Terms of Use

The University of Aruba Open Knowledge Repository Terms of Use

1. Introduction

The University of Aruba Open Knowledge Repository is a resource for students, researchers, and the community, aimed at enhancing education, research, and social services in Aruba and beyond. Its goal is to provide a comprehensive overview of the researchers at the University of Aruba, along with their research outputs and activities, from its inception in 1988 to the present.

Throughout these terms of use, the “UA Open Knowledge Repository” may be referred to simply as the “repository.” These terms are used interchangeably.

1.1 Intended Use of the UA Open Knowledge Repository

  • Academic Research: The repository serves as a central hub for academic research. Faculty members, researchers, and students can access a wide range of academic outputs, including articles, conference papers, theses, and dissertations produced by UA faculty and students. It also provides an overview of their research activities, such as conference presentations.
  • Archiving and Preservation: Acting as a digital archive, the repository preserves valuable intellectual output generated by the UA community since 1988.
  • Collaboration and Knowledge Sharing: The repository facilitates collaboration among researchers at UA and beyond, contributing to global academic discourse by sharing their work and activities.

1.2 Intended Audience of the UA Open Knowledge Repository

  • UA Community: Students, faculty, and staff benefit from access to research outputs and researcher profiles.
  • Researchers and Scholars Worldwide: Academics globally can explore UA’s research output, finding relevant studies, data, and methodologies.
  • General Public: The repository is open to the public, allowing anyone interested in the research and academic outputs created by UA faculty to access UA’s intellectual contributions.

1.3 User Eligibility

  • UA Students:
    • All currently enrolled UA students can access the UA Open Knowledge Repository.
    • Undergraduate, graduate, and doctoral students can explore scholarly articles, theses, and other relevant materials.
  • UA Faculty:
    • University of Aruba researchers and the necessary administrative staff can access the repository.
    • User rights are assigned according to the staff member's position and needs.
    • UA researchers can contribute their own research and access materials shared by colleagues.
    • Staff involved in archiving and maintaining the repository ensure its quality and relevance.
  • External Researchers, Scholars, and General Public:
    • The repository is accessible to anyone interested in the academic work of the UA Faculty. For publications under embargo, only the metadata will be available.
    • Researchers from other institutions can explore Aruban research to enhance collaboration with UA scholars and access relevant materials.

2. Terms of Use

2.1 User Terms - General

2.1.1 Status of the Terms of Use

  • These terms govern all use of the University of Aruba Open Knowledge Repository. By accessing the repository, you represent that you are not under any obligation that would prevent you from complying with these Terms of Use.
  • The University of Aruba reserves the right to modify these Terms of Use at any time. Continued use of the repository after changes constitutes acceptance of those changes.

2.1.2 Privacy Settings

  • The repository collects data related to scholarly materials and research outputs through submissions made by researchers and faculty. This includes metadata such as author information, publication dates, and keywords.
  • Users are recommended to review the University of Aruba Open Knowledge Repository Privacy Policy for more information on privacy practices.

2.1.3 Accessing, and Using Research Output

Users must comply with license conditions and access restrictions for research outputs. Notify the University of Aruba (repository@ua.aw) of any issues related to confidentiality, privacy, data protection, licensing, or intellectual property that you come aware of.

2.1.4 Limitations on the Use of the Repository

While using the repository, you shall not, nor permit to others to upload, download, post, submit or otherwise distribute or facilitate distribution of any information that:

  • infringes intellectual property rights, including patents, copyrights, know how, trademarks and trade secrets, or other rights, including privacy rights or any third party; 
  • engage in any form of harassment, including offensive language or behavior;
    • contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of the University of Aruba or any third party;
  • impose an unreasonable or disproportionately large load on the University of Aruba’s or its third party providers’ infrastructure;
  • interfere or attempt to interfere with the proper working of the repository or any activities conducted on the repository;
  • bypass any measures the University of Aruba and other parties may use to present or restrict access to the repository and other accounts or computer systems connected to the repository; 
    • access restricted areas or accounts without proper authorization; nor
    • upload false information or misrepresenting content is not allowed.

2.1.5 Liability

Users should adhere to ethical and legal standards. Any attempt to compromise the security or integrity of the repository is strictly forbidden.

Use of the repository is at your own risk. The University of Aruba is not liable for any damage resulting from use of the repository. Users indemnify the University of Aruba from any damage and costs arising from violations of the Terms of Use.

2.1.6 Miscellaneous

Rights and obligations under these Terms of Use maybe transferred without obtaining consent. The use of the repository and the Terms of Use are governed by Aruban law. Disputes will be settled by the competent court in Aruba.

2.2 User Depositor Terms – UA Faculty

2.2.1 General

Via the University of Aruba Open Knowledge Repository, the University of Aruba provides the possibility to submit academic output and information on academic activities for the purpose of showcasing, archiving, and preservation. Submission of an academic output file or information on an academic activity to the repository is non-exclusive, meaning that you are free to also submit the document or information to another repository. 

You acknowledge and agree that any academic output or information on an academic activity you submit to the repository may be subject to review and approval, under the terms of article 2.2.2 and 2.2.3. The submission of an academic output document or information of an activity might therefore constitute a submission for review.

You acknowledge that the University of Aruba will act as the data processor in respect of any personal data forming part of the files within your submissions or the metadata. This does not apply to personal data which are required for the scientific justification of the submission, such as the title, name, affiliation, and contact information of the author of the submission, or authors of sources cited in the submissions, of other contributors to the submission and of rights holders to data forming part of the submission. The University of Aruba will be considered the controller for these personal data. 

2.2.2 Depositor Rights and Responsibilities

As a depositor, you have following rights:

  • Ownership: As a contributor to the UA repository, you retain ownership of your intellectual property. This includes any original works you submit, such as research papers, theses, or other scholarly content.
  • Exclusive Rights: 
    • Copyright: When you create an original work (e.g., a research paper), you automatically hold the copyright. This means you have the exclusive right to reproduce, distribute, and display that work.
    • Trademarks: If you use specific symbols, names, or logos associated with your research, you may have trademark rights.
    • Patents: If your work involves novel inventions or processes, first consider seeking patent protection.

As a depositor, you have following responsibilities:

  • Abide by the these Terms of Use
  • Follow rules regarding copyright, licensing, and acceptable content.
  • Properly attribute any existing works you reference in your submissions. Respect the intellectual property of others.
  • Choose an appropriate license that specifies how others can use, share, and build upon your content.
  • Ensure that your submissions do not violate ethical standards, infringe on others’ rights, or engage in plagiarism.
  • If your work involves data, follow best practices for data sharing and consider depositing datasets in suitable repositories.

2.2.3 Conditions for Submitting an Academic Output

In order to be able to submit an academic output file or metadata on academic output or academic activity, you must be registered as a user.

You certify that each of the following statements holds true for each submission to the repository at the moment of submission: 

  • You have the right to submit the academic output file, metadata on the academic output or an academic activity for the purpose of showcasing, archiving and preservation and to determine its license conditions and access restrictions, or have been authorized to do so by the person or persons having such right.
  • To the best of your knowledge, nothing in the submission infringes anyone’s intellectual property rights.
  • To the extent that the submission contains any sensitive information, including personal data or legally protected information, you will choose appropriate access restrictions.
  • Publication of the academic output file on or after the release data does not infringe any embargo periods required by other parties, such as a journal publisher.
  • To the best of your knowledge, the information forming part of the submission and its metadata is accurate.
  • The submission does not contain any software viruses or computer codes, files or programs capable of allowing unauthorized access or disrupting, damaging, limiting or interfering with the proper functioning of the repository or any third party, including other users’ software, hardware or telecommunications equipment.
  • The submission does not violate your obligations to third parties. 

If the submission is based upon work that has been sponsored or supported by an agency or organization, you must fulfill all obligations in relation to such sponsorship or support before submitting the item. 

Provided that you have well-founded reasons to do so, you may choose to restrict access to files so that they are only accessible to eligible users.

There are no restrictions with regard to file formats. For textual publications, we recommend to use open and standard file formats, such as .pdf, .txt, or .csv, make the data interoperable and allow other users to open the data when they do not have access to certain software licenses. For large files, over 5 GB, we advise to publish your files in another repository and only submit the metadata, including the unique persistent identifier of your file in the repository. 

The University of Aruba Open Knowledge Repository is not meant to deposit large datasets. We recommend to make use of the DANS Data Stations instead and only submit the metadata, including the unique persistent identifier of your file in the repository. 

2.2.4 Submission Review and Curation

Upon submission of an academic output, its metadata or information on an academic activity, the University of Aruba will review it for compliance with the Terms of Use, which implies compliance with the policy and guidelines described in article 2.2.2 and  2.2.3.

In addition, the University of Aruba will:

  • verify the completeness of the submission, both with regard to the deposited files, as well as the metadata;
  • verify the readability of any files submitted;
  • verify the metadata for correctness and improve or suggest improvements where necessary; and
  • adjust the metadata, license conditions and access restrictions where necessary.

The University of Aruba is entitled to request alterations or to reject a submission if it does not comply with the Terms of Use. If a submission meets the required conditions, the University of Aruba will further process it for the purpose of showcasing, archiving and preservation.

To enable the University of Aruba to perform its curation services, you agree that:

  • The University of Aruba is authorized to convert files within your submission to any medium or format and to make multiple copies of the files for the purposes of security, back-up and preservation.
  • The University of Aruba may, if necessary, make changes to the metadata, including enhancements, such as addition of key words, and corrections
  • The University of Aruba may require you to make changes to the files or the metadata submitted, before its publication on the repository.
  • The University of Aruba will not change the content of the submissions, but may make changes to the files or metadata for curation purposes only.

2.2.5 Access to Research Outputs

Subject to the Terms of Use, via the repository, the University of Aruba will receive the right to make the submissions, or substantial part of it, available to third parties, including in downloadable form.

You understand and agree that the University of Aruba commits to providing public access, with applicable restrictions, to research outputs, metadata and information on research activities through persistent webpages, metadata and identifiers, and to providing access metrics, such as page-view, downloads and citations. 

You authorize the University of Aruba to include all submissions in the repository, meaning that all files will be publicly accessible and available for downloading, unless you have selected one of the options to restrict access. The metadata associated with the submission will always be publicly accessible.

The University of Aruba will make the files in a submission accessible under the license conditions indicated by you upon submission, which will apply to all files within the submission. 

The University of Aruba will, to the best of its ability and resources, implement technical provisions in order to prevent unauthorized third parties from accessing restricted files. 

In the event that the University of Aruba finds a violation of the applicable license conditions or access restrictions by a user, the University of Aruba aims to notify you and to suspend the user from further use of the submitted files, and if applicable its account, until the issue has been resolved. 

2.2.6 Removal or Changes to a Submission

The University of Aruba may remove, or restrict the availability of a submission or part thereof at any time if it, or its depositor, does not comply with these Terms of Use or if continued storage would lead to criminal liability or an unlawful act on the part of the University of Aruba. In light of its objectives, the University of Aruba will only resort to removal if there are no viable alternatives. 

You may, stating reasons, request the University of Aruba (repository@ua.aw) to:

  • Make a submission temporarily or permanently unavailable to third parties.
  • Change the submission’s access or license conditions
  • Remove your submission entirely or partly from the repository.

The University of Aruba will evaluate the requests for the above amendments and engage with the depositor to determine the most appropriate course of action. You understand that if the license terms for, or ownership of the copyright to a submission change, it is your responsibility to notify the University of Aruba of these changes. 

2.2.7 Limitation of Liability

As a depositor you are solely liable for the contents of your submissions. You indemnify the University of Aruba against all claims from third parties that may be brought against the University of Aruba in relation to the contents of your submissions, as well as against the costs that the University of Aruba may incur in this regard.

Although the University of Aruba does it utmost best to disseminate, archive and preserve your academic outputs, metadata and information on academic activities, in accordance with its obligations under these Terms of Use, it does not accept any liability for damage resulting from the repository, including damage related to loss or partial loss of a submission, or unauthorized access to a submission. 

You indemnify the University of Aruba against all claims from third parties that may be brought against the University of Aruba in this regard, and shall reimburse the University of Aruba for the costs it would incur in relation to such a claim.

2.2.8 Account and Security

UA Research Faculty and administrative staff supporting the development and maintenance of the repository will have the right to create an account. If you don’t have an account, but think you are entitled to obtain an account, send an email to repository@ua.aw with your request. The University of Aruba maintains the right to refuse your request.

2.2.8.1 Strong passwords

2.2.8.2 Secure access points

  • Use Secure Connections: Always access accounts via secure connections (HTTPS). Look for the padlock icon in the address bar.
  • Avoid Public Wi-Fi: Be cautious when accessing accounts on public Wi-Fi networks. Use a virtual private network (VPN) if necessary.

2.2.8.3 Beware of phishing

  • Be skeptical: Be cautious of suspicious emails or messages asking for login credentials. Legitimate services won't ask for passwords via email.
  • Verify links: Before clicking on any links, verify their authenticity. Hover over links to see the actual URL.

2.2.8.4 Account recovery options

If you forget your password, click on the “Forgot password” button on the website and or contact the administrators to help you gain access back.

2.2.8.5 Account usage and monitoring

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another user’s account without such other user’s explicit permission. You will immediately notify the University of Aruba via email (repository@ua.aw) of any unauthorized use of your account, or any other account related security breach of which you are aware.

2.2.9 Termination

The University of Aruba reserves the right to terminate your account or your access to all or part of the repository at any time, with our without notice, if any of the following occurs:

  • You fail to comply with the terms of use.
  • The University of Aruba is required to do so for legal reasons, such as a court order.
  • The email address associated with your account is no longer valid or you are no longer a staff member of the University of Aruba. 
  • The University of Aruba, in its sole discretion, decides to terminate or limit the repository, or part thereof.

3. Survival of Terms

All provisions of the Terms of Use that are intended to survive termination will remain in effect, including those related to intellectual property, indemnity, and liability.