Acceptance of Terms
Rules and Conduct
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:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- 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 Service Provider or any third party.
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.
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:
- The User Submissions do not infringe upon the copyrights or other intellectual property rights, including, but not limited to patent, trademark, trade secret, copyright, right of publicity or other right of any other of any third party.
- The User Submissions do not violate any laws, including but not limited to laws related to defamation or obscenity.
- You will promptly notify both the Service provider and your Home Institution of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Submissions.
- The User Submissions do not contain 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 Service Provider or any third party.
- You acknowledge that the Service Provider will not be liable for any loss of or damage to the User Submissions, either in whole or in part.
- If the User Submission is subject to Research Ethics Board (REB) review, the User Submissions were given REB approval.
- The User Submissions do not contain information that could directly or indirectly identify subject except where the release of such identifying information has no potential for constituting an unwarranted invasion of privacy and/or breach of confidentiality. And for all personally-identifiable information in the data at least one of following conditions applies:
- This information has been previously released to the public;
- this information describes public figures, where the data relates to their public roles or other non-sensitive subjects;
- a sufficient length of time has passed since the collection of the information so that the data can be considered “historic”;
- all identified subjects have given explicit informed consent allowing the public release of the information in the dataset;
- all information was collected with an explicit statement concerning the public nature of the data, such as information collected for governmental regulatory purposes;
- or, for federal records (data created by a Canadian federal government agency or under a federal contract) only, all identified subjects are deceased and no federal statute explicitly restricts the release of the data
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 (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.
Limitation of Liability
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).
Integration and Severability
Copyright and Trademark Notices
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.