Figshare: Terms and Conditions

Terms and conditions

These terms (the “Terms“) describe the rights and responsibilities that apply to use of the website https://novasbe.figshare.com and associated domains (the “Site“), and the products and services made available in connection with the Site (together with the Site, the “Service” as further defined below). Please read them carefully. By accessing or otherwise using the Site or any other part of the Service, you agree to be bound by these “Terms” as part of a legally binding contract.

Some Introductions

About Us

The Service is operated by https://novasbe.figshare.com and NOVA SBE.

About You

If you agree to these Terms as an individual, you must be at least 16 years old and otherwise of legal age to form a binding contract. If you are acting on behalf of an institution, business, organization, agency or other entity (an “Organization”), you must ensure that: (i) you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization, and (ii) any individual or entity to whom you provide access to the Service is made aware of and complies with these Terms. In that case, “you” and “your” in these Terms shall refer to the Organization you represent.

About the Research Objects on the Service

Parts of the Service are used to make research outputs available in a shareable and discoverable way. If you access, via the Service, research objects or other Content deposited by a user or originating from a public third-party resource (“Published Content“), you expressly acknowledge that nothing in these Terms transfers or grants you any licence or right in respect of that Published Content, but without prejudice to any licence or right granted to you by the relevant rightsholder (“Published Content Licence“).

Details of the Published Content Licence for a particular item of Published Content are typically referenced in the associated metadata and/or listed on the page on which the Published Content is displayed and, for example, may be in the form of a creative commons license. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, or licence terms / restrictions, used in relation to any Published Content.

NOVE SBE does not review the content of any Published Content and specifically excludes (without limitation) any warranty regarding the scientific accuracy, completeness or quality of the information contained in the Published Content. You acknowledge all Published Content is accessed, used and relied upon entirely at your own risk and you will be solely responsible for any loss or liability that may arise from the same.

For purposes of these Terms, the term “Content” includes any data or dataset, text or article, figure, image, software, code, script, graphic or interactive feature, or any other resource, information or content.

About the Service

You acknowledge that the Service (excluding the Published Content) is owned by or licensed to NOVA SBE and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties (“Proprietary Rights”). In particular, you acknowledge that the Site and other parts of the Service, including its underlying databases, are protected by copyright as collective works and/or compilations pursuant to copyright and database laws.

Nothing in this Agreement shall operate to transfer any Proprietary Rights in any part of the Service or give rise to any implied rights. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to any Content or other part of the Service.

Reference to the “Service” in these Terms includes associated documentation and APIs, and other sites that refer to these terms, operated by or on behalf of NOVE SBE, together with the Content made available on or via any other part of the Service, as the context permits.

Using the Service

Acceptable Use

Without prejudice to any Published Content Licence or Contract, the Service is provided only for your personal, non-commercial research purposes, at all times subject to these Terms. You shall not otherwise use any part of the Service without the prior and express written agreement of https://novasbe.figshare.com.

By way of example, and not as a limitation, you shall not, do or assist, encourage or permit any person to do any of the following in respect of any part of the Service:

  • copy, save to the extent necessary for viewing the Content in your browser or where specifically made available for download, for that purpose;
  • distribute, give or allow access to or otherwise make available to any other person, or frame, mirror, overlay, or employ other technologies used to enclose, display or similar;
  • modify, translate, adapt or create derivative works;
  • sell, rent, lease, license, loan, commercialize or use for the benefit of any other person nor in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or that result in developments that are used for such activities. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”, run any form of auto-responder or “spam” or use in connection with any unsolicited communication, advertising or similar;
  • use in connection with any search functionality, or to otherwise power any products / apps / tools / systems, accessed by or on behalf of any other person;
  • attempt to bypass any measure intended to prevent or restrict non-authorized use, make use of any means of access not made available for that purpose (including via accounts, computer systems or networks connected to the Service) or probe, scan, or test for vulnerabilities;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given NOVA SBE prior notice;
  • use any manual or automated means, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider or mine, except those expressly authorized by NOVA SBE in advance in writing.

Additionally, you must not take any action that imposes or may impose (as determined by NOVA SBE in its sole discretion) an unreasonable or disproportionately large load on NOVA SBE (or its third party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of the Service or any activities conducted on the Service. Without limiting that discretion, NOVA SBE may determine unreasonable usage by comparing your activity for any given period against the average for all equivalent users of the relevant part of the Service.

Registration

You may browse the Site without registering, but as a condition to using certain parts of the Service, for example to deposit or publish Content, you may be required to register with https://novasbe.figsh.com and select a password and user name (“User ID“). You must not: (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive or obscene. NOVA SBE reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (i) impersonate or try to impersonate another person; (ii) disclose your password to anyone else; (iii) allow anyone else to use your account; or (iv) use anyone else’s account. You must immediately notify NOVA SBE in writing of any unauthorized use of your account, or other account related security breach of which you become aware.

You represent that all information you provide is accurate and truthful and that you will maintain the accuracy and truthfulness of such information by any feature we make available for that purpose or otherwise by notifying NOVA SBE in writing.

Personal Accounts at figshare.com

Individuals may register personal accounts at https://novasbe.figshare.com (“Personal Accounts“) to use for their personal, non-commercial research purposes. If you register a Personal Account, you should only deposit your own research to that account, and only publish Content that you are free to publish, after any embargo period has expired and always in accordance with the requirements of any funding. You must also comply with the “User Submissions” section below.

Custom Figshare Portals

Figshare operates and supports custom Figshare portals (“Portal”) to help organizations make their research outputs available in a citable, shareable and discoverable manner. Portals may be hosted on a subdomain of figshare.com or a separate URL.

If you belong to or are otherwise associated with an Organization (“Portal Owner“) that has its own Portal, you may be able to register an account that is linked to that Portal. YOU EXPRESSLY ACKNOWLEDGE THAT THE PORTAL OWNER WILL HAVE CERTAIN ADMIN RIGHTS OVER SUCH AN ACCOUNT AND ACCESS TO / CONTROL OVER THE DATA YOU PROVIDE AS PART OF THE ACCOUNT REGISTRATION PROCESS (“ACCOUNT DATA“) AND CONTENT YOU DEPOSIT TO THE PORTAL. For example, the Portal Owner may enable or disable your access to the Portal, track usage, and configure deposit and publication settings. Accordingly, you should review the Portal Owner’s policies before depositing Content and otherwise using a Portal. While such policies do not form part of these Terms, by using any part of a Portal that requires registration, you agree with the Portal Owner to comply with them. You must also ensure that the Portal Owner is authorized and otherwise free to lawfully host and otherwise use any Content you deposit as contemplated. If you have any questions about those policies, you should discuss them with the Portal Owner. In addition to those policies, you must comply with the “User Submissions” section below.

If a Portal Owner chooses to close a Portal, typically you will have the option to transfer your Content to a Personal Account, although this may depend on the terms of Figshare’s contract with the Portal Owner. Notwithstanding, Content that has been published via a Portal may continue to be publicly accessible at figshare.com and other sites on an indefinite basis.

Privacy Policy

For information on how https://novasbe.figshare.com collects, processes and uses your personal information, please refer to the privacy policy at https://novasbe.figshare.com

User Submissions

What’s a User Submission?

The Service may provide you with the ability to deposit, create, store, distribute, publish or otherwise submit (“Submit” or similar) Content on or to the Site or otherwise using the Service (collectively, the “User Submissions“). Without limiting the foregoing, User Submissions may be Submitted when you: (i) upload or import content, (ii) synchronize content such that the Service stores or “mirrors” content, (iii) add comments, edits or annotations, or (iii) share with another person any content, whether by email or other means.

Ownership

Nothing in these Terms transfers ownership of any Content from you to https://novasbe.figshare.com, so you must ensure that https://novasbe.figshare.com is authorized and otherwise free to lawfully host and otherwise use any User Submission as envisaged by these Terms or the relevant Service. You also agree to provide such information as https://novasbe.figshare.com may request to demonstrate that you own or otherwise control all rights required to make any Submission in accordance with these Terms and to grant the rights envisaged.

For clarity, these Terms do not grant NOVA SBE any rights to Submissions beyond those required to operate, support and otherwise provide the Services, or as otherwise specified. You understand that such User Submissions, and those that you may have chosen to share, will be accessed by individuals or entities that NOVA SBE does not control.

Content You Must Not Submit

You shall ensure that no part of any User Submission: (i) violates, infringes or makes unauthorised use of any Proprietary Rights (ii) is defamatory, derogatory, discriminatory or violates any rights of privacy (iii) breaches, causes the breach, or promotes or encourages the breach of, any applicable law (iv) contains a virus, malware or other potentially harmful component, information or instructions (v) is indecent, obscene, offensive, abusive, sexually explicit, violent or pornographic (vi) contains educational records, health or other sensitive personal, highly classified or regulated information or personal information of others, or which you are not authorised to upload, publish or share (vii) is fraudulent or known to be false or misleading or (viii) could result in any claim or action against NOVA SBE or affiliates, or damage their goodwill or reputation in any way.

Removal Rights

NOVA SBE shall have no obligation to review any User Submissions, whether private or public, which you acknowledge are the sole responsibility of the person(s) that made the Submission. While NOVA SBE is not responsible for any User Submission, it reserves the right, without notice, at its sole discretion and without liability, (i) to alter, delete or block access to content that it deems to be inappropriate or insufficiently protected, and (ii) to restrict or remove User access where it considers that use of https://novasbe.figshare.com interferes with its operations or violates these Terms of Use or applicable laws (including upon receipt of claims or allegations from third parties or authorities relating to such User Submission or if NOVA SBE is concerned that the Submission otherwise breaches these Terms).

General

Changes to the Service

https://novasbe.figshare.com reserves the right, at its sole discretion, to change, suspend, or discontinue any part of the Service at any time without notice to you. This may involve the removal of any Content from the Service.

Changes to these Terms

https://novasbe.figshare.com reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service following the posting of any changes to the Site or otherwise notified to you constitutes acceptance of those changes.

Third Party Sites

If any part of the Service is made available on or through other websites or other resources on the Internet and or includes links to such resources, or other websites or resources contain links to any part of the Service, this is done for convenience only and any access to, use of and/or reliance upon such resources is done entirely at your own risk and NOVA SBE disclaims all liability arising therefrom.

Termination

NOVA SBE may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of information associated with your account, including User Submissions. Upon termination, all rights granted under this Agreement shall terminate and you shall immediately stop using the Service. If you wish to terminate your account, you may do so by following instructions available on the relevant part of the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY, CONDITION OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES OR ERROR-FREE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOVA SBE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY SITE LINKED TO THE SERVICE. NOVA SBE will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on NOVA SBE equipment, transmitted over networks accessed by the Site, or

Getting in touch

Your Feedback

Feedback, suggestions or other comments, about the Services are welcome. Please keep in mind these may be used and disclosed without any obligation to you.

Contact

If you have any questions about these terms or any part of the Service, please email us at library@novasbe.pt or write to us at our registered address at:

Library
Rua da Holanda 1
2775 – 405
Carcavelos
Portugal