Terms of Use

Jülich DATA is a research data repository for archiving and publication of research and educational output of Forschungszentrum Jülich GmbH or that of Cooperation Partners, operated by Forschungszentrum Jülich GmbH. It provides different services, i. e. uploading and downloading data as well as searches within and viewing metadata information. The system is operated in the sense of the FAIR principles.

Access to published Jülich DATA content, at least to its metadata and contact details, is permitted for the general public. Use of Jülich DATA and/or Jülich DATA - Training (both referred to as “Jülich DATA” or “Jülich DATA platform” below) implies agreement with the following Terms of Use, the Mode of Access, and the Privacy Policy.

Within the following text, the usage of “singular they” creates more inclusive language.

Registration

  1. In order to use the services of Jülich DATA, the User will be required to register and provide the following data (“login data”): email address, first and family name and a unique password. Optionally the following additional data may also be provided to allow easier communication: organization / affiliation (e. g. research institution), position and telephone number.
  2. There is no claim to the use of the services of Jülich DATA. Forschungszentrum Jülich GmbH reserves the right to reject the User registration on a case-by-case basis without giving reasons, as well as to delete an existing User Account in the event of a violation of the Terms of Use.
  3. Each User agrees to these Terms of Use by placing the check mark in the “I have read and accept the Terms of Use” box when setting up their account. The following Terms of Use apply exclusively to the business relations between Forschungszentrum Jülich GmbH and the Users.
  4. Each User is obliged to treat their personal access data confidentially and protect them from access by unauthorized third parties. In particular, the transfer of access data to third parties without the consent of Forschungszentrum Jülich GmbH is prohibited. The User shall immediately notify Forschungszentrum Jülich GmbH of any unauthorized use of the login-data or any other breach or threatened breach of the security of the Jülich DATA platform.
  5. If the User breaches these obligations and their login-data is used by third parties, the User is liable for all activities that take place using the login data. The User is not liable if he/she is not responsible for the abuse of the login data. In case the User is an employee of Forschungszentrum Jülich GmbH, the limitations of liability under labour law and the employment contract shall prevail.

Rights and Obligations of Users

  1. The User must refrain from any activity that could impair the operation of the Jülich DATA platform or the technical infrastructure behind it.
  2. Should there be any disruptions in the use of the platform or its functionalities, the User shall inform Forschungszentrum Jülich GmbH of this disruption immediately. The same applies if the User obtains information about content published by third parties which obviously violates applicable law or the rights of third parties.

Rights and Obligations of Uploader

  1. Content may be uploaded, extended, or changed by authorized Users of the Jülich DATA platform (”Uploader”).

  2. Forschungszentrum Jülich GmbH does not assume any responsibility for the uploaded contents – no matter what kind. The Uploader is solely responsible for the contents and must therefore ensure that the content complies with German national law, morality and these Terms of Use, is free form third-party rights, i. e. does not violate the rights of third parties, in particular personal rights, copyrights, trademark rights and design rights, and that the User is authorized to use these contents.

  3. In addition, where data that was originally sensitive personal data is being uploaded for open dissemination through Jülich DATA, the Uploader shall ensure that such data is either anonymised to an appropriate degree or fully consent cleared.

  4. The operators of Jülich DATA may reject content that does not meet basic metadata requirements, in particular if contact information of the content creators is missing. The operators may reject uploads that are too large or consist of too many single files.

  5. By submitting content and metadata to the Jülich DATA platform, the Uploader

    1. grants Forschungszentrum Jülich GmbH a royalty-free, irrevocable, transferrable, non-exclusive, spatially and temporally unlimited right to use the content, including abstract and metadata, for the purpose of the Jülich DATA services.

      This includes in particular the right to make the work, including the abstract and metadata, publicly accessible through Jülich DATA and to make the necessary reproductions, in particular to store the work and/or the abstract and metadata in electronic databases and to make it available to a large number of users by means of digital or other transmission technology, whether in the context of services that require retrieval by the User or in services where use is at the initiative of the repository, including all transmission paths (cable, radio, satellite, etc.) and protocols (TCP/IP, HTTP(S), WAP, HTML, XML, etc.), as well as to reproduce and distribute the Work by print-on-demand in paper form or on other storage media (CD‑ROM, CD‑I, e‑book, etc.).

      Forschungszentrum Jülich GmbH may transfer the rights granted by these Terms of Use to third parties and grant simple rights of use to other repositories, without the separate consent of the Uploader.

    2. publishes the contents under the Creative Commons license CC0 for metadata and CC-BY or CC0 for data, unless the Uploader specifies other open-access-license terms in the metadata. Once a license has been issued, it cannot be changed retroactively.

    3. declares to be entitled to the granting of rights of use according to sections a) and b) above and assures in particular that the content submitted is free of third party rights which are contrary to the use for the purpose of this terms of use and comply with German national law, morality and these Terms of Use.

  6. In case third parties or other Users assert a claim against Forschungszentrum Jülich GmbH due to possible infringements of copyrights or exclusive rights of use, which result from culpably wrong information of the Uploader regarding the non-existence of rights of third parties or other circumstances for which they is responsible, the Uploader undertakes to indemnify Forschungszentrum Jülich GmbH from any such claim, including claims for damages, and to reimburse the costs incurred by Forschungszentrum Jülich GmbH due to the possible infringement. In particular, Forschungszentrum Jülich GmbH is released from the costs of the necessary legal defence. This does not apply if the infringement is due to an intentional or grossly negligent conduct of Forschungszentrum Jülich GmbH and the Uploader is not culpable of the same degree of intent or gross negligence. In the latter case, the damage shall be apportioned taking into account in particular the share of culpability.

  7. Forschungszentrum Jülich GmbH may delete some or all the contents the Uploader uploaded on the Jülich DATA platform without notice, if there are concrete indications that the Uploader has violated applicable law, good morals, these Terms of Use or third party rights.

Rights and Obligations of the Content User

  1. By downloading the research content, the Content User assumes full responsibility for the use of the data. They is obliged to comply with the license terms of the corresponding data set as set out in the metadata, German privacy regulations and good scientific practice.

    Therefore, the Content User shall indemnify and hold Forschungszentrum Jülich GmbH harmless against claims in connection with their download and/or use.

  2. Forschungszentrum Jülich GmbH is entitled at its own discretion to technically limit the retrieval and download of research contents through those interfaces of the Jülich DATA platform, which means in particular:

    • Requests significantly beyond the average number of access attempts per time unit by other users of Jülich DATA or
    • mass download of metadata and associated data e. g. for the purpose of content duplication or
    • the use of automated systems to extract data from the Jülich DATA web pages for commercial purposes except for keeping web search indexes up to date.

Data Protection and Data Processing

Forschungszentrum Jülich GmbH collects and processes data of the Users in order to provide its services according to the contract of use as described in the Privacy Policy.

Liability

  1. Forschungszentrum Jülich GmbH 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 Jülich DATA interferes with its operations or violates these Terms of Use or applicable laws.

  2. Forschungszentrum Jülich GmbH does not guarantee that the Jülich DATA platform is compatible with the hardware and software of the devices of the User. In addition, Forschungszentrum Jülich GmbH does not guarantee that this content is available at any time or at certain times without restriction or that it meets certain performance or functional requirements.

  3. Those contents available on the Jülich DATA platform provided by Forschungszentrum Jülich GmbH were created with best care and attention and will be updated on a regular basis. Forschungszentrum Jülich GmbH does not accept any liability for the quality, topicality or completeness of the contents provided by Forschungszentrum Jülich GmbH offered on the Jülich DATA platform and their suitability for specific purposes. Liability claims which refer to material and/or non-material damage, which are caused by the use or disuse of the offered contents provided by Forschungszentrum Jülich GmbH on the Jülich DATA platform respectively the use of inaccurate and incomplete contents are excluded, insofar as there is no evidence of willful or gross negligence on the part of Forschungszentrum Jülich GmbH. All offers are non-binding and without obligation. For damages resulting from slightly negligent violations of essential contractual obligations, the liability is limited to typical or foreseeable damages.

    Forschungszentrum Jülich GmbH is liable for damages resulting from injury to life, body or health, which are based on a willful and negligent breach of duty, as well as for damages according to the Product Liability Act without limitations.

  4. Forschungszentrum Jülich GmbH is not liable for damages whose causes are beyond its control, in particular not for damages due to force majeure or for damages caused by Users or third parties in violation of these Terms of Use.

Miscellaneous Terms

  1. Forschungszentrum Jülich GmbH and the User may terminate the user relationship at any time, without the need for a reason. The User may terminate the user relationship by discontinuing the use of the services via the Jülich DATA platform. Upon termination the User no longer has access to their user account and the uploaded contents in the User Account; Forschungszentrum Jülich GmbH reserves the right to delete the account as well as the uploaded contents.

    The termination of usage does not include the deletion of research contents of the User already published via the Jülich DATA platform except for the case that the User revokes the rights on the basis of § 42 UrhG (the work no longer corresponds to the conviction of the author); in this case Forschungszentrum Jülich GmbH is entitled to charge the costs incurred.

  2. These Terms of Use are subject to change by Forschungszentrum Jülich GmbH at any time with effect for the future. For this, posting the updated Terms of Use on the Jülich DATA website is sufficient.

  3. Should any provision of these Terms of Use be or become ineffective, this shall not affect the validity of the remaining provisions.

  4. These Terms of Use are governed and construed under the laws of the Federal Republic of Germany.