Melbourne Figshare Digital Repository - Deposit Terms and Conditions

The purpose of these Terms and Conditions is to set out how you may access, use and enjoy the University’s Figshare Melbourne Data Repository and additional functionality made available at figshare.unimelb.edu.au.

These Terms and Conditions should be read together with the University's Privacy Policy which together explain the terms on which you may make use of the Site.

By submitting your Materials for deposit in the University’s Figshare Melbourne Data Repository, you agree to be bound by the following terms and conditions of deposit.

Terms of Agreement

  1. What are "Materials" and the "Repository"?

    2. In this Agreement "Materials" means the content, works, data or other files which are deposited by you into the Repository.

    "Repository" means the digital repository provided by the University of Melbourne for storing and publishing research outputs, including research data, software and code, and Non-Traditional Research Outputs (NTROs). This includes the current Figshare repository as well as any future system that may replace the Figshare repository.

  2. What rights are you granting the University?

    3. You grant to the University a perpetual, non-exclusive, world-wide, royalty-free, sub-licensable licence to:

    1. deposit and store the Materials in the Repository;
    2. enable discovery of the Materials as per the access conditions specified by you. This includes descriptive information about Materials harvestable by third parties to display in their services and search engines;
    3. enable users to access published Materials in conformance with the chosen reuse licence conditions;
    4. ensure the ongoing safety of and access to the Materials by undertaking security changes, back-up, archiving, preservation actions, format/medium changes, or system changes;
    5. create and store a back-up copy of the Materials for security and preservation purposes.
    6. As the licence you grant is non-exclusive, you may continue to deal with the Materials in its present or future version(s).

  3. What do you warrant?

    4. You warrant that:

    1. you are the owner, sole creator, co-creator or custodian of the Materials being deposited, or if not, you have the right to deposit the provided Materials, or alternatively you have obtained the rights and authority necessary to deposit on their behalf, for the purposes set out in clause 2
    2. you are the owner of all intellectual property rights in the Materials or, if you have used any third party copyrighted or intellectual property rights (including the intellectual property rights of any co-authors) in the Materials, you have obtained from that person a perpetual, non-exclusive, world- wide, royalty-free sub-licensable licence to use that copyright work or those intellectual property rights, for the purposes set out in clause 2;
    3. you have the right, power and authority to enter into this Agreement and to grant the University the rights contained in this Agreement;
    4. any additional ownership, custodianship, acknowledgement, intellectual property, obtained rights, arrangements, or licence information are fully acknowledged and clearly disclosed in the description of Material provided, and any appropriate documentation is included with the deposit, and will be updated in the event of any changes;
    5. any additional responsibilities that come with the use of the Materials, beyond institutional data management policies, are included in the description of materials and will updated in the event of any changes;
    6. the University's use of the Materials as contemplated by this Agreement will not breach any person’s intellectual property rights or any other rights;
    7. to the best of your knowledge, any Materials you publish through this service are appropriate for public distribution or sharing (as indicated upon deposit) and does not contain anything which is false, defamatory, unlawful, misleading or deceptive or otherwise breaches any laws.
    8. the Materials are appropriate for the purposes set out in clause 2, does not disclose personal, confidential or sensitive information without written consent of those concerned, or the information has been psuedonymised or anonymised

  4. No obligation to deposit and store

    5. You acknowledge and agree that the University is not obliged to deposit and store the Materials in the Repository unless it is satisfied that you will comply with the terms and conditions of this Agreement or any relevant policies, procedures or standards of the University which are in place from time to time.

  5. University not liable

    6. The University will use reasonable efforts to maintain, preserve, make discoverable and make available these Materials through services or technological means whether existing or to be developed in future. Whilst every care will be taken to maintain the Materials, the University will not be liable for loss or damage to the Materials or other data while it is stored within the Repository.

    The University is not responsible for any corrections, errors, inaccuracies, or omissions that may appear in the deposited Materials or associated descriptions and information.

    The University is not responsible for any unlawful or harmful use of these data by third parties and may elect not to take or defend a legal action.

    You acknowledge and agree that the University is not responsible or liable for any breach of intellectual property rights in the Materials, including any breach of copyright, as a result of the use of the Materials pursuant to this Agreement.

  6. Right to remove

    7. You may at any time request the University to remove the Materials from the Repository.

    The University may, at its absolute discretion, remove the Materials from the Repository. Upon removal of the Materials from the Repository, the licence granted under clause 2 will automatically end. When removing Materials from repository, the University will make reasonable efforts will be made to contact the depositor, owner or custodian using the contact details provided by you.

  7. Do you retain ownership? 

    8. The University acknowledges that the rights granted by you under clause 2 of this Agreement do not amount to the transfer or assignment of any creator rights, ownership rights or intellectual property rights in the Materials to the University. This agreement does not exclude, limit or modify any rights available to creators, owners, custodians, the University or other parties under relevant copyright and intellectual property laws, statutes and policies, or other obligations.

  8. Governing law

    9. The law of Victoria applies to this Agreement. You agree that if there is any dispute in connection with this Agreement, a Victorian court may hear the matter.

  9. Notification

    10. You agree to send notification to the Repository in the event of a required change if the change cannot be made yourself. This includes the need to disclose changes in custodian, acknowledgements, rights, responsibilities, or obligations relating to the Materials, or requests for the Materials to be disposed of, destroyed, or removed.

  10. Orphaned Material

    11. The University may assume responsibility and authority for decisions on Materials in the Repository that are considered “orphaned”.

    Materials will be considered “orphaned” if the depositor, owner or custodian cannot be contacted after a period of two months from the initial contact attempt using the contact details provided by you.

  11. Retention requirements for Materials

    12. By default, Materials stored in the repository will be stored by the depositor indefinitely. You may nominate a specific retention period for the Materials to be stored, however it is your responsibility as the depositor to remove the Materials from the repository at the end of the nominated retention period. As per Clause 6, the University will not undertake any action on the Materials (such as removal) without first notifying you as per Clause 6.