CanWIN Terms of Use

Terms of Use of the Canadian Watershed Information Network (CANWIN)

IMPORTANT: YOUR ACCESS TO THIS WEB SITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS OF USE BEFORE PROCEEDING.

1. Terms

By accessing this Web site and Database, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to this web site shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions.

2. Ownership and Copyright

In using this Web site, you acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on this website (collectively the "Content") including the manner in which the content is presented or appears and all information relating thereto are the property of their respective owners as indicated, the CANWIN administrators or its licensors, as the case may be.

3. Purpose of Database

The CANWIN Database is formed of specific metadata and data provided by researchers (“Researcher”), with their express consent. The purpose of adding metadata is to create an internationally standardized and searchable data collection. Please note that the addition of Content in the Database does not constitute an endorsement by the CANWIN administrators of any such Content provided by the Researcher. The University and CANWIN administrators have no control or power over such Content.

4. Use Licence

Permission is granted to temporarily download one copy of the materials within the Database for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

(a) modify or copy the materials; outside of the Data Set licence in the metadata;
(b) use the materials for any commercial purpose unless allowed by the dataset licence'
(c) attempt to decompile or reverse engineer any software contained on the CANWIN website;
(d) remove any copyright or other proprietary notations from the materials; and
(e) transfer the materials to another person or “mirror” the materials on any other server.

5. Database access

The University or the CANWIN administrators may terminate your access to this Database if you make or permit any unauthorized use of this Database or Content. Such actions by you may violate applicable laws including, without limitation, copyright, patents and trademark laws and communications regulations and statutes.

6. Exclusion of Warranties

The University and the CANWIN administrators make no representation or warranty regarding the functionality or condition of this Database, its suitability for use, or that its use will be uninterrupted or error-free.

THE DATABASE AND ALL ITS CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE UNIVERSITY AND THE CANWIN ADMINISTRATORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE DATABASE WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE DATABASE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE DATABASE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE DATABASE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE DATABASE WILL BE SECURE AND/OR NOT INTERCEPTED.

The Content is not intended to provide specific technical, business, accounting or other advice for your individual circumstances, and you should consult your own professional advisors to determine how any information or material provided in this Database apply to your individual circumstances. These exclusions are in addition to any specific exclusion otherwise provided in these Terms of Use. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted, do not apply.

7. Limitation of Liability

THE UNIVERSITY AND CANWIN ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE UNIVERSITY OR THE CANWIN ADMINISTRATORS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole and exclusive remedy is to discontinue using and accessing this Database. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.

8. Ownership and Confidentiality

The Content is provided by the Data Sources and Researchers. The University and the CANWIN administrators do not represent or warrant that such Content does not infringe the rights of any other person or entity. Furthermore, you acknowledge that information or material which you provide electronically through your access to or usage of this Database is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. Trademarks and logos (collectively, "Marks") displayed on this Database are registered or unregistered Marks of the respective Partners, Collaborators , the CANWIN, the University or others, are the property of their respective owner, and may not be used without written permission of the owner of such Marks except where stated.

9. Links

Links and references to other Internet websites are provided to you as a convenience only. The University and CANWIN have not reviewed and do not expressly or impliedly endorse other Internet websites or any information or material, or the accessibility thereof, via such links, and do not assume any responsibility for any such other Internet websites, information or material posted thereon, or products or services offered thereon. CANWIN TOU & Data Statement Canadian Watershed Information Network (CanWIN)

10. Damage to Others

You agree not to introduce into or through this Database any information or material which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in Content which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

11. Changes to Terms of Use

The University or CANWIN administrators may modify, alter or otherwise update the Terms of Use applicable to this Database from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Database.

12. Contact Information

If you have any questions or concerns about the Database terms, practices, third party material, or about your personal information if you provide any, please contact the CANWIN at:

Phone: (204) 474-9297
Email: portalco@umanitoba.ca
Mail: Canadian Watershed Information Network 535 Wallace Building Winnipeg, MB Canada R3T 2N2