DFCM Open WEBSITE TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT (the “Agreement”) BETWEEN YOU AND THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO, AS REPRESENTED BY ITS DEPARTMENT OF FAMILY AND COMMUNITY MEDICINE AT THE FACULTY OF MEDICINE (“DFCM,” “we”, “us”, “our”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, ACCESSING OR BROWSING THIS WEBSITE.
THIS AGREEMENT WAS LAST UPDATED ON:
APRIL 4, 2013.
Access, Use and Updates to the Agreement
Thank you for visiting this website. By accessing, browsing or otherwise using this website (“DFCM Open”), you agree without limitation or qualification to be bound by the terms of this Agreement and such other terms and conditions, rules and policies which you may be directed to or are displayed in connection with the use of DFCM Open, all as amended from time to time. If you have not read, or do not understand, or do not agree to this Agreement you may not use DFCM Open.
DFCM reserves the right, in its sole discretion, to change the terms of any part of this Agreement, in whole or part, at any time. Except as otherwise provided herein, changes will be effective when notice of the change is posted on DFCM Open. Please check back regularly for updates by checking the date of the last update above. Your continued use of DFCM Open following the posting of an amended Agreement will mean you accept those changes. Further DFCM reserves the right to change, modify, suspend or discontinue any aspect of DFCM Open or Content (as defined below) from time to time without notice or liability for any reason whatsoever.
DFCM Open respects your privacy.
You may browse and preview material on DFCM Open without opening an account and joining DFCM Open. However, to download material from DFCM Open, you must join DFCM Open by creating an account.
When you create an account, we will collect information about you. Information you may be asked to provide for a DFCM Open account comprises your: name, email address, website address (if applicable), address, phone number, university affiliation (if applicable) and health care profession (if applicable).
In addition, each time that you download material, you will be asked to identify yourself as a student, faculty, educator, administrator, researcher, librarian, patient, health care provider or member of the general public for the purposes of that download. You will also be asked how you plan to use this resource: clinical care, teaching or training, curriculum development, assessment and evaluation, research or self-learning.
The information that we retain when you download material depends on how you have identified yourself for the purposes of that download:
If you identify yourself as a student, patient or member of the general public, when you download material DFCM Open will only retain a record of the item that you downloaded, your university institution (if applicable), your country, your email address and the date you downloaded the material. We will retain this anonymous data for statistical, program improvement, planning and reporting purposes. We will retain your email address only for the purposes of notifying you if material that you have downloaded or linked to from DFCM Open has been removed from the DFCM Open website.
If you identify yourself as faculty, educator, administrator, researcher, librarian, or health care provider, when you download material DFCM Open will retain your detailed identifying account information for that download.
Authors who contribute content to DFCM Open can generate a usage report for their posted material, which will allow them to gauge the impact of their material. The usage report provides each author anonymous usage information, including the total number of users who have viewed and or downloaded / linked to the author’s material. For more information please see INSERT LINK to About the usage report data and structure in the website copy.
If DFCM Open wishes to use or disclose information about you or your usage for any other purpose, you will be contacted and your consent requested.
If you have any questions, please contact DFCM Communications, at 416-978-8793, 500 University Avenue, Toronto, Ontario, M5G 1V7, firstname.lastname@example.org.
Ownership of Website Content
Except for public domain material, all content and material on and/or forming part of DFCM Open from time to time, including all text, information, submissions, links, graphics, audio, video, animation, logos, trade-marks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by DFCM or its licensors. All rights not expressly granted to you in this Agreement are reserved. Subject to your compliance with the terms of this Agreement, DFCM grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or play a single copy of the Content as long as you do not alter or modify the Content and you maintain all copyright and other proprietary notices. Articles posted on DFCM Open are subject to a Creative Commons license chosen by the author(s) and you agree and acknowledge that your use of each such article is subject to the terms and conditions of its applicable Creative Commons license. To the extent that there is a conflict between: (a) the applicable Creative Commons License; and (b) the license granted above to Content, the applicable Creative Commons license governs. Other than as explicitly set forth in this Agreement, nothing will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of DFCM or such third party that may own the Content displayed on DFCM Open. Any unauthorized use of any of the Content is strictly prohibited.
Except as expressly provided herein, DFCM Open and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of DFCM. Prohibited conduct includes, without limitation:
(a) modifying, translating, reverse engineering, decompiling, disassembling DFCM Open, the Content or any part thereof;
(b) renting, leasing, sublicensing or transferring any rights in DFCM Open or the Content;
(c) removing any proprietary notices or labels on DFCM Open or the Content;
(d) violating, plagiarizing or infringing on the rights of DFCM or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
(e) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of DFCM Open or any Content, or in any way reproduce or circumvent the navigational structure or presentation of DFCM Open or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through DFCM Open without DFCM’s express written consent;
(f) making any unauthorized use of the Content (including use on any other website or networked computer environment);
(g) knowingly uploading or otherwise introducing to DFCM Open any computer virus, clock, timer, counter or disabling code, design, routine, or other harmful component or code;
(h) using DCFM Open to:
(i) infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
(ii) denigrate anyone because of their race, religion, country of origin, sexual orientation, gender or other attribute;
(iii) communicate distribute, propagate, transmit, or publish any profane, defamatory, infringing, obscene, pornographic, indecent, libellous, tortious or otherwise unlawful information or any content that relates or pertains to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
(iv) depict violent or criminal acts, or seek to incite violence or crime;
(v) include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;
(vi) involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity;
(vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(viii) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity; or
(ix) engage in any conduct that DFCM, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with DFCM Open or DFCM’s computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
All sessions on DFCM Open are secured using appropriate encryption and other security measures. The servers hosting DFCM Open are protected by sophisticated firewall hardware and software, and are physically located in secured facilities.
In order to be able to post articles on DFCM Open or to use certain of the services made available on DFCM Open, you may be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on DFCM Open, and (b) all activities that occur under such password or account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. Further, you agree to notify DFCM of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account. DFCM will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
(a) No Warranties
DFCM Open AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, DFCM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. DFCM DOES NOT WARRANT THAT DFCM Open OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DFCM Open OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DFCM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, SUBMISSIONS OR OTHER INFORMATION PROVIDED THROUGH DFCM Open OR ON THE INTERNET GENERALLY. IN NO EVENT WILL DFCM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
(b) Linked Sites
DFCM shall have no responsibility or liability to you in connection with third party websites accessible by links posted on DFCM Open (“Linked Sites”). Access to Linked Sites is at your own risk and DFCM is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. DFCM provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by DFCM.
The Internet may be subject to breaches of security. DFCM is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing DFCM Open or the DFCM any information or posting information to DFCM Open.
(d) Professional Advice
The Content of DFCM Open may contain certain facts, opinions, views, statements, recommendations and information provided by third parties including but not limited to third parties in professional fields such as medicine, and other health and fitness related areas and other professional fields (“Third Party Information”). Such information is for research purposes only and is not to be used or construed as a substitute for professional advice. Use of DFCM Open does not replace consultations with qualified medical or other professionals. Third Party Information may be out of date. You acknowledge that any reliance on such Third Party Information is at your sole risk and that DFCM does not give medical or health advice. You agree that DFCM shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Third Party Information.
Limitation of Liability
YOU AGREE THAT THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO, ITS OFFICERS, FACULTY, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED $50 IN CANADIAN FUNDS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO, ITS OFFICERS, FACULTY, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO: (I) ANY BREACH OF THIS AGREEMENT, (II) YOUR ACCESS TO OR USE OF DFCM Open; (III) YOUR USE OF OR RELIANCE ON ANY CONTENT; OR (IV) YOUR VIOLATION OR ANY LAW OR THE RIGHTS OF ANY THIRD PARTIES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
DFCM may, in its sole discretion, terminate or suspend your access to all or part of DFCM Open or the Content and remove and discard any content at its convenience or for any reason. You agree that any suspension and/or termination of your access to DFCM Open may be effected without prior notice and that DFCM will not be liable to you or to any other person as a result of any such suspension or termination.
All trade-marks and trade names used, mentioned or displayed on DFCM Open are trade-marks or registered trade-marks of DFCM, its affiliated companies or of their respective owners. The display of trade-marks or trade names on DFCM Open does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trade-marks and trade names is strictly prohibited.
Access to DFCM Open and the Content is not permitted where prohibited by law. If you choose to access DFCM Open, you do so on your own initiative and are responsible for compliance with applicable laws.
This Agreement and your use of DFCM Open shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against DFCM in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and DFCM in connection with your use of DFCM Open. Your use of DFCM Open is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and DFCM other than that of independent contractors.