Terms of Use Leibniz Data Manager

Status: April 2022

Special Conditions of the TIB LDM

The Leibniz Data Manager (LDM) service is provided by:

Technische Informationsbibliothek (TIB)
Leibniz Information Centre for Science and Technology
Welfengarten 1 B, 30167 Hannover, Germany
Postfach 6080, 30060 Hannover, Germany

Authorised Representative:
Prof. Dr. Sören Auer (Director of TIB)

Responsible Supervisory Authority:
Ministry for Science and Culture of Lower Saxony

Tel.no Customer Service: +49 511 762 - 8989
Fax: +49 511 762 - 8998
E-mail: customerservice@tib.eu

VAT (sales tax) registration numbers:
DE 214931803

1. Scope of Application

1.1 These Special Conditions of the LDM regulate the use of the LDM as well as the rights and obligations of Registered Users and the TIB in addition to the Terms of Use of TIB.

1.2 LDM is primarily aimed at scholars who want to share, explore and reuse research datasets in a novel manner. The LDM is built on top of CKAN and LDM software is freely accessible to everyone.

2. Registration

2.1 LDM datasets can be searched and explored without registration.

2.2 The upload and description of dataset metadata require registration (Registered Users).

2.3 An LDM dataset can be accessed following the access rights imposed by the Registered Users who are the dataset creators.

2.4 There is no entitlement to registration, account, or profile. The TIB is entitled to reject registrations or terminate accounts if a violation of these Special Conditions LDM exists or is expected.

2.5 When registering, users must agree to the Special Conditions of the LDM and the Data Protection Declaration. If these Special Conditions of the LDM are updated, Registered Users will be notified of the changes two weeks in advance by email. By subsequently continuing to use LDM, Registered Users agree to the changes.

2.6 A usage relationship is established between the TIB and the Registered User through registration.

2.7 When registering, users are obliged to fill in mandatory fields truthfully and completely, to keep their data up-to-date and secret and to protect data from access by third parties.

2.8 Accounts may be terminated for cause by TIB. A cause can be a breach of the Terms of Use or these Special Conditions or a legal obligation or official order for TIB to block the access or any other conduct, which raises the suspicion that the user violates or will violate the Terms of Use, these Special Conditions or other legal obligations also in the future.

2.9 TIB will terminate accounts at the request of the user in text form at any time and without undue delay. All personal data in the user profile will be deleted without undue delay. Content created by users remains published as long as the TIB does not delete this content or the user does not request its deletion, whereupon the TIB will anonymize this content.

3. LDM

3.1 Anyone can view and use LDM content (the metadata of the LDM datasets). Registered Users can add datasets, and create and modify the metadata of their datasets.

3.2 The source code is made available under the GNU Affero General Public v3.0 License.

3.3 Registered Users confirm that the datasets they publish and the metadata they provide, do not infringe any third-party rights (e.g. copyright, rights of performers, personality and publicity rights, data protection). If others are involved in the production, Registered Users confirm that all participants are aware of the content of this agreement and have given their consent.

3.4 Registered Users ensure that the datasets they publish and the metedata they provide, do not violate applicable law or offend common decency, in particular, they do not constitute a criminal offense and do not constitute an administrative offense (e.g. infringement of copyright, trademark law, competition law) or none have offensive, discriminatory, racist, pornographic or extremist content. In the event of a violation, Section 5 applies.

3.5 If a user becomes aware of a violation of the law within the meaning of 3.3 or 3.4 he / she is obliged to inform the TIB immediately.

3.6 Registered Users will indemnify the TIB from all claims of other users or third parties that they assert against the TIB due to infringement of their rights through content published by the respective Registered User, if the respective user can be held responsible. The respective Registered User assumes the costs of an appropriate legal defense of the TIB. This does not apply if the Registered User is not responsible for the infringement. Users are obliged to provide all information necessary for the examination of the claims and a defense in the event of a claim against the TIB truthfully and completely without further delay.

4. Functionality of the LDM

4.1 Anyone can use the LDM service to explore LDM datasets without registration. The metadata describing the LDM datasets can be reused freely for any purpose users see fit, in accordance with the CC BY-SA License (5.2 of these Special Conditions LDM). The LDM datasets can be reused following the regulations imposed by the license of the dataset, which is specified by the registered user who created the dataset in LDM.

4.2 LDM provides functionality that requires registration. Adding and editing, including deleting, existing datasets and their metadata is reserved for Registered Users. Metadata about the LDM datasets is created and edited in accordance with the CC0 License (5.1 of these Special Conditions LDM). Registered Users obtain LDM user profiles, can link their profile to ORCiD; the profiles include provenance information.

4.3 LDM provides programmatic access to the content (API). Anyone can use the LDM API to access existing content. Creating and editing, including deleting, existing content via the LDM API is reserved for Registered Users.

4.4 LDM enables DOI-based publication of LDM datasets. In doing so, metadata including creator names and, if known, ORCiD IDs are shared with DataCite. If a Registered User publishes an LDM dataset in this form, she or he agrees to the sharing of metadata with DataCite. The sharing of such data is based on user consent given as part of the service of DataCite e. V. and ORCiD. Registered Users need to connect their LDM profile with ORCiD and need to explicitly activate DOI-based publication of the LDM datasets.

5. Rights and obligations of the TIB

5.1 LDM dataset metadata created by Registered Users is licensed to TIB under the licence CC0 1.0 Universal (CC0 1.0 Public Domain Dedication).

5.2 LDM dataset metadata created by Registered Users is published by TIB under Creative Commons Attribution-ShareAlike 4.0 International License.

5.3 The TIB assumes no liability that the service and its content are always uninterrupted, unchanged and available in full, as well as being up-to-date and free from errors of an editorial or technical nature. No liability is accepted for damage caused by trusting the content of the platform or its use.

5.4 The TIB reserves the right to change the functionality, the appearance and these Special Conditions of the LDM at any time. Registered Users will be informed of the changes two weeks in advance by email. By continuing to use the platform after the deadline, users agree to the changes.

5.5 The TIB is entitled to terminate its service at any time. In this case, the TIB reserves the right to delete the content. However, this does not result in an obligation to delete the content.

5.6 The TIB provides scientific information in all areas of engineering as well as chemistry, information technology, mathematics and physics to the public. If content by Registered Users does not satisfy the quality criteria TIB generally applies to scientific information, TIB may exclude the content from its services without prior notice.

5.7 In principle, the TIB is only liable for damage caused by intent or gross negligence. In case of injuries to life, body or health statutory provisions apply.

5.8 Liability for damage from unauthorized use of password-protected logins by third parties is not accepted.

5.9 Insofar as liability is limited or excluded, this also applies in favor of executive employees (m / f), representatives (m / f) and vicarious agents (m / f) of the TIB.

5.10 If there are concrete indications of a violation of these Special Conditions of the LDM, the TIB is entitled to delete content, restrict the use of the services or block the Registered User concerned. When choosing a measure, the legitimate interests of the Registered User are taken into account, in particular whether there are indications that the Registered User was not responsible for the violation.

5.11 Content that contains a legal violation according to 3.3 or 3.4 may be blocked or deleted by the TIB.

6. Miscellaneous

6.1 The usage relationship and these Special Conditions of the LDM are subject to German law.

6.2 The place of jurisdiction is Hannover.

6.3 In the event of a dispute, the TIB endeavors to reach an amicable settlement.