ONS Terms of Use

TERMS OF USE

Introduction

Please note that by accessing the datasets, you agree to these Terms of Use, which are intended to protect and promote the commitment of the Ottawa Neighbourhood Study (ONS) to publicly available and accessible data and ensure that the recipients of these datasets give back to the community the benefits they derive from their use.

If you have any questions or comments about these Terms of Use, please contact us.

Your access to the datasets

This licence does not grant you any right to use

  1. Personal Information,
  2. Information or Records not accessible under the Freedom of Information and Protection of Privacy Act (Ontario),
  3. Third party rights that the ONS is not authorised to access, and
  4. Information subject to other intellectual property rights, including patents, trade-marks and official marks.

The terms of this licence are important, and if you fail to comply with any of them, any and all rights to access the datasets will end automatically.

Giving the Ottawa Neighbourhood Study credit

You must give ONS credit for each use or reproduction of the datasets by

  1. conspicuously announcing that these datasets are publicly available from the ONS under these Terms of Use,
  2. including the Uniform Resource Locator (URL) for these Terms of Use, and
  3. ensuring that users agree to and are bound by these Terms of Use but without introducing any other restrictions of any kind.

If you are uncertain about how to appropriately give ONS credit, you must contact the ONS Co-Investigators regarding an appropriate citation.

Upon the request of the ONS, you may be required to remove a credit from future uses or reproductions should the ONS decide that such credit is not in the public interest.

Here is an example of a credit (in this case for neighbourhood population data:  Statistics Canada Census of Population 2011; Ottawa Community Data Consortium, Community Data Program of the Canadian Council on Social Development, accessed from the Ottawa Neighbourhood Study under their Terms of Use.

Future changes to datasets/Terms of Use

The ONS may at any time and from time to time add, delete, or change the datasets or these Terms of Use. Notice of changes may be posted on the home page for these datasets. Any change is effective immediately upon posting, unless otherwise stated.

Compliance with law – Your responsibility

You assume sole responsibility for your use and reproduction of the datasets complying with all applicable laws and industry standards.

No warranty with datasets

You get no warranties, express or implied, including but not limited to warranties of merchantability and fitness for any purpose. In no event will the Ottawa Neighbourhood Study and its partners be held liable for any direct, special, indirect, inconsequential or other damages howsoever caused as a result of the use of ONS data.

By this, we mean, for example (but without limiting the total intended scope of the preceding sentence) that

  1. while reasonable efforts have been made in preparing these datasets for use by you, the ONS cannot give any promises as to the completeness, currency, or accuracy of the datasets nor that access will be continuous,
  2. the ONS cannot make any promise that the datasets are free and clear of any possible third party copyright, moral rights, or other claim,
  3. the datasets have been modified from their original source, and
  4. all data visualisations on maps are approximate and include only records that can be mapped.

You accept these datasets on an “as-is, where is” basis and agree to use them at your own risk.

Exclusion of liability

You agree that you will not and cannot sue the ONS, the University of Ottawa, or any of the ONS partners for anything which the ONS does or does not do (even if intentional or negligent) in connection with the datasets and your use or inability to use them. Without limiting the general scope of the preceding sentence, this means that the ONS and its agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages or losses.

Liability for not complying with Terms of Use

If, as a result of your breach of these Terms of Use, the ONS gets sued or is required to pay someone money, you agree to protect the ONS and reimburse the ONS for everything which you cause the ONS to suffer. This means that you agree to defend, indemnify, and hold harmless the ONS and all of its agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms of Use, including reasonable legal fees and costs. You agree to cooperate fully in the defence of any such claim. The ONS reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the ONS.

Cancellation for non-compliance

The ONS may, in its sole discretion, cancel or suspend your access to the datasets without notice and for any reason, including anything which the ONS, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorised to use or reproduce these datasets, and the ONS may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the datasets from you and who is otherwise in compliance with these Terms of Use.

No endorsement

You may not publicly represent or imply that the ONS is participating in, or has sponsored, approved, or endorsed the manner or purpose of, your use or reproduction of these datasets.

No association

You may not use any trade-mark, official mark, official emblem or logo, of the ONS, or any of its other references or means of promotion or publicity without the ONS’s prior written consent nor in any event to represent or imply an association or affiliation with the ONS.

Governing law and jurisdiction from which datasets are published

These datasets are published from within the Province of Ontario, Canada. These Terms of Use are governed by Ontario law and the ONS and you now irrevocably submit to the exclusive jurisdiction of Ontario courts with respect to any and all matters arising under these Terms of Use or these datasets.