Terms and Conditions

Welcome to the website of the Sea Around Us, a research initiative at The University of British Columbia (the “Site”). We provide the Site as a public courtesy. Everything you see, hear or otherwise receive from the Site, and anything you download or otherwise use from, the Site, including, without limitation, viewable data files, images, illustrations, designs, video, icons, photographs, text, sounds, music, code, services, data, tools and the Site as a whole is referred to as the “Content”.

By accessing and using the Site, you agree to the following terms of use (these “Terms”). If you do not agree with any of these Terms, please do not use the Site. We may change the Terms at any time without prior notice, and your continued use of any of the Site following any changes is an agreement by you to the change in Terms. We may change, suspend, discontinue, or remove any part of the Site at any time, without prior notice, including the availability of any Site feature, services or Content.

  1. In Brief

Without limiting the specific terms below, which are important for you to read and understand, we encourage you to use the Content as long as you comply with these Terms, which can be generally summarized as follows:

Your use of the Content must be solely for research, academic publication, or other noncommercial purposes unless it is otherwise set forth in these Terms or agreed to in writing by the Sea Around Us.

Your use must be in accordance with the Freedom to Innovate section below that allows you to make improvements to advance your research purposes, but prohibits you from obtaining intellectual property rights that would limit our freedom to continue innovation.

If you use any Content, you must follow our Citation Policy or, if your use is not specifically described in our Citation Policy, you must provide proper attribution of the source in accordance with applicable academic and/or industry customs and standards.

If you have any questions about these Terms, or to request written permission to use the Content outside of these Terms, please email [feedback email for @seaaroundus].

2.  Privacy

We have a Privacy Policy that describes how we collect information from you or about you and how we will use or disclose this information. In addition, the Privacy Policy sets forth our general policies on information security. As stated in the Privacy Policy, we will not sell or rent information collected from you or about you. By using the Site, you consent to the collection and the use and disclosure of information as described in the Privacy Policy.

3.  Copyright

Unless otherwise stated, all of the Content is copyright © The University of British Columbia. We respect the intellectual property rights of others and request that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement should advise us.

4.  License

Except where otherwise noted in these Terms, all Content,is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (the “Content License”).

Content comprising the Spatial Allocation Software (the “Software”) is licensed under the Apache License, Version 2.0 (the “Software License”). You may not use this Software except in compliance with the Software License or as otherwise agreed to in writing by the Sea Around Us. You may obtain a copy of the Software License at http://www.apache.org/licenses/LICENSE-2.0.

Unless required by applicable law or agreed to in writing, the Content, inclusive of the Software is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

You may not post the Content, inclusive of the Software, in whole or in part, on social media or other third-party websites that require you to acknowledge that you own the material you post (e.g., YouTube, Flickr and Twitter). You agree that you will not use the Content, the Software, or the Site as a whole in any manner that would violate anyone else’s rights, such as copyright, trademark, patent, privacy or other rights.

Your use of the Content, including the Software must be solely for research, academic publication, or other noncommercial purposes unless it is otherwise agreed to in writing by the Sea Around Us. For greater certainty, because we encourage use of our Content for research and academic publication, you may, without further permission, incorporate a limited set of the Content in a scholarly journal, textbook or other professional, academic or journalistic publication (with appropriate citation) and still be compliant with these Terms.

5.  Freedom to Innovate and Rights to Improvements

You may, and are encouraged to, develop new methods, applications, interfaces or other inventions or works that improve the use of, and build upon, the Content (collectively, “Improvements”). In order to make the Content available to you and others, however, we must preserve our freedom to innovate. If you develop an Improvement based on or utilizing the Content, and you obtain any proprietary rights in or to that Improvement, you and your successors or assigns agree that you will not assert any claim for infringement against The University of British Columbia for our use of the Content. Additionally, we retain our rights, title and interest in any Content that is part of or is used by you to create an Improvement.

6.  Citation

While we encourage you to use our resources and Content for your research or other noncommercial purposes, we want to ensure that our Content is afforded proper citation in all cases where it is used publicly. If you cite or display any Content, or reference the Sea Around Us or The University of British Columbia, in any format, written or otherwise, including print or web publications, presentations, grant applications, websites, other online applications such as blogs, or other works, use the proper citation in our Citation Policy when acknowledging the Sea Around Us and our online resources.

7.  Trademarks

The UBC logo is a registered trademark of The University of British Columbia. For guidelines on the permitted uses of UBC trademarks, please see http://universitycounsel.ubc.ca/university-trade-marks/?login.

The Sea Around Us name and the Sea Around Us logo are registered trademarks.

8.  Third-Party Websites

The Site contains links to third-party websites. The links to third-party websites are provided as a convenience to you. We are not responsible for the content found on any linked third-party website and do not endorse any third-party website or their goods or services. If you choose to use a third-party website, you will be subject to the terms and conditions of use that apply to such third-party website.

9.  Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. THE UNIVERSITY OF BRITISH COLUMBIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE CONTENT.

10.  Limitation of Liability

IN NO EVENT SHALL THE UNIVERSITY OF BRITISH COLUMBIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, CONTRIBUTORS, FOUNDERS OR ADVISORS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SITE OR THE CONTENT (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN, THE SITE OR THE CONTENT, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A RELEASED PARTY BE LIABLE FOR ANY CLAIMS ARISING OUT OF THE USE OF THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

11. Applicable Law/Choice of Forum

The laws of British Columbia, Canada govern these Terms, without reference to conflicts of law principles.

12. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and The University of British Columbia relating to the Site. Any other agreements between you and The University of British Columbia regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.

13.  Termination

We may suspend or terminate your access to all or part of the Site, at any time, without notice, and for any reason. If you fail to comply with these Terms, you no longer have authorization to use the Site and any and all rights granted to you under the Terms are revoked. Your obligations under these Terms will continue upon termination of your rights, including restrictions regarding the Content, disclaimers, indemnification, and liability.

 

Last updated: [Nov. 10, 2015]