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 (also referred to as “you” or “your”). 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
Content: Metadata records, geospatial data, and other information harvested or created by the Service.
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 Digital Research Alliance of Canada.
Site: Lunaris website, https://www.lunaris.ca.
User: An individual who makes use of the Site or the Service by searching for and accessing metadata records.
2.0 Permitted Use of the Site and Services
All individuals using the Site and Service 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:
- except with the Service Host’s prior authorization, upload, transmit, or distribute to or through the Site or Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- utilize, in any manner, the Site or Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- use the Site or Service to harvest, collect, gather or assemble information or data regarding Users without their permission;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Service, or violate the regulations, policies or procedures of such networks;
- use software or automated agents or scripts, other than those provided by the Service Host, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or Service;
- except with the Service Host’s prior authorization, “frame” or “mirror” any part of the Site or Service or use meta tags or code or other devices containing any reference to the Service Host, the Site or Service in order to direct any person to any other websites for any purpose;
- tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Site or Service; or
- license, sell, rent or lease any part of the Site or Service.
A central function of the Site is to harvest and make available Content in the form of metadata records from third party repository websites. Should a User identify Content erroneously indexed by the Service, the User should notify the Service by contacting support@lunaris.ca.
Harvested metadata records are not under the Service Host’s control. If a User finds erroneous information contained in a metadata record that has legitimate reason for removal, the User should contact the source repository of that record. Changes to metadata records in source repositories may take up to one week to be reflected on the Site. Upon receipt of a written request regarding changes to metadata in source repositories, the Service will make best efforts to expedite the reflection of the changes to the metadata record on the Site. Written requests should be sent to support@lunaris.ca.
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 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 Metadata
The Service will harvest publicly available metadata distributed across multiple platforms and repositories that include data produced by Canadian institutions.
Metadata from the Service will be available through the Site (https://www.lunaris.ca) and exposed via an API (such as an OAI-PMH endpoint). When assessing a repository’s eligibility for harvesting, the Service confirms licensing terms with repository representatives to ensure metadata is publicly available for reuse, but the ultimate responsibility for confirming the licensing terms of the metadata in the source repository rests with the User. Effort will be made to ensure harvested metadata meets internationally accepted best practices and standards.
Further information about metadata protocols may be found in the Metadata Harvesting Policy.
4.0 Privacy
The Service Host respects the privacy of Users and Content and will only collect, use, and disclose Personal Information in keeping with information access and privacy law. Further information about privacy protocols may be found in the Privacy Policy.
5.0 General Provisions
5.1 Disclaimers
The Site, Service and Content are made available to 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:
- the Site, Service or Content will meet your requirements or that any particular result (or any result) will be obtained through using the Site or Service;
- access to the Site or Service will be uninterrupted, timely, secure, or error-free; or
- the quality or reliability of the Site, Service or Content will meet your expectations or that the Content is accurate, complete, reliable, useful, timely or current.
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 inability to use the Site or Services.
5.2 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:
- the use or inability to use the Site, Service or Content;
- actions or inactions of other Users or any other third parties for any reason; or
- any other matter arising from, relating to or connected with the Site, Service, Content or these Terms of Use.
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 Service, 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 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.
5.3 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.
5.4 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.
5.5 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.
5.6 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@lunaris.ca.
If you have any questions or concerns about the collection, use, or disclosure of Personal Information as regards Lunaris, please view the Privacy Policy or contact us at privacy@lunaris.ca
5.7 Proprietary Rights
You acknowledge and agree that the all rights, title and interest in and to the Site, 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 is owned solely by the Service Host and their licensees.