Terms of Service
Terms of Service – Atlantic Facilities and Research Equipment Database (AFRED)
Updated: May 27, 2016
By accessing and using this website (the “Site”) and the services it provides (the “Services”), you (the “User”) agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the “Terms of Service“). Science Atlantic reserves the right to amend these Terms of Service at any time and without notice. These Terms of Service will be accessible on the Site at all times and the User undertakes an obligation to observe and follow these Terms of Service. Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Site or Services constitutes acceptance of the revised Terms of Service. Science Atlantic reserves the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service.
This Site and the Services we provide are intended only for individuals over the age of majority in the jurisdiction in which they reside.
AFRED: The Atlantic Facilities and Research Equipment Database, which is an online, open access, searchable database of User recorded information on research facilities and equipment intended to facilitate the exchange, sharing or use of these resources amongst interested parties and to facilitate connections between interested parties.
Content: means any information that is submitted to the Site, publicly or privately, including but not limited to – personal information, images, videos, graphics, sounds, texts and e-mails.
Science Atlantic (variously, “we” or “our”): a federally incorporated not-for-profit charitable corporation.
Services: means all services directly or indirectly related to the use of AFRED.
Site: means this website, https://www.afred.ca and all pages using this domain name.
User (variously, “you” or “your”): an individual who accesses and uses the Site.
Description of Service
The Atlantic Facilities and Research Equipment Database (AFRED), created and maintained by Science Atlantic, is an open access, online, searchable database designed to increase the use of specialized research infrastructure by connecting potential users with the facilities that host the equipment. The purpose of this tool is to promote increased interaction between industry, SMEs, researchers, and others involved in research and development, and to provide a starting point for the development of collaborations regionally, nationally, and internationally.
AFRED includes brief descriptions of research facilities and major pieces of research equipment, as well as contact information for the facilities, researchers and others associated with the facilities.
AFRED has the option for Users to submit a facility, edit a facility or do a search. Content is entered and updated by Users.
User Conduct and Responsibility
Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Site, Services, Science Atlantic or Users. This includes but is not limited to:
- illegal activity;
- threatening, abusive, obscene or harassing behaviour;
- invasions of privacy;
- distribution of software viruses;
- any interference with the proper operation of the Site; or
- bypassing of any security measures put in place by the Site, including but not limited to password protections.
You understand that all Content available in connection with AFRED is the sole responsibility of the person from whom such Content originated. This means that you, and not Science Atlantic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Science Atlantic does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Science Atlantic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that Science Atlantic may or may not pre-screen or monitor Content, but that Science Atlantic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, Science Atlantic and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Site and Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Site and Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site. You also agree not to change, translate, or otherwise create derivative works of the Site or Services.
Science Atlantic grants you a license to reproduce content from the Site for personal use only. This license is worldwide, non-exclusive, non-sublicensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Science Atlantic or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
You agree to indemnify and hold Science Atlantic and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site or Services, your connection to the Site, your violation of these Terms of Service, or your violation of any rights of another person or entity.
The User agrees that they use the Site and Services solely at their own risk. The Site and Services are provided “as is” and “as available” and without warranty of any kind, express or implied. Science Atlantic SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SCIENCE ATLANTIC SHALL CREATE ANY WARRANTY.
Limitation of Liability
To the fullest extent permitted by law, in no event will Science Atlantic, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Site and Services; (ii) for any lost profits or revenue, data loss, or cost of procurement or substitute goods or services; or (iii) for the conduct or content of any third party on the Site.
More specifically, Science Atlantic is not responsible under any circumstances for the actions, activities, or conduct of Users as it relates to any use of the Site or Services or equipment or resources listed on the Site or Services including, but not limited to:
- improper or damaging use of equipment;
- any harm to an individual as a result of using equipment;
- any damage to equipment or property;
- equipment usage without appropriate training or permission;
- attempts at countering or misrepresenting instrument use time or use type;
- inappropriate or invalid Content submitted by users;
- inaccurate training or maintenance records or disputed instrument use records;
- services listed and offered by Users;
- any actions by users or associated parties that violate the law
In no event shall Science Atlantic’s liability for direct damages be in excess of (in the aggregate) ten Canadian dollars ($10).
Dispute Resolution and Governing Law
These Terms of Service (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law. You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Nova Scotia and that you attorn to the jurisdiction of that court.
If any provision of these Terms of Service for any reason be declared invalid, such declaration shall not affect the validity of any remaining portion of these Terms of Service, which remaining portion shall remain in full force and effect.
You consent and agree to receive e-mails, phone calls, IMs and other electronic messages of all kinds, for any reason whatsoever.