UM Web Site Terms of Use

*Note that this document is available in alternative formats, upon request. Please contact the Copyright Office at um.copyright@umanitoba.ca.

Welcome to the University of Manitoba (“the University”) web site. The web site (hereinafter referred to collectively as the "Site") consists of content provided under the “umanitoba.ca” domain and its subdomains (e.g., http://umanitoba.ca/research/).

Please read the following Terms of Use carefully before using this Site. Your access to and use of the Site shall be governed by these Terms of Use. By using this website you will be deemed to have agreed to these terms just as if you had signed this agreement. If you do not agree to the Terms of Use, do not use the Site. The University reserves the right to amend or modify the Terms of Use at any time without notice. Please revisit this page periodically to review the Terms of Use to which you are bound.

The Site is owned and operated by the University. All content provided on the Site is intended for personal non-commercial use. Content on the Site should not be used to replace either official documents (except where the content on the Site is explicitly identified as comprising the official version of a document). The content on the Site is not intended to be a substitute for professional advice, whether medical, legal, or otherwise. The University reserves the right to terminate or modify, in any manner, the Site, and/or any part of any related web site, any link or linking program at any time for any reason.

Copyright
This Site and its content are protected by copyright laws. The University respects the intellectual property of others and expects users of the Site to do the same. You acknowledge that the Site contains text, information, logos, images, photographs, graphics, icons, trademarks, tradenames and other viewable content that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed.

The University may remove any content that infringes the copyright or other intellectual property right of any person.

If you believe that your intellectual property right is infringed by any content on the Site, contact um.copyright@umanitoba.ca with the particulars of your claim.

Proprietary Rights and Permission to Reproduce
The content, but not any logo or other visual representation, on the University Site may only be used and reproduced in compliance with the Copyright Act for personal non-commercial purposes. Use of the content is subject to the provision that the content is not modified and that copyright and other legal or proprietary notices contained therein are not deleted or removed. Content on the Site may not otherwise be used, reproduced, linked to, broadcast, distributed, transmitted, published or re-disseminated without the prior written permission of the University or the content owner. You are prohibited from associating the University of Manitoba Site or its content with marketing materials, advertisements, outside links, and or/information that was not derived in its entirety (including the context of the information or the content’s usage) from the Site. 

You agree that you will not reproduce any trade mark of, or imply any endorsement or relationship with, the University or its licensors. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners. Nothing contained herein shall be construed as conferring any license or right under any of the University’s copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to the University and its licensors.

For permission to use the content other than for personal non-commercial purposes, direct your request to the unit responsible for the content, if designated, or to um.copyright@umanitoba.ca.

Limitation of Liability
While care has been taken to include accurate and up-to-date content on the Site, the University does not guarantee its accuracy. All content on the Site is provided on an "as is" basis without any warranties of any kind. Furthermore, some content on the Site has been provided by third parties and any such content is not the responsibility of the University. Content on the Site may contain errors (typographical or other) or omissions, and may not be suitable for the purposes of your intended usage. If you intend to rely up on any information contained on the Site, the University of Manitoba strongly encourages you to confirm the information by communicating with a representative of the University of Manitoba.

You shall be fully responsible for any consequences resulting from your use of the Site. The University will not be responsible for any injury or damage arising from its use. The University does not guarantee the quality, accuracy, reliability, usefulness, completeness or timeliness of the content on the Site. The University assumes no responsibility to the user or any third party for the consequences of any errors or omissions.

The University shall not be responsible for, and you waive any claims arising from, any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the content available on the Site, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.

You expressly accept that the University does not assume any responsibility for the uninterrupted or error free operation of the Site or warrant or represent that the Site is free of corruption of data, viruses or other harmful components. The Site will not be available at all times; it will be inaccessible during maintenance periods, and may be unavailable due to emergency maintenance or technical difficulties.

The University makes no claims that the content is appropriate or may be downloaded outside of Canada or the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

No Endorsement
The Site may contain links to other sites. These links are provided as a convenience to help you identify and locate other Internet resources that may be of interest. Parties other than the University independently develop and maintain these other sites. The University does not control the sites nor assume responsibility for the accuracy or appropriateness of the content contained at such sites. In providing links to other sites, the University is not acting as a publisher or disseminator of the content contained on these other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that the University is associated with or is legally authorized to use any trademark, tradename, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The University does not endorse the content or advertisements displayed, contained on, distributed through, or linked, downloaded or accessed from this Site, nor the quality of any products, information or other content displayed, purchased, obtained or used by you as a result of the Information in connection with the Site. These third party sites may contain content that some people may find inappropriate or offensive. The University is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. The University shall not be liable for any damages or costs arising out of or in any way connected with your use of any third party web sites accessed through this Site.

The mention of another party or its product or services on the Site should not be construed as an endorsement of that party or its product or service.

Trademarks
Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks, trade names or official marks of the University or other entities. The display of any such marks or names on the Site does not imply that the University or other entities have granted a license or authorization of any kind to use such marks or names.

Forums and Content Submission
The University assumes no responsibility for content posted in connection to a chat board, discussion forum or similar service, and cautions that Site users participating in online forums may not be who they purport to be, or hold the expertise or affiliations they attest to.

You agree that all content, including information, data, text, software, music, sounds, graphics or video whether publicly posted or privately transmitted, are the sole responsibility of the party from which such content originated. You agree that you will not upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. You warrant that the content you uploaded is truthful, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable. You agree that you will not, directly or indirectly, in any manner whatsoever, use any such forum or similar service for solicitation, advertisement or promotion of any business; any activity that is inconsistent with the purposes and intent of the University; or any illegal or unlawful purpose.

If you are a minor, you must have permission from your parent or guardian to upload any content to a forum or similar service. The University may request a parent's or guardian's email address from anyone who uploads any content to a forum or similar service for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that content is uploaded without permission, all uploaded content will be removed immediately and without notice to you.

The University reserves the right to remove any content from the Site, in its sole and absolute discretion, at any time, and to terminate the privilege of any user to post on any forum or similar service, or to participate in other University services if they misuse the posting privilege or violate this Terms of Use. By continuing to access this Site, and by submitting content to the University, you agree that you shall have no recourse against the University for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to it. By submitting content, you confirm your understanding that you will not be entitled to any compensation or other remuneration because of the University’s use or disclosure of such other content or identical content. You hereby acknowledge that no fiduciary or confidential relationship exists between you and the University, either now or by reason of your submitting any content to it, unless you and the University have made and executed a separate written agreement to the contrary.

Monitoring
You agree that the University has no obligation to monitor the Site or any content accessible through the Site or any of the services. However, you agree that the University has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a web site or any of the services properly, or to protect itself or its users in accordance with the University’s Privacy Statement.

The University reserves the right to investigate complaints that visitors may make about the content on the Site or on a forum or similar service.

Access and Interference
In using the Site, you agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not use any robot, spider, other automatic device, or manual process to impose an "unreasonable or disproportionately large load" on the University’s infrastructure. An "unreasonable or disproportionately large load" is one that prevents other members of the University community from gaining fair and equitable access to web-based systems and resources.

Malicious Software
While every effort is made to ensure that all content provided on the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items or information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

Governing Law and Jurisdiction
The laws of the Province of Manitoba and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this document, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding instituted under or related to your use of the Site.

Web Analytics
This Site uses web analytics tools to help analyze how the Site is used and to improve visitors’ online experience. These tools work by tagging web pages to capture a limited amount of data (including the internet protocol (‘IP”) address of the computer, device or network being used to access the pages). This data is used for aggregate reporting purposes. None of this data can be used by the University or the service provider to identify you.

Web analytics tools work by using cookies (small files stored on your computer’s web browser). You may refuse the use of cookies by selecting the appropriate settings on your browser (note that if you do this you may not be able to use the full functionality of this web site).

Integration, Severability and Survival of Terms
These terms of use compose the entirety of the Agreement between you and the University of Manitoba. In the event that any provision of these terms of use is found to be invalid and unenforceable, the invalidity will have no effect on the enforceability of the remaining provisions of these terms of use, which will remain valid and in force.

These Terms of Use apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any content or any portion thereof. Notwithstanding the foregoing, the provisions set out in the Terms of Use relating to Copyright, Proprietary Rights and Permission to Reproduce, Limitation of Liability, No Endorsement, and Trademarks shall survive the termination of the Terms of Use and shall survive thereafter in perpetuity.

© 2017 The University of Manitoba. All rights reserved.