ReShare Legal Documentation

This page contains the terms and conditions for use of the UK Data Service ReShare data repository. The first section applies to data deposit, while section two and three apply to data use (safeguarded and open data respectively).

  1. Deposit terms and conditions
  2. Use terms and conditions for safeguarded data
  3. Use terms and conditions for open access data
  4. Definition of terms

Deposit terms and conditions

By accepting the terms and conditions, I, the Depositor:

  1. Confirm that I am the owner of the copyright and associated intellectual property rights in the whole Data Collection or am otherwise lawfully entitled to grant this licence on behalf of each and every owner.
  2. Confirm that the Data Collection is not and shall be in no way a violation or infringement of any copyright, trademark, patent or intellectual property right whatsoever of any person(s) or organisation.
  3. Grant a non-exclusive, royalty-free licence to the UK Data Archive (a department of the University of Essex and not a separate legal entity) of Wivenhoe Park, Colchester, CO4 3SQ (the “Data Service Provider”) to hold, make copies of, and disseminate copies of the Data Collection, in accordance with the specified access conditions. In the event of the University of Essex ceasing to be a legal entity, this licence will be transferred to the Economic and Social Research Council (ESRC) or its successors.
  4. On my death assign the rights in the Data Collection to the UK Data Archive.

The Depositor shall promptly notify the Data Service Provider via the helpdesk of:

  • any change of copyright ownership affecting the Data Collection;
  • any confidentiality, privacy or data protection issues pertaining to the Data Collection;
  • any change of contact details

The Data Service Provider shall:

  1. Make copies of the Data Collection available for distribution worldwide in an electronic form, for the purpose of free access without charge for research and learning purposes, under the file-level conditions specified by the data owner at the time of deposit: open data files accessible to users without registration, safeguarded data files accessible to registered users of data services provided by the UK Data Archive, or safeguarded data files accessible by permission from the data owner only.
  2. Electronically store, translate, copy or re-arrange the Data Collection to ensure its future accessibility, unless notified by the Depositor that specific restrictions apply.
  3. Not be under any obligation to reproduce, transmit, broadcast or display the Data Collection in the same formats or resolutions as those in which it was originally deposited.
  4. Retain the right to remove all or any part of the Data Collection if it is found to be in breach of the law. A metadata record that cites the Data Collection will remain visible.
  5. Request users publishing any work based in whole or in part on the Data Collection to include a clear reference to the dataset (citation), acknowledging the original data creators, Depositors or copyright holders, as well as the UK Data Archive as publisher.
  6. Not be under any obligation to take legal action on behalf of the Depositor or other rights-holders in the event of breach of any intellectual property rights or any other right in the Data Collection deposited.
  7. Take every care to preserve the physical integrity of the Data Collection but shall incur no liability, either express or implied for the Data Collection or for the loss of or damage to the Data Collection.

Disclaimer

The Data Service Provider will review the Data Collection for disclosure risk and copyright breaches before publishing, and communicate any concerns to the Depositor, so the Depositor can edit files where needed. All numerical data files and at least a 10% random sample of textual data files will be reviewed. Responsibility for anonymising data files remains with the Depositor of the Data Collection.

Although best efforts are made to ensure the anonymity and quality of the Data Collection, neither the original data creators, Depositors, copyright holders or funders, nor the UK Data Archive, bear any responsibility for the accuracy or comprehensiveness of the Data Collection.

Notices

Any notice may be delivered in writing to the address supplied by the Depositor and shall be deemed to have been served when confirmation of receipt is received from the system of the recipient. If no reply is received to a notice under this Agreement, the consent of the recipient will be deemed to have been given after thirty (30) days have elapsed from the issue of that notice.

Use terms and conditions for safeguarded data

Safeguarded data files that are made available to users registered with the UK Data Service are licenced under the UK Data Archive End User Licence conditions. A summary of those Terms and Conditions is provided below, while the full End User Licence can be found on the UK Data Service website.

By accepting the ReShare safeguarded data access terms and conditions, the user will agree:

  1. To use the data files in accordance with the UK Data Service End User Licence.
  2. To use the data files for research and learning purposes only; and not to use the data files for commercial purposes without permission from the Depositor.
  3. Not to further distribute the data files, regardless of the form or medium.
  4. To preserve at all times the confidentiality of information pertaining to individuals, households or organisations in the data files where the information is not in the public domain. Not to use the data to attempt to obtain or derive information relating specifically to an identifiable individual, household or organisation; and not to claim to have obtained or derived such information.
  5. To acknowledge and/or cite in any publication, whether printed, electronic or broadcast, based in whole or in part on the Data Collection, the original data creators, Depositors or copyright holders, as well as the UK Data Archive as publisher, in the citation format specified in the ReShare repository.
  6. To deposit with the data services of the UK Data Archive any Data Collection (partly) created by using the data files obtained from ReShare.
  7. To send the UK Data Service bibliographic details of any published work based on the Data Collections.
  8. That my personal data may be used by the Data Service Provider for internal validation and statistical purposes.
  9. To inform the Data Service Provider of any found errors in the data files after discovery of these.
  10. That the Data Service Provider is not liable for the content or accompanying documentation of the data files, nor for substantive errors or incorrect conclusions based on the Data Collection.
  11. That breach of any of the provisions of this Agreement will lead to immediate termination of my access to all services provided by the Data Service Provider either permanently or temporarily and may result in legal action being taken against me.

Use terms and conditions for open access data

Data files deposited as Open Data are licensed under the Depositors choice of one of two Creative Commons Attribution 4.0 licences:

The Use Terms and Conditions are defined by the selected Creative Commons licence. ReShare emphasise that Creative Commons licences can only be agreed to by the copyright holder(s) and should not be used if there are third party rights holders.

Definition of terms

Data files

The collection of files that comprise the Data Collection. The depositor may apply different conditions of access to different data files.

Data Collection

The data files, metadata and documentation files being deposited.

Data Service Provider

The persons or organisations that directly provide you with the Data Collections (on behalf of the service funder), i.e. the UK Data Archive of the University of Essex, Wivenhoe Park, Colchester, CO4 3SQ.

Depositor

The person or persons placing the Data Collection in the repository.

Non-exclusive licence

The right to hold, distribute and make copies of the Data Collection but not to prevent its use or publication elsewhere.

Open data

Data files licensed for use with an open licence are data that are not personal and have relatively few restrictions to use. Registration is not a requirement for users accessing these data files. Open data will be licensed using a Creative Commons licence.

(UK Data Service) ReShare

Name of new online data repository for ESRC research data, to be launched in April 2014. This data repository enables self-deposit of Data Collections that fall within the UK Data Service curation category of short term management.

Safeguarded data

Data files licensed for use in this category are not personal, but the data owner considers there to be a residual risk of disclosure in the data. Safeguarded data are made available under the UK Data Archive’s End User Licence (EUL) to users that have registered with the data services provided by the UK Data Archive. An additional condition may be applied that permission for access needs to be requested from the Depositor.

Data Catalogue

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