Terms and conditions for data deposit

Terms and conditions for data deposit into Cardiff University’s Research Data Repository.

Cardiff University's Research Data Repository (“Repository”) supports the long-term management of digital material. To undertake this role, the administrators of the Repository, whilst at all times complying with applicable legislation and relevant University policies, need permission to store, copy and manipulate the material you deposit (the "Material") in order to ensure that it can be preserved and made available in the future.

By agreeing to these Terms and Conditions (the "Deposit Terms") you give the University the right to do this, and confirm that you (the "Depositor") has the right to submit the Material to the Repository.

The agreement is non-exclusive, and any existing rights are retained.

1. As Depositor of this Material, you confirm that:

• the Material directly relates to research which has taken place at the University and was obtained or prepared by individuals who were connected to the University at the relevant time (i.e. authored by current or former researchers, research students or staff)
• you give the University the non-exclusive, sub-licensable, worldwide, perpetual and royalty-free licence to use, store, re-produce, archive, translate, copy, re-arrange or convert the Material for preservation, archiving and/or migration purposes and to ensure future accessibility without changing the content and/or communicate, distribute and make available the Material (including the metadata) in electronic format via any medium, including the Repository. You will retain ownership in the Material and are free to deposit the Material in its present version or future versions elsewhere
• the use of the Material will not contravene the rights of any third party e.g. the rights of publishers and research participants’ rights of confidentiality/anonymity
• you are depositing Material that does not contain unnecessary personal data. Any personal data that is included is in a form that does not permit identification and any personal data to be retained indefinitely has a lawful basis in accordance with the principles of the Data Protection Act 2018 and the UK GPDR. You are responsible for the secure retention and/or destruction of any identifiable information collected as part of the Material
• you have, where any submitted material exists for which you do not hold copyright, obtained the permission of the copyright owner to grant the University the rights required to use the Material in accordance with these Deposit and that such third party-owned material is clearly identified and acknowledged within the text or content of the submission
• the Material was generated in accordance with the in University’s Research Integrity and Governance Code of Practice and in accordance with policies of relevant research funders
• the granting of rights under these Deposit Terms does not constitute any breaches of any other agreements
• you will indemnify the University against any legal action arising from the content of the Material
• you have read the Research Data Repository’s Terms of Use and that the Material complies with those terms. You acknowledge that the Terms of Use may be amended from time to time and that the then current terms will apply to the Material
• you are either the sole rights holder of the Material deposited or that you are authorised or have obtained all appropriate consents to allow the use of your Material, such as that from sponsors, fellow authors and research participants
• the use of the Material will not contravene any laws, including but not limited to the law relating to copyright, intellectual property rights, confidentiality, data protection, defamation, or obscenity
• there are no ethical or moral reasons which might prohibit the Material being made publicly available

2. As Depositor of this Material, you understand that:

• you cannot require the return of or that amendments are made to the Material you deposit once it is published, however, it is possible to add an updated version of Material which will be assigned its own metadata and identifier(s)
• for the purposes of preservation and accessibility, the University may translate, copy or re-format the Material, including sharing data with a third-party preservation service
• the University is under no obligation to reproduce, transmit, broadcast or display the Material in the same formats or resolutions as those in which it was originally deposited
• the University may restrict access to or remove the Material without notice if the Material is found to violate the legal rights of any person or organisation or breach University regulations or applicable law
• the University strives to maintain the availability of Material, but for technical, administrative or legal reasons it may be necessary, and the Repository reserves the right, to remove Material without notice. Upon such an occurrence the metadata record indicating storage of Material in the Repository may remain visible in perpetuity
• the University is under no obligation to take or defend legal action on your behalf, or on behalf of any other rights holder(s) if the Material breaches intellectual property rights or is otherwise subject to legal dispute
• metadata for this Material will appear in public catalogues and on the public internet (‘closed’ datasets excluded)
• subject to other conditions outlined in these Deposit Terms, Material will be retained for a minimum period of 10 years, and in line with funder and legislative requirements
• at the end of the agreed retention period, University staff will make reasonable attempts to consult with you or the allocated data steward to determine if access should be continued. In the absence of a Depositor or allocated data steward the University may at its discretion and without informing you delete the Material
• the University may provide controlled access to the Material in conjunction with a third-party service e.g. a service which holds an encryption key for sensitive data to provide an additional layer of security to the data
• whilst the University will endeavour to provide reliable 24-hour access to users of the Repository, outages may occur and the University cannot promise reliability or be liable for unavailability
• whilst the University does employ file integrity checking technology it is possible that Material may become corrupted and the University cannot be liable for such corruption
• access to your Material will be given on user terms that may vary from time to time. The latest version of these user terms (Terms of Use) are available to view
• the University will require users to comply with its user terms of access but it does not promise to police usage and enforce those terms and shall not be liable for end users' use of the Material

3. Cardiff University agrees to:

• grant access to users on end user terms (as may be varied from time to time)
• limit access to the Material in accordance with these Deposit Terms
• endeavour to preserve the physical integrity of the Material
• fulfil applicable statutory obligations relating to data protection legislation, including the exercise of data subject rights under data protection legislation

While every care will be taken to preserve the integrity of the data, the University is not liable for loss or damage to the Material while it is stored in the Repository or any repository to which the Material is subsequently migrated.

The University accepts no responsibility for mistakes, omissions, or legal infringements within the Material.

The Material is distributed by the University without warranty of any kind, either expressed or implied. In no event shall the University be liable for damages arising from their use.

4. Terms of Deposit

1. By default, Material is made openly available to all. Depositors may apply specific access controls in consultation with the University.
2. By default, access to Material is immediate upon approval.
3. During data deposit, Depositors may specify an embargo date before which the Material should not be released.
4. By default, the reuse licence is the CC-BY licence. This license allows users to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use (see more at https://creativecommons.org/about/cclicenses/).
5. Depositors may select an alternative licence or end user agreement in consultation with the University.

These Deposit Terms and all questions of construction, validity and performance under these Deposit Terms shall be governed by English and Welsh law (as at applies in Wales) and shall be subject to the exclusive jurisdiction of the English and Welsh courts.