Data Deposit Terms

The following terms and conditions govern all use of the IQSS Dataverse website (http://dvn.iq.harvard.edu) (the Site) and the services available on or at the Site (taken together, the Service). The Site is owned and operated by IQSS, of Harvard University (IQSS). The Service provides you with the ability to post User Submissions (the "Materials") to virtual archives (the "Archive") administered by third parties (the "Archive Administrators") subject to the permissions and terms of use required by that Archive.

By electronically signing these Terms and Conditions and clicking the "I AGREE" button below, you agree that these Terms and Conditions apply to all Materials that you post to the Service:

  1. You represent and warrant to IQSS that you are lawfully entitled and have full authority to license IQSS and the Archive to use the Materials in the ways described in these Terms and Conditions and that you are not under any obligation or restriction created by law, contract or otherwise that would prevent you from entering into and fully performing these Terms and Conditions;
  2. You give permission and any required licenses to IQSS and the Archive to store and backup the materials;
  3. The Materials do not violate any laws, including but not limited to laws related to defamation or obscenity;
  4. The Materials 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 other of any third party.
  5. The Materials do not contains 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 or other information of IQSS or any third party.
  6. If human subjects were studied in the collection of the Materials, you collected the Materials with IRB approval;
  7. The Materials does not contain high-risk confidential information such as social security numbers; credit card numbers; medical record numbers; health plan numbers; other account numbers; certificate/license numbers; or biometric identifiers (fingerprints, retina, voice print, DNA etc.).
  8. You acknowledge that IQSS will not be liable for any loss of or damage to the Materials, either in whole or in part.
  9. The Service gives the Archive Administrors the ability to restrict access to Materials to specified user accounts ("Restricted User Submissions"). Third-Party Dataverses may also choose to restrict certain User Submissions in accordance with their own terms of use of use. All other User Submissions shall be deemed Unrestricted. By posting Unrestricted User Submissions on or at the Site, or otherwise through the Service, to your Dataverse or other Dataverses, or by allowing others to do so, you make the following representations and warranties to IQSS and to the administrator of that Dataverse:
    1. The User Submissions do not contain information that could directly or indirect directly or indirectly, identify subject except where the release of such identifying information has no potential for constituting an unwarranted invasion of privacy and/or breach of confidentiality. And for all personally-identifiable information in the data at least one of following conditions applies:

       

      1. This information has been previously released to the public;
      2. this information describes public figures, where the data relates to their public roles or other non-sensitive subjects;
      3. a sufficient length of time has passed since the collection of the information so that the data can be considered "historic";
      4. all identified subjects have given explicit informed consent allowing the public release of the information in the dataset;
      5. all information was collected with an explicit statement concerning the public nature of the data, such as information collected for governmental regulatory purposes;
      6. or, for federal records (data created by a U.S. federal government agency or under a federal contract) only, all identified subjects are deceased and no federal statute explicitly restricts the release of the data
    2. You give permission and any required licenses to IQSS to make the Content available for archiving, preservation and access, within the Data Preservation Alliance for the Social Sciences ("Data-PASS") through the Data-PASS terms of use (available from:http://www.murray.harvard.edu/files/murray/datapass-murray.pdf). Including, without restriction permission to:
      1. To redisseminate copies of the Data Collection in a variety of distribution formats according the standard terms of use of IQSS Dataverse Network
      2. To promote and advertise the Data Collection in any publicity (in any form) for Data-PASS and the IQSS Dataverse Network
      3. To describe, catalog, validate and document the User Submissions
      4. To store, translate, copy or re-format the Data Collection in any way to ensure its future preservation and accessibility; improve usability and/or protect respondent confidentiality
      5. To incorporate metadata (cataloging information) or documentation in the User Submission into public access catalogues
  10. You shall not provide IQSS with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. IQSS does not endorse and has no control over any User Submission.
  11. You will indemnify and hold IQSS and from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court costs, arising from the i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
  12. You may not use the name "Harvard" (alone or as part of another name) in advertising or promotional materials without the Archive's prior written approval.
  13. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes under these Terms and Conditions will be resolved in the applicable state or federal courts of Massachusetts. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.