Terms of Use

This document (the Terms of Use) sets forth your rights and responsibilities when using the Site and Service (both defined below).

These Terms of Use form a contract between the Service Host and you, the User or Submitter (also referred to as “you” or “your”). By clicking a box indicating your acceptance of these Terms of Use or by accessing or using the Site or Service, you agree to be bound by these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by the Service Host.

If you are not of the age of majority in your place of residence, do not agree with these Terms of Use or otherwise do not have the authority to enter into these Terms of Use, you must not access the Site or Service.

1.0 Definitions

Collaborators: Submitters may designate other FRDR users as Collaborators on a submission. Collaborators will be able to edit Content prior to publication.

Content: Data and associated material (e.g., metadata records, software code, ReadMe text, etc.) uploaded to the Service by Submitters.

Curator: An individual who has responsibility for managing a set of Content in the Service. This may include but is not limited to making acceptance decisions on submission of Content, auditing and improving metadata, and migrating the Content if necessary.

FRDR: Federated Research Data Repository

Personal Information: Personal information is any recorded information that identifies an individual.

Service: The services available on or at the Site offered by the Service Host.

Service Host: The legal entity responsible for offering the Service, being the New Digital Research Infrastructure Organization (NDRIO).

Site: Federated Research Data Repository (FRDR) website, https://www.frdr-dfdr.ca/

Submitter: An individual who publishes Content to the Service. It is anticipated that, in the majority of cases, the Submitter will be an author of the Content or associated datasets or a researcher collaborating with the author(s).

User: An individual who makes use of the Service by either browsing the Site or downloading Content.

2.0 Permitted Use of the Site and Services

All individuals using the Site and Service, including Users and Submitters, may only access and use the Site and Service for lawful purposes and in accordance with these Terms of Use. You must not use the Site or Service for unlawful or fraudulent purposes or in any other manner prohibited by these Terms of Use.

Subject to your compliance with these Terms of Use, the Service Host grants you a non-transferrable, non-exclusive, revocable, limited license to access and use the Site and Service.

You are not permitted to use the Site or Service to:

Materials on the Site and Service may contain links to material (including Content) on third party websites (“Linked Materials”). Those Linked Materials are not under the Service Host’s control and the Service Host is not responsible for the contents of any Linked Materials. The links to other websites are provided for convenience purposes only and the Service Host does not purport to sponsor, approve or endorse any of the Linked Materials. Any Users or Submitters that access any Linked Materials are encouraged to review the terms and conditions applicable to any third party websites, as these Terms of Use only apply to the Site and Service.

3.0 Submitter Responsibilities

All Submitters agree to the following:

4.0 Publication of Content

For Content that is hosted on the Service, the Service Host will use commercially reasonable efforts to:

The Service Host will not be responsible for ensuring that Content submitted to the Service adheres to any requirements set out in these Terms of Use. The Service Host reserves the right, but has no obligation, to monitor or review the Content submitted to the Service. If Personal Information, not previously identified, is discovered in Content submitted to the Service, a Curator will use commercially reasonable efforts to notify the Submitter.

The Service Host reserves the right, without notice, at their discretion and without liability, to alter, withdraw from public access or remove Content that violates these Terms of Use or applicable laws. If Content is withdrawn from public access or removed for a violation of these Terms of Use or applicable laws, the Service Host may, in their sole discretion, retain a searchable record of such Content in the Service, including the metadata associated with that Content and reasons for removing or withdrawing access.

5.0 User Responsibilities

Users of the Service will:

6.0 Requests for Withdrawal, Removal, or Alteration of Content

Once Content has been submitted to the Service, Submitters may no longer directly alter, withdraw from public access or remove Content from the Service. Such requests are to be considered by curation support staff and will be granted at the discretion of a Curator.

All requests to temporarily or permanently withdraw from public access or remove Content from the Service must be made to the Service Host. Anyone wishing to have Content withdrawn from public access or removed from the Service, either for copyright infringement, or for other legitimate causes, should contact support@frdr-dfdr.ca. Anyone wishing to have Content containing Personal Information edited, withdrawn from public access or removed from the Service should contact privacy@frdr-dfdr.ca.

While the Service Host will consider every request for editing, withdrawal or removal of the Content from the Service, the Service Host is not required to approve any such request. If the Service Host approves any such request, the Service Host will promptly notify the Submitter of such approval.

7.0 Metadata

The Service will harvest publicly available metadata distributed across multiple Canadian platforms and repositories.

8.0 Privacy

The Service Host respects the privacy of Users and Submitters and will only collect, use, and disclose Personal Information in accordance with the FRDR Privacy Policy, which forms part of these Terms of Use. The Service Host encourages all Users and Submitters to review the Privacy Policy and use it to help make informed decisions.

9.0 General Provisions

9.1 Suspension and Termination

The Service Host reserves the right to immediately and without notice suspend any person’s (Submitter or User) access to and use of the Site or Service if that person engages in, or is suspected of engaging in, activities that violate applicable laws or otherwise do not comply with these Terms of Use.

The Service Host may, in its sole discretion, provide a period of 15 days to cure or cease activities that violate these Terms of Use. If the Service Host provides a cure period and the offending activities are not cured or do not cease within the cure period, or if the Service Host determines that the breach of these Terms of Use cannot be cured, your account or access to the Site and Service will be terminated.

9.2 Disclaimers

The Site, Service and Content are made available to Submitters and Users on an "AS IS" basis and you acknowledge and agree that your use of the Site, Service and Content are at your sole risk.

The Service Host does not represent, warrant or covenant that:

Except as set forth herein, and to the maximum extent permitted by law, the Service Host disclaims any and all representations, warranties and conditions with respect to the Site, Service and Content, whether express, implied, statutory or otherwise, or arising by course of dealing or usage of trade, including, without limitation, warranties of title, non-infringement, quality, performance, compatibility, merchantability, and/or fitness for a particular purpose. The Service Host assumes no responsibility for, and is not liable for, any damage to your equipment, data or other property as a result of your access to, use of or browsing on the Site or Services or your downloading of any Content or other materials, or inability to do any of the foregoing.

9.3 Liability and Indemnity

To the extent not prohibited by law, the Service Host will not be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages arising from, relating to or connected with:

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, punitive or otherwise, including, without limitation, loss of data, income or profits or failure to realize anticipated benefits), whether based in contract (including fundamental breach), tort (including negligence), strict liability or otherwise, even if the Service Host has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Site, Service, Content or these Terms of Use, your sole and exclusive remedy is to discontinue using the Site and Service. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Accordingly, to the extent that any exclusion of warranties or limitations of liability do not apply in certain jurisdictions, the Service Host’s liability will be limited to the maximum extent permitted under applicable laws and in no event will the Service Host’s liability to you under any theory of liability exceed the amount of fifty Canadian dollars ($50).

You will indemnify, defend and hold the Service Host harmless from and against any claim, demand, action, loss, cost, expense, liability, or damage, including, without limitation, all reasonable legal fees and costs, investigation costs and settlement expenses, arising from (i) the use or misuse of the Site or Service; (ii) your access to the Site, use of the Services, use of the Content or violation of these Terms of Use; (iii) any injury, death or damage to property caused or contributed to by you; or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any third party in any way relating to the Terms of Use, the Site, Service or Content.

9.4 Dispute Resolution

These Terms of Use, your use of the Site and Service and all disputes arising from it in connection with these Terms of Use shall be exclusively governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada applicable in Ontario without regard to conflict of laws principles. You agree that, despite being available from a variety of jurisdictions, the Site and Service will be deemed solely based in the Province of Ontario, Canada; and the Site and Service will be deemed to be passive in nature and not giving rise to personal jurisdiction over the Service Host in jurisdictions other than the Province of Ontario. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any actions or proceedings arising out of or relating to the enforcement of these Terms of Use. However, you agree that nothing in these Terms of Use precludes the Service Host from applying for injunctive remedies or other urgent legal relief in any jurisdiction.

9.5 Entire Agreement and Severability

The Terms of Use, together with the Privacy Policy and other documents incorporated by reference into these Terms of Use, constitute the entire agreement between you and the Service Host with respect to the subject matter of these Terms of Use, and supersede all prior or contemporaneous agreements, negotiations communications and proposals (whether oral, written or electronic) between you and the Service Host with respect to the subject matter of these Terms of Use. 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.

9.6 Changes to Terms of Use

The Service Host reserves the right, at their sole discretion, to modify or replace these Terms of Use at any time, in which case the modified or updated Terms of Use will supersede prior versions. If the Service Host makes changes to these Terms of Use, the updated Terms of Use will be posted on the Site.

It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site and/or Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

9.7 Contacting Us

If you have any questions or comments with respect to the Site or Service, if you are unsure whether your intended use is in line with these Terms of Use, or if you seek

permission for a use that does not fall within these Terms of Use, please contact support@frdr-dfdr.ca.

If you have any questions or concerns about the collection, use, or disclosure of Personal Information as regards FRDR, please view the Privacy Policy or contact us at privacy@frdr-dfdr.ca.

9.8 Proprietary Rights

You acknowledge and agree that the all rights, title and interest in and to the Sites, Service, any additional data added by the Service Host to the Content and any trademarks, search software, user guides, documentation and other intellectual property that is created by or on behalf the Service Host relating to the Site or Service, including the submission of Content, is owned solely by the Service Host and their licensees.

Last Revised: 2021-11-23