Please read these Terms and Conditions carefully before accessing and using the Canadian Aquatic Biomonitoring Network(“CABIN”) Database(“Database”) operated by Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment (“ECCC”).
As a CABIN Partner, if you previously uploaded data on the CABIN Database, that data will be maintained in the Database and either shared or not shared on the terms previously agreed to in the Data Sharing Agreement, unless you agree to new terms and conditions.
Prior to uploading new data to the CABIN Database, you may send a request to f.RCBA-CABIN.f@ec.gc.ca that specific data, including study name, site code, and sampling date, not be shared with CABIN Partners and / or the general public for a specified period of time.Where no such request has been made and granted, or at the end of the period specified when a request was granted, you grant to ECCC the right to use the data uploaded into the CABIN Database on the terms and conditions below.
Your use of the CABIN database, whether or not you have uploaded data, is governed by the terms and conditions below(collectively "Terms and Conditions” or “Agreement”).
LEGAL INFORMATION
This Database is governed solely by applicable provincial laws of Ontario and the federal laws of Canada applicable therein. Use of the Database constitutes consent to the application of those laws, as well as the Terms and Conditions below.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS DATABASE.
ECCC has the right to amend these Terms and Conditions at any time and in any way, and may do so without any other notice. Any such amendment shall be effective fifteen (15) days following its posting on the Database.
INTELLECTUAL PROPERTY
Nothing in this Agreement shall be construed as granting expressly or by implication any transfer or assignment in respect of any patent, copyright or any other intellectual property. As such, any intellectual property related to the data shall be the property of the CABIN Partner or ECCC as appropriate.
RIGHTS AND LICENCE GRANT
As a CABIN Partner, you grant to ECCC a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use the data you have collected and uploaded into the CABIN Database, in any medium, mode or format, including copying, modifying, publishing, translating, adapting, distributing or otherwise using the data.ECCC may grant rights and sub-licences to third-parties to use the data under terms and conditions that are substantially similar to those in this Agreement.
DISCLOSURE
ECCC has the right to make the data in the Database available to the general public via the Government of Canada’s Open Government Portal at https://open.canada.ca on terms as set out therein and under the Open Government Licence at https://open.canada.ca/en/open-government-licence-canada.
LIMITATION OF LIABILITY
The data is provided and licensed “as is” and the CABIN Partner or ECCC excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The CABIN Partner or ECCC is not liable for any errors or omissions in the data, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with the data or licence granted, even if specifically advised of the possibility of such loss, injury or damage.
By logging in to the CABIN database you consent that you have read and agree to the Terms and Conditions above, related to the CABIN Database.