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terms_of_use [2021/03/18 11:16] birgitterms_of_use [2023/03/31 12:08] (current) pgrobe
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-====== Terms of Use for ZFMK Biodiversity Datacenter (ZFMK-BDC) ======+====== Terms of Use for LIB Biodiversity Datacenter ======
  
 ==== 1 Scope of application ====  ==== 1 Scope of application ==== 
-These terms of use govern the provisions of the services and the use of these services offered through the ZFMK-BDC to their users. + 
-The ZFMK-BDC is run by the Biodiversity Informatics section at ZFMK and gives access to a wide range of digitized data from species-related biodiversity research. +These terms of use govern the provisions of the services and the use of these services offered through the LIB Biodiversity Data Center to their users. 
-This material is provided to ZFMK-BDC by a large number of contributing researchers and institutions. ZFMK-BDC strives to make all published resources available for re-use. As part of this, all metadata (textual information on digitized research data) is published without any restrictions on re-use. Most other material, such as the data, is clearly labelled with rights statements that indicate if and under which conditions it can be re-used.  + 
-All accessible information made available through the ZFMK-BDC’s publication tools may be used free of charge for private, educational, research, or other non-commercial purposes, provided that the source and copyright holder are named. Any commercial use requires the consent of the copyright holder. +The LIB Biodiversity Data Center is run by the Biodiversity Informatics section at LIB and gives access to a wide range of digitized data from species-related biodiversity research. 
 +This material is provided to the LIB by a large number of contributing researchers and institutions. LIB Biodiversity Data Center strives to make all published resources available for re-use. As part of this, all metadata (textual information on digitized research data) is published without any restrictions on re-use. Most other material, such as the data, is clearly labelled with rights statements that indicate if and under which conditions it can be re-used.  
 +All accessible information made available through the LIB Biodiversity Data Center’s publication tools may be used free of charge for private, educational, research, or other non-commercial purposes, provided that the source and copyright holder are named. Any commercial use requires the consent of the copyright holder. 
  
 ====  2 Metadata ====  ====  2 Metadata ==== 
-All metadata available on ZFMK-BDC are published free of restrictions, under the terms of the Creative Commons CC0 1.0 Universal Public Domain Dedication.+ 
 +All metadata available on LIB Biodiversity Data Center are published free of restrictions, under the terms of the Creative Commons CC0 1.0 Universal Public Domain Dedication.
  
 ====  3 Data ==== ====  3 Data ====
-The data that are available from ZFMK-BDC can only be used in accordance with the rights information displayed alongside them (i.e. the license(s) on the data). If there is no rights information displayed alongside a preview, these data may only be used in accordance with the applicable copyright laws. However, in the latter event, please refer to the website of the data provider to find out whether other types of use are also allowed.+ 
 +The data that are available from LIB Biodiversity Data Center can only be used in accordance with the rights information displayed alongside them (i.e. the license(s) on the data). If there is no rights information displayed alongside a preview, these data may only be used in accordance with the applicable copyright laws. However, in the latter event, please refer to the website of the data provider to find out whether other types of use are also allowed.
  
 ====  4 Notice and Take down ==== ====  4 Notice and Take down ====
-The data providers have ensured ZFMK-BDC that the owners of the rights on the data deposited have agreed to the publication of their works under the applicable conditions as referred to above. However, ZFMK-BDC cannot guarantee that this is always correct. If you think that anything published infringes your rights, you may report this to ZFMK-BDC by emailing zfmkdatacenter@leibniz-zfmk.de.+ 
 +The data providers have ensured LIB Biodiversity Data Center that the owners of the rights on the data deposited have agreed to the publication of their works under the applicable conditions as referred to above. However, LIB Biodiversity Data Center cannot guarantee that this is always correct. If you think that anything published infringes your rights, you may report this to LIB Biodiversity Data Center by emailing LIBdatacenter@leibniz-LIB.de.
  
 ====  5 Liability Disclaimer ==== ====  5 Liability Disclaimer ====
-ZFMK-BDC does not guarantee the accuracy or completeness of the published content.  + 
-Except to the extent required by applicable law, in no event will ZFMK-BDC be liable on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of the use of the published content. In particular, it will not be liable for the following:  +LIB Biodiversity Data Center does not guarantee the accuracy or completeness of the published content.  
-Accuracy, completeness, etc. of the published content; Any infringement of privacy, publicity or other rights, including infringement of copyrights to metadata, data or other content made available by ZFMK-BDC under conditions that were not approved by the right holder; Any use by third parties that goes beyond the rights expressed in these terms of use.+ 
 +Except to the extent required by applicable law, in no event will LIB Biodiversity Data Center be liable on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of the use of the published content. In particular, it will not be liable for the following:  
 +Accuracy, completeness, etc. of the published content; Any infringement of privacy, publicity or other rights, including infringement of copyrights to metadata, data or other content made available by LIB Biodiversity Data Center under conditions that were not approved by the right holder; Any use by third parties that goes beyond the rights expressed in these terms of use.
  
 ==== 6 Termination of Use ==== ==== 6 Termination of Use ====
-ZFMK-BDC 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 of ZFMK-BDC.  
  
-The termination of usage does not include the deletion of research contents of the user already published via ZFMK-BDC 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 ZFMK-BDC is entitled to charge the costs incurred.+LIB Biodiversity Data Center 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 of LIB Biodiversity Data Center.  
 + 
 +The termination of usage does not include the deletion of research contents of the user already published via LIB Biodiversity Data Center 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 LIB Biodiversity Data Center is entitled to charge the costs incurred.
  
 ==== 7 Amendment of the Terms of Use ==== ==== 7 Amendment of the Terms of Use ====
-ZFMK-BDC is entitled to amend or supplement the provision of these terms of use at any time with effect for the future, if this is required due to legal or functional adaptations of  ZFMK-BDC services, for example in the case of technical changes. + 
-An amendment or supplement shall be notified to the user by e-mail at the latest six weeks before its entry into force, without the need to send the details of the amended or supplemented conditions or the overall revision of the conditions; it shall suffice to inform the user of the amendments and supplements made. In the announcement, ZFMK-BDC will provide a link under which the new version of the terms of use can be viewed in its entirety.+LIB Biodiversity Data Center is entitled to amend or supplement the provision of these terms of use at any time with effect for the future, if this is required due to legal or functional adaptations of  LIB Biodiversity Data Center services, for example in the case of technical changes. 
 +An amendment or supplement shall be notified to the user by e-mail at the latest six weeks before its entry into force, without the need to send the details of the amended or supplemented conditions or the overall revision of the conditions; it shall suffice to inform the user of the amendments and supplements made. In the announcement, LIB Biodiversity Data Center will provide a link under which the new version of the terms of use can be viewed in its entirety.