ONTARIO LIBRARY RESEARCH CLOUD
The following terms and conditions govern all use of the website and the services available from the Ontario Library Research Cloud (OLRC) (taken together, the Service). The Service is operated by the University of Toronto Library (the Service Provider) on behalf of subscribing institutions (Home Institution) across Canada. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by the Service provider. The Service is available only to individuals affiliated with the Subscriber, including staff, faculty and students, as applicable (Authorized Users or Authorized User).
The Service Provider reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is the responsibility of Authorized Users to check the Terms of Use periodically for changes. Continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
As a condition of use, Authorized Users promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, “Content” includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by through the Service for purposes of teaching, learning, and digital preservation.
By way of example, and not as a limitation, Authorized Users shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
Additionally, Authorized Users shall not: (i) take any action that imposes or may impose (as determined by the Service Provider in its sole discretion) an unreasonable or disproportionately large load on the infrastructure managed by the Service provider; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures the Service Provider may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall abide by all applicable local, provincial, national and international laws and regulations.
As a condition to using the Services, Authorized Users are required to register with the Site and select a password and login name. You shall provide the Service Provider with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your OLRC account. You shall not (i) select or use as a login name a name of another person with the intent to impersonate that person; or (ii) use as a login name a name subject to any rights of a person other than you without appropriate authorization. The Service provider reserves the right to refuse registration of, or cancel a login name, in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify the Service provider in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, data, and images) to the Service (“User Submissions”) and to allow other users to do so. The Service provides you with the ability to display, organize, and accept content through creating public and shared folders.
The Service Provider will not be liable for any loss of or damage to the User Submissions, either in whole or in part, arising from causes that originate with Authorized Users, including accidental deletions or unauthorized access.
By uploading User Submissions through the Service, Authorized Users make the following representations and warranties to the Service Provider:
You represent and warrant you are lawfully entitled and have full authority to license the Service Provider to use the Content in the ways described in these Terms and Conditions; and you are not under any obligation or restriction created by law, contract or otherwise that would prevent you from entering into and fully performing these Terms and Conditions.
The Service Provider or the Host Institution may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may notify OCUL at cloud@scholarsportal.info. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OCUL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
OCUL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICES OR CONTENT PROVIDED.
IN NO EVENT SHALL OCUL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (CANADA).
You will indemnify and hold the Service provider harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Service Provider agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario. All disputes under these Terms and Conditions will be resolved in the applicable provincial or federal courts of Ontario. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
The Terms of Use are the entire agreement between you and the Service Provider with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Service Provider with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with prior written consent of the Service Provider. The Service Provider may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
You acknowledge that the copyright in any additional data added by the Service provider to the user materials, and any search software, user guides, documentation and any other intellectual property that is prepared by the Service provider to assist users in using the User Submissions will belong to the Service Provider creating the content.
This Terms of Use document is available under a Creative Commons Attribution-ShareAlike 2.5 License. It incorporates portions originally developed by Swivel, LLC, and the Institute for Quantitative Social Science at Harvard University.