Borealis, the Canadian Dataverse Repository, is a digital research data repository available to researchers at participating Canadian universities and research organizations with infrastructure hosted by the University of Toronto Libraries (UTL) in Ontario, Canada. The open-source Dataverse software is developed and maintained by the Institute of Quantitative Social Science (IQSS) at Harvard University, with the assistance of Dataverse community members from around the world.
Borealis is designed to provide Canadian researchers with a place to store, share, and publish their research data. It is also designed to allow researchers from around the world to discover, view, and download research data from Canadian researchers.
The following terms and conditions govern all use of the Borealis website (the Site) and the services available on or at the Site (taken together, the Service). The Service is operated by the University of Toronto Libraries (the Service Provider). The Service is offered subject to acceptance, without modification, of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies, and procedures that may be published from time to time on this Site by the Service Provider.
The Service Provider may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, at its sole discretion.
The Service Provider reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, “Content” includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Service Provider on or through the Service.
By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content using any communications service or other service available on or through the Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Service Provider at its sole discretion) an unreasonable or disproportionately large load on the Service infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures the Service Provider may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall abide by all applicable local, provincial, national, and international laws and regulations.
As a condition to using the Service, you may be required to register with the Site and select a password and username. Information related to the information collected through the use of the service can be found in the Borealis Privacy Statement.
You shall provide the Service Provider accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.
You shall not select or use as a username that:
The Service Provider reserves the right to refuse registration of, or cancel an account username, at its sole discretion. You are solely responsible for activity that occurs via your account and shall be responsible for maintaining the confidentiality of your password. You will immediately notify the Service Provider in writing of any unauthorized use of your account or other account-related security breaches of which you are aware.
The Service Provider provides Participating Institutions (post-secondary institutions with which the Service Provider has a contract for use of the Service) with an institutional collection in which they have administrative control. Participating Institutions also have the ability to create and enforce their own policies and procedures, all of which must be followed by users affiliated with that Participating Institution.
The Service provides affiliated users of Participating Institutions with the ability to access, upload, submit, disclose, distribute, and post Content, including, without limitation, documents, images, videos, audio, and other information. You acknowledge that the Service Provider is not liable for any loss of or damage to your Content, either in whole or in part.
You further represent and warrant that you are lawfully entitled and have the full authority to license your Content in the ways described in these Terms of Use, and that you are under no obligation or restriction created by law, contract, or otherwise that would prevent you from entering into and fully performing these Terms of Use.
The Service Provider does not review Content uploaded to the Service either before or after it is published (i.e., made public) via the Service. It is your responsibility to ensure your Content meets all the terms and conditions outlined in this Terms of Use prior to upload and publication via the Service. If the Content does not meet these terms and conditions, you will be held legally and financially responsible for damages if the Content violates these terms and conditions.
By publishing Content via the Service, you make the following representations and warranties:
By using the Service, you confirm that all your Content does not contain information that could directly or indirectly identify a subject, except where the release of such identifying information has no potential for constituting an unwarranted invasion of privacy and/or breach of confidentiality. You further confirm that all personally-identifiable information in your Content has at least one of the following conditions:
By depositing or uploading Content via the Service, you grant the Service Provider and Participating Institutions a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with this Service. This includes, without limitation, the creation of copies, back-ups, and alteration of data formats for the purposes of preservation and reuse. You further authorize the Service Provider and Participating Institutions permission to migrate your Content to any medium, format, or platform for the purposes of preservation. The Service Provider will make best efforts to maintain the integrity of your Content in accordance with the terms and conditions of its agreements with Participating Institutions.
You further provide permission for the Service Provider, without limitation, to:
The Service Provider reserves the right, but is under no obligation, to facilitate preservation, verification, management, and use, and to permanently archive your data at multiple locations.
The Service Provider has no obligation to monitor the Site, Service, or Content. The Service Provider and Participating Institutions may remove any Content at any time for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities related to the Content), including in accordance with curation and retention policies of the Service Provider and/or Participating Institutions.
The Service Provider may terminate your access to any or all of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you must notify the Service Provider.
All provisions of these Terms of Use which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE SERVICE PROVIDER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
THE SERVICE PROVIDER MAKE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR THE CONTENT PROVIDED.
IN NO EVENT SHALL THE SERVICE PROVIDER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE; OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (CANADIAN).
You will indemnify and hold the Service Provider harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of Ontario. All disputes under these Terms of Use will be resolved in the applicable provincial or federal courts of Ontario. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
The Terms of Use are the entire agreement between you and the Service Provider with respect to the Service and use of its Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Service Provider with respect to the Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of these 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.
The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the prior written consent of the Service Provider. The Service Provider may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
You acknowledge that the copyright of any data added by the Service Provider to your materials, and any search software, user guides, documentation, and any other intellectual property that is prepared by the Service Provider or its employees to assist users in using the Service will belong to the individual which created it.
™ The Dataverse Network and Dataverse logo are either trademarks or registered trademarks of the Institute of Quantitative Social Science (IQSS) at Harvard University.
This Terms of Use document is available under a CC BY-SA 4.0. It incorporates portions originally developed by Swivel, LLC, the Institute for Quantitative Social Science (IQSS) at Harvard University, the University of Toronto, and the Ontario Council of University Libraries (OCUL).
