LEGACY WEBSITE & COLLEGE DIGITAL ARCHIVES TERMS OF USE ("OPEN DATABASE")

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COLLEGE DIGITAL ARCHIVES TERMS OF USE ("CLOSED DATABASE")

A. Acceptance of Terms of Use

The Yale-NUS College Digital Archives website (“Digital Archives”) is owned and maintained by Yale-NUS College (“College”), an autonomous college established within the National University of Singapore (“NUS”).

Access to and/or use of the Digital Archives is permitted to the NUS and the College’s staff, students, alumni and members of the public (collectively “Users” and individually a “User”) and subject to the terms of use herein (“Terms of Use”).

By accessing the Digital Archives, you confirm that you are a permitted User and that you accept the Terms of Use in full. If you do not agree with the Terms of Use or any part thereof, you should discontinue access to (and use of) the Digital Archives immediately.

 

B. Use of Digital Archives

1.      The Digital Archives may be used for academic, research, or co-curricular purposes only. No other use is allowed without the prior written permission of the College.

2.      Users are prohibited from accessing or using the Digital Archives for or on behalf of another person/entity.

3.      Any use of the Digital Archives that breaches any applicable laws, or the College’s/NUS’ rules and regulations is strictly prohibited.

4.      NUS’ Privacy Notice (https://www.nus.edu.sg/ormc/personal-data-protection/nus-data-protection-policy) and its legal information and notices relating to its websites (https://nus.edu.sg/legal-information-notices) are incorporated and shall be deemed to form part of the Terms of Use. All references to “this Web-site”, “this website” or “NUS website” therein shall be deemed to include reference to the Digital Archives.

5.      The Digital Archives include and/or incorporate content belonging to the College (“Yale-NUS Content”). Apart from viewing and using the Yale-NUS Content for the purposes permitted under the Terms of Use, no part of Yale-NUS Content may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcasted, stored (including storage in any medium by electronic means, whether or not transiently) for any other purpose without the College’s prior written permission.

6.      All Yale-NUS Content is provided “as is”. The College has used all reasonable endeavours to ensure that Yale-NUS Content posted on the Digital Archives is correct at the time of posting. However, the College gives no warranty and accepts no responsibility or liability for the accuracy or the completeness of the Yale-NUS Content for any purpose whatsoever. No reliance should be made by any User on the Yale-NUS Content so posted and the User should independently verify the accuracy and completeness of any such content accessed or used.

7.      All copyright in the content and materials in the Digital Archives belongs to the College and/or NUS unless otherwise indicated.

8.      The College’s and NUS’ logos, crests and name are trademarks or registered trademarks of the College and/or NUS. The College and NUS have policies governing the use of their names (including the names of their programmes) and trademarks; and use, reproduction, copying or redistribution of the same without the College’s and/or NUS’ prior written permission is prohibited. Other names or marks appearing in the Digital Archives that are not owned by the College/NUS are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No licence or right is granted to Users by implication, estoppel or otherwise to the use of any such third party names or marks.

9.      The College’s name and trademarks should never be removed from pages on which they originally appear and webpages from the Digital Archives should always appear exactly as posted without variation, unless the College’s prior written approval for such variation was obtained.

10.   Users are responsible for maintaining the security of their individual accounts on the Digital Archives, and for any activity or content in connection with their accounts. Users must immediately notify the College of any unauthorized uses or any breaches of security.

11.   Users may not use the Digital Archives in connection with any commercial endeavours, including but not limited to the sale and purchase of goods and services as a business. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from a User’s profile or web-space without notice. Any commercial use may result in the suspension or termination of the User’s access and/or use of the Digital Archives. The College’s decision on what constitutes commercial use shall be final.

12.   Users shall not collect usernames and/or email addresses of other Users by electronic or other means.

13.   Users agree not to:

a.      use the Digital Archives to impersonate any person or entity;

b.      use the Digital Archives to transmit chain letters, junk emails or other form of spam to other Users;

c.      use the account, username, or password of other Users;

d.      disclose their passwords to any third party and/or permit any third party to access their accounts;

e.      use information obtained from the Digital Archives for any objectionable purposes, including but not limited to harass, abuse or harm any individuals;

f.       interfere with or disrupt the Digital Archives, or the servers, networks or other infrastructure connected to the Digital Archives or disobey any requirements, procedures, policies or regulations of networks connected to the Digital Archives;

g.      use the Digital Archives to undermine the security of, tamper with or access the College’s or NUS’ IT resources, or attempt to do any of the same, for example by ‘cracking’ passwords or modifying or attempting to modify the files of other Users or software components of the College’s or NUS’ IT resources.

14.   The College reserves the right to require the removal of any links from external websites to the Digital Archives. Deep linking to any web pages of the Digital Archives is prohibited. Any link created by a User to the Digital Archives should be text links containing the Digital Archives domain name and which transfer visitors using the link directly to the Digital Archives homepage. The contents of the Digital Archives should not appear within the frames of other websites, nor be accompanied in any way by third-party material that may create a false or mistaken impression in the mind of the viewer about the College’s or NUS’ affiliation or association with or endorsement of the third party site, frame or material.

15.   The Digital Archives may contain links to third party websites. The College does not monitor and shall not be responsible for the content, material or opinions expressed on such third party websites or their accuracy thereof. Inclusion of any link to such third party websites in the Digital Archives does not imply approval or endorsement of the linked third party websites by the College, and Users access such linked third-party websites at their own risk.

16.   The Terms of Use shall be governed by and construed in accordance with the laws of Singapore, and any dispute shall be subject to the jurisdiction of the Singapore courts. 

 

C. Contributor Agreement

1.      This document should be read in conjunction with the following related College or University policies:

a.      NUS Code and Procedures for Academic and Research Integrity (Version 14, Revised 1 April 2023)

b.      Policies Relating to Yale-NUS College Intellectual Property (Yale-NUS HR 039, Last Updated December 2016)

c.      NUS Research Data Management Policy (Version 4, 4 July 2019)

d.      NUS Data Management Policy (Version 3.0, 1 May 2020)

e.      NUS Data Protection Policy & Procedures (Version 2, Effective Date on 5 April 2022)

 

2.      Contributors are responsible for the quality, validity and authenticity of the content of the submitted materials, including but not limited to text, images, graphics, audio and video files, website links, computer programmes or other content (“User Content”).

3.      Contributors may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content posted or uploaded by other Contributors without obtaining the prior written consent of the College and the content owner(s).

4.      For User Content submitted, contributors must obtain explicit consent from individuals whose identity could be revealed from the User Content, and to make the User Content available to the public through the Digital Archives.

5.      By making User Content available, the Contributor also represents and warrants that:

a.      the User Content does not contain and/or will not install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

b.      the User Content is not spam, and is not content designed to further unlawful or misleading acts such as phishing or spoofing;

c.      the User Content is not pornographic, defamatory, discriminatory, incendiary, threatening, abusive, vulgar, obscene, profane, plagiaristic and does not contain threats or material that might incite violence or animosity towards individuals or entities;

d.      the User Content is not confidential information and its posting on the Digital Archives does not constitute a breach of any confidentiality undertaking or otherwise violate the privacy or other rights of any third party;

e.      the User Content does not contain material that may damage the reputation or goodwill of the College and/or NUS.

6.      Copyright and Creative Commons License

a.      User Content deposited in the Digital Archives is subject to legal, contractual, privacy or rights restrictions in accordance with the Policies Relating to Yale-NUS College Intellectual Property, NUS Research Data Management Policy and NUS Data Management Policy, and Singapore Copyright Act 2021 (Act 22 of 2021) and its subsidiary legislation.

b.      Intellectual property and ownership of research data are determined in accordance with the Policies Relating to Yale-NUS College Intellectual Property and NUS Research Data Management Policy.

c.      Contributors to the Digital Archives must hold the copyright (either solely or jointly), or have the permission of the copyright holder(s) for the User Content that they submit. Copyright for User Content deposited to the Digital Archives is retained by the author/creator/copyright holder(s). To enable the College to administer, preserve and disseminate the User Content submitted to the Digital Archives, the author/creator/copyright holder(s) must grant the College and NUS a royalty-free, irrevocable, perpetual and non-exclusive license to use and reproduce the User Content.

d.      The author/creator/copyright holder(s) should be prepared to confirm that any existing agreements related to the User Content, such as agreements previously completed with publishers, are not in conflict with preservation and dissemination of the User Content through the Digital Archives. Creative Commons provides standard public licenses whereby the author/creator/copyright holder(s) can use to specify how others may reuse their works/research data. For more information about Creative Commons, please click here.

7.      Withdrawals and Corrections

a.      Generally, User Content deposited in the Digital Archives is considered permanent. Content may be withdrawn by either the College, NUS or the author under some circumstances which include license agreement violations, legal requirements violations, ethical violations or falsified research, proven copyright infringement or plagiarism, content contains defamatory statements, and previously published work which is retracted by publisher from the publication. Contributors wishing to do so may make an email request at legacy@yale-nus.edu.sg.

b.      The College may restrict access to or delete any User Content from the Digital Archives it deems in its sole judgment to have violated the Terms of Use and reserves the right to restrict, suspend or terminate at its discretion any User’s access to part or all of the Digital Archives at any time, without notice or reason given and without liability.

 

D. Administrators

Users who are administrators of the Digital Archives should be mindful of and abide by applicable laws and policies, including without limitation the NUS Acceptable Use of IT Resources and Intellectual Property Policy. The College encourages all authors to share their content under an open licence (i.e. Creative Commons), with suitable safeguards and appropriate attribution, after having obtained permission from any third parties or other participants whose intellectual property resides within the content. Administrators of the Digital Archives who leave the College will not have access to modify their sites after their last day at the College.

 

E. Disclaimer

THE USER ACKNOWLEDGES AND AGREES THAT ALL THE INFORMATION ON THE DIGITAL ARCHIVES IS PROVIDED "AS IS".

The College and/or NUS have used reasonable endeavours to ensure that the information and materials posted on the Digital Archives are correct at the time of posting. However, the College and/or NUS give no warranty and accept no responsibility or liability for the accuracy or the completeness of the information and materials provided here for any purpose whatsoever. No reliance should be made by any user on the information or material so posted; instead, the user should independently verify the accuracy and completeness of the information and/or materials.

The User acknowledges and agrees that the College and/or NUS shall not be held responsible or liable in any way for any and/or all consequences (including, without limitation, damages for loss of profits, business interruption, or loss of information) that may be incurred by the User as a direct or indirect result of using, or the inability to use, any materials or contents on the Digital Archives, even if the College and/or NUS have been advised of the possibility of such damages in advance; and no right of action will arise as a result of personal injury or property damage, howsoever arising, sustained as a result of reference to, or reliance upon, any information contained in, or omitted from, the Digital Archives, whether through neglect or otherwise.

The College and/or NUS reserve the right at any time, from time to time, to make changes to the whole or any part of these Terms of Use and/or the content or services offered on the Digital Archives as deemed appropriate.

The Digital Archives may contain links to other websites or resources operated by parties other than the College or NUS. Such links are provided as a service for the convenience of the Users of the Digital Archives. As the College and/or NUS have no control over such sites and resources, the User acknowledges and agrees that the College and/or NUS are not responsible nor liable for any content or material on or available from such sites or resources. In providing such links, the College and/or NUS do not in any way, expressly or implicitly, endorse the linked sites or resources or the respective contents thereof. The User further acknowledges and agrees that the College and/or NUS shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or sustained by or alleged to be caused or sustained by the user, in connection with the use or reliance on any information or material available on such linked sites or resources.

The User agrees to indemnify the College and/or NUS against any demands, loss, liability, claims or expenses (including legal fees) made against the College and/or NUS by any third party due to or arising out of or in connection with the User’s use of the Digital Archives. The User further acknowledges and agrees that the College and NUS shall not be held responsible or liable in any way for any and/or all consequences (including, without limitation, damages for loss of profits, business interruption, or loss of information) that may be incurred by the User as a direct or indirect result of using, or the inability to use, any materials or contents on the Digital Archives, even if the College/NUS has been advised of the possibility of such damages.

 

F. Report Inappropriate Content

If you observe content on the Digital Archives that you believe is unlawful or in violation of the Terms of Use, please contact Yale-NUS College at email legacy@yale-nus.edu.sg with the link to the relevant page(s), and a short description of the violation.

 

G. Service Policies

This document should be read in conjunction with the following related policies of NUS:

• NUS Code and Procedures for Academic and Research Integrity (Version 14, Revised 1 April 2023)
• Policies Relating to Yale-NUS College Intellectual Property (Yale-NUS HR 039, Last Updated December 2016)
• NUS Research Data Management Policy (Version 4, 4 July 2019)
• NUS Data Management Policy (Version 3.0, 1 May 2020)
• NUS Data Protection Policy & Procedures (Version 2, Effective Date on 5 April 2022)

 

Responsibilities of the Yale-NUS College Digital Archives

The Digital Archives is committed to ensuring the long term preservation of materials relevant to the institutional history of the College, as well as sharing the archived materials in accordance with the policies of the College and NUS. To achieve this, the Digital Archives will:

• Assign a persistent identifier that will always locate the archived material and/or its metadata record over time
• Provide secure storage and backup
• Ensure that updates and maintenance are conducted
• Review digital preservation strategies and technologies regularly to ensure practices are up-to-date
• Locate and facilitate the contributions of new materials from stakeholders

 

Content Review

While the Digital Archives preserves and provides access to materials deposited, the individuals submitting the material(s) either through the online submission or through a Digital Archives-administrator-mediated submission, are solely responsible for the content of their submission.

 

Access Setting & Restrictions

The default access setting in the Digital Archives is “Public”, i.e. most metadata records and materials deposited are visible and accessible publicly. Open access to deposited materials encourages their distribution, dissemination, promotion and use. However, there may be situations when the contributor requests for access restrictions to be imposed on individual material. Contributors are to contact the College Digital Archives administrators should they require restricted access to the material(s) they contributed to the Digital Archives. These requests will be reviewed on a case-by-case basis by an administrator.

The Digital Archives currently offers the following levels of access restrictions at the individual material level or collection level:

• Public: The material and its associated metadata are accessible by members of the College, NUS, as well as the general public.
• Private: The material and its associated metadata are only accessible by members of the College and NUS with NUSNET ID.

 

Privacy Statement

The Digital Archives submission process may collect personal information such as name, department, faculty, contact number and email address submitted during the deposit process.

Submitted information will be used only for the purpose for which you submitted it, with the exception that the Digital Archives may make reasonable statistical reports. The Digital Archives does not share this information with any third-party organisations or allow it to be used for commercial purposes. Refer to the National University of Singapore Data Protection Policy & Procedures on how personal data collected will be managed and used.