particularly applies to protectability and the holding of rights. The IDSC Dataverse shall not, on its own account, investigate circumstances that indicate possible unlawful actions. Should the IDSC Dataverse actually become aware of any unlawful actions or unlawful archived records, or should the IDSC Dataverse become aware of any circumstances that clearly indicate unlawful activities or unlawful archived records, the IDSC Dataverse shall be entitled to remove the said archived records immediately and to block access to them.
IDSC Dataverse API terms of use
Use of APIs
The following terms and conditions govern all use of Application Program Interfaces (API) to access and use the IDSC Dataverse application and the services available on or at the IDSC Dataverse application.
This terms of use agreement governs and includes all APIs whose full or partial purpose is to provide access to the the IDSC Dataverse and its services and materials, including APIs offered by Harvard Dataverse and third-party API applications created to access the Dataverse network from third-party websites (collectively referred to as “Dataverse API”).
Acceptance of Terms
Use of the IDSC Dataverse API is offered subject to acceptance of and compliance with all of the terms and conditions contained herein (the IDSC Dataverse API terms of use). By your use of the IDSC Dataverse API, you agree and accept all the terms in this agreement and all others mentioned above.
General Rules of Conduct
In accessing, uploading and/or downloading content from the IDSC Dataverse using a Dataverse API, you acknowledge and agree that:
1. the materials provided on the IDSC Dataverse, namely data, documentation and metadata, are solely to be used according to their respective licence agreements. The respective licence agreements are available in the data set entry under the tab “General Terms of Use” in the IDSC Dataverse (https://dataverse.iza.org/).
2. The IDSC Dataverse does not endorse, manage, oversee, control, take responsibility for, or make any representations or warranties for any Dataverse APIs, including third-party Dataverse API applications;
3. The IDSC Dataverse is not responsible for a) any user-uploaded content, format, metadata, or lack thereof; b) representations or warranties made by the user about the user-uploaded content; and/or c) any limitations or restrictions placed on any user-uploaded content by the user, and will not be held liable with respect to the above (i) for any direct damages, or (ii) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever;
4. The IDSC Dataverse will not be liable or held responsible for any losses or damages to you, your affiliates/affiliated institutions, your service/API application, or anything else related to you, caused either in whole or in part by your access to and/or use of a Dataverse API application;
5. The IDSC Dataverse does not oversee, manage, or have any control over, and is therefore not responsible for, any content, services, materials, and information provided by the Dataverse API application;
6. The IDSC Dataverse makes no warranties and/or representations as to the timeliness, accuracy, completeness, reliability, correctness, availability, security, lack of defects/errors, lack of viruses/other harmful components, or overall quality of any content, materials, documents, files, and other information either uploaded or downloaded on the IDSC Dataverse by you or any third party; and
7. The IDSC Dataverse makes no warranties and/or representations as to the accuracy, completeness, correctness, availability, security, and overall quality of anything found on the IDSC Dataverse as accessed through the Dataverse API.
In using the Dataverse API, you shall not:
1. attempt to conceal or otherwise misrepresent your identity or your application’s identity when using or requesting authorization to use the Dataverse API;
2. use the Dataverse API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of data use and distribution, etc.;
3. use an unreasonable amount of bandwidth. The IDSC Dataverse reserves the right to decide what is unreasonable and may, at any time, restrict your access and use of the materials and services on the IDSC Dataverse through a Dataverse API if it deems your bandwidth use is unreasonable;
4. use the Dataverse API in a manner that may impair the functionality, stability, or operation of the IDSC Dataverse servers or adversely impact the behavior of other users or applications using the Dataverse API;
5. use the Dataverse API for or in connection with any malicious programs or code including, but not limited to, adware or spyware;
6. sell, lease, or sublicense datasets or other information found or downloaded from the IDSC Dataverse; and
7. sell, lease, or sublicense Dataverse’s API application software, or access thereto or derive revenues, directly or indirectly, from the use or provision of Dataverse’s API application software.
Modification & Severability of these Terms
The IDSC 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.
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.
Even though the provisions of Section 6 of these terms of use form an integral part of the IDSC terms of use, they can, at any time, be amended or used separately irrespective of the remaining terms of use.
Concluding points
Should any provision of these terms of use be legally ineffective or unenforceable, these terms of use as such and the remaining provisions shall continue to be effective and enforceable. Any ineffective or unenforceable provision shall be replaced by a provision which is as close as possible to the economic result of the legally ineffective or unenforceable provision, and which is legally effective and enforceable and as closely as possible reflects the intent of the Parties to these terms of use at the time of entering into the said terms. The same shall apply in the event of a loophole in these terms of use. Any legal questions arising from or relating to these terms of use, including the question of their effective conclusion and their effects produced in advance or afterwards, shall be governed by German law, excluding its rules of conflict of laws. The parties to these terms of use agree that, in the event of any disputes due to or in connection with these terms of use, including the question of their effective conclusion and their effects produced in advance or afterwards, the court with competence for Bonn, Germany, regarding the subject matter shall be the exclusive place of venue. 53113 Bonn, Germany, shall be the exclusive venue in accordance with the Brussels I Regulation. Germany shall be the place of performance (including in accordance with Brussels I Regulation, Art. 5).
Acknowledgment
We would like to express our gratitude to the Harvard Dataverse and the The Austrian Social Science Data Archive (AUSSDA) for providing terms of use template materials that we used for this documentation. It greatly assisted us in shaping the content.
Latest amendment to the Terms of Use for IDSC Dataverse of IZA: November 24, 2023
