Creative works terms conditions

Terms and conditions

Griffith University ("University") stores and makes available individual creative works ("Work") via the online open access repository 'Figshare'. A person(s) submitting a Work ("Depositor") on Figshare agrees to the following terms and conditions ("Licence"):

End-User

A Person(s) accessing Works ("End-User") may reproduce a Work for their personal non-commercial use. Additional end-user rights (such as permitted under Creative Commons or open software licences) may be specified by the Depositor in the information submitted by the Depositor relating to the Work.

Take Down request

If an End-User believes that infringing copyright material (or material infringing a contract or licence or any law) is on the University's Figshare site, the End-User can notify the University by completing the online request form. The University will deal with a request in accordance with the take down request process.
If an End-User believes that a Work describes research that has been falsified or produced as a result of fraudulent or deceptive actions by any person, the End-User can notify the University by emailing copyright@griffith.edu.au.

Licence

To the extent that the University is not the owner of copyright in the Work, the Depositor grants to the University a cost-free, worldwide, non-exclusive right to store, use, reproduce, adapt, publish, distribute and communicate to the public the Work for the purposes of making the Work available for access on Figshare (or any other publication platform the University elects to make the work available on in the future) on the terms referred to in clause 1.

Warranties

Except in relation to any copyright in the Work owned by the University ("University Material"), the Depositor warrants that:
1. they are the owner of copyright in the Work; or
2. if the Work contains material for which the Depositor does not own the copyright ("Third Party Material"), the Depositor has obtained all necessary permissions from the copyright owner/s to include the Third Party Material in the Work and to enable the Work to be dealt with as authorised by this Licence.
The Depositor warrants that:
1. they have clearly identified and acknowledged all Third Party Material within the content of the Work;
2. they have obtained the permission of any person whose image or voice is included in any photograph, audio or video included in the Work;
3. the Depositor has the right to grant the rights contained in this Licence to the University;
4. the storage, use, reproduction, adaptation, publication, distribution or communication of the Work by the University in accordance with this Licence, will not:
  1. infringe the copyright, moral rights or other intellectual property rights of any person;
  2. breach any laws relating to privacy or infringe the privacy, confidentiality or other rights or any person;
  3. be contrary to or in breach of any laws, including, but not limited to, those relating to defamation, obscenity, contempt and blasphemy;
  4. cause the Depositor or the copyright owner/s of any Third Party Material to be in breach of any agreement (including any publishing agreement); and
5. if the Work is based upon work that has been sponsored or funded by an agency or organisation other than the University, all rights of review or other obligations required of the creators or authors of the Work under the contract or agreement with that agency or organisation, have been fulfilled.

Termination and removal of Work

The University may at any time immediately and without notice, terminate this Licence and permanently remove or suspend access to the Work, if any of the following occur:
1. if a claim is made that the Work contains or describes research that has been falsified or produced as a result of fraudulent or deceptive actions by any person;
2. if a claim is made that the Work infringes the legal rights of any third party;
3. if any of the matters referred to in clause 5 or 6 are or become incorrect or untrue; or
4. if a claim is made that the Work contains offensive, defamatory, confidential or culturally sensitive information.

Liability

The University shall not be responsible for any mistakes, omissions or legal infringements in the Work.
The University shall not be responsible for how any End-User deals with the Work and is under no obligation to take any action on behalf of the Depositor and/or the copyright owner/s of Third Party Material if an End-User deals with the Work in a way that is not authorised or that infringes any person's rights or for any other reason.