Digital Harbour | Terms of Use

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Please read the following Terms of Use carefully. They apply to Your use of: (1) our website, located at  covedigitalharbour.com/app (the “Website”); (2) our web-based online services API portal (the “Services Portal”), and (3) the related services provided through our Website and Services Portal including without limitation data ingestion, visualization and export for purposes of data set comparison (the “Services”).  The Services are operated and provided by COVE.  The terms “we”, “us” and “our” refers to COVE.

When we use the phrase “Digital Harbour” we mean the (1) the Website, Services Portal and the Services; and (2) the software and associated services utilized by the foregoing to collect, compile, combine, real time marine data from multiple sources (or applicable third party licensors) to support research, development and innovation in the marine field.

The following terms and conditions govern the use of the Digital Harbour by all users (collectively, “Users” or “You”).  Please review these conditions carefully.  If You or Your organization does not agree to abide by these Terms of Use, You will not be permitted to use the Digital Harbour. 

We have created a Privacy Policy that describes our collection, use, and disclosure practices regarding any personal information that You provide to us.

Access:

You may access and view data from Digital Harbour without registering for an account. In order to download data from Digital Harbour, you must have a registered user account. In order to upload data to Digital Harbour, You must have a registered account associated with an Organization.

By registering, accessing or using the Services, You are signifying Your acknowledgement and agreement to these Terms of Use. Any information, data or other materials which You receive or to which You have access via the Digital Harbour is to be used for authorized purposes only. Your access and use of the Services is subject to periodic audit by COVE to monitor compliance. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each time You access the Services, You shall be subject to the then-current Terms of Use, and continued use of Services now or following modifications in these Terms of Use confirms that You have read, accepted, and agreed to be bound by such modifications.

All Users

Once granted access You acknowledge and agree that:

  1. If You are an individual, You are of legal age to form a binding contract and have the authority to enter into the Terms of Use personally or on behalf of the entity or organization You have named as the User.
  2. You are solely responsible and accountable for protecting the security of Your account. If You have any reason to believe that unauthorized access to Your account has occurred, You must immediately notify COVE and provide any and all information relevant to the incident(s) in question.
  3. Once You have received confirmation of successful registration, You agree to receive administrative notifications from COVE through the Digital Harbour to Your registered email address associated with Your account.
  4. You can use the account settings if You wish to deactivate Your account at any time.
  5. If You receive information via the Digital Harbour that You believe is inaccurate, incomplete, corrupted in transmission or not intended for You, You must immediately notify COVE for clarification.  Further, if COVE determines there is a need for corrective action, You agree to cooperate fully until the matter is resolved to the satisfaction of COVE.
  6. COVE is not responsible for the inappropriate use or disclosure of information made available through the Services, including information about You, or with respect to any third party, by any User given access to the Digital Harbour.

Organizations

Organizations may (through a designated Account Administrator) delegate and authorize access to the Digital Harbour to additional individual care provider Users within the organization. 

If You are an Account Administrator for Your organization, You are also responsible for providing and administering authorized use of the Digital Harbour by Users in Your organization. Without limiting the generality of the foregoing, You are responsible for terminating the access credentials of any User immediately upon such individual ceasing to be employed by Your organization.

As an Account Administrator, You acknowledge and agree that:

  1. You are solely responsible and accountable for managing access privileges for all Users within Your organization and furthermore, You must ensure that all Users protect the security of user ID’s and passwords at all times.
  2. Each account user must be made aware of and agree to these Terms of Use before granted access to the Digital Harbour.

Educational Institutions

If You are a school, library or other institution providing educational services to children (“Educational Institutions”), You may permit students enrolled in or participating in the programs offered by the Educational Institution to access and use the Services solely for education and instructional purposes, including classroom instruction, homework, and related activities (collectively, “Educational Use”) subject to the terms of these Terms of Use.

Where students are under the age of majority in their jurisdiction, the Educational Institution represents and warrants:

  1. The individual educator accessing the Services shall be the Account Administrator, on behalf of the Educational Institution and will supervise and responsible for students’ use of the Licensed Materials; and
  2. It will ensure that students use the Licensed Materials only for Educational Use and in compliance with these Terms of Use.
Intellectual Property and Proprietary Rights

All intellectual property rights, including without limitation copyright, in and to the Digital Harbour, and all Licensed Materials (including, but not limited to, all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), software, hypertext markup language (“HTML“), scripts and active server pages) used in the Services therein are owned by and shall remain owned by us, except as otherwise expressly stated in these Terms of Use.

You acknowledge and agree that the Digital Harbour and the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without our prior written permission.

Limited Licenses

We grant You a single user, worldwide, non-assignable, royalty-free, non-exclusive license to access, and use the Digital Harbour on a single computer or mobile device that You own or control and to run the Digital Harbour solely for Your own personal or internal research purposes. You may not use any data or Licensed Materials for any commercial purpose without the express written permission of COVE, which may be granted or withheld in our discretion.

Certain data made available through the Services may be licensed by third parties under various “open-source” or “public-source” licenses (collectively, the “Open Source”), or notwithstanding anything to the contrary in these Terms of Use, the Open Source is separately licensed pursuant to the terms and conditions of their respective Open-Source licenses.  You agree to comply with the terms and conditions of such Open-Source license agreements.

Licensed Materials

You agree that the grant of the above licenses in the Digital Harbour and content (the “Licensed Materials“) are subject to the following conditions and that You shall not directly or indirectly:

  1. reproduce the Licensed Materials or use the Licensed Materials in any compilation or publication in any medium, including without limitation, incorporate the information, content, or other material in any database, compilation, archive or cache without our prior written consent;
  2. modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services (including but not limited to Licensed Materials) obtained through the Services in any way other than as permitted in these Terms of Use;
  3. create derivative works based on the Licensed Materials other than as permitted in these Terms of Use;
  4. remove any proprietary notices in relation to our intellectual property rights;
  5. deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services; or
  6. link or frame to any pages of the Services or any content contained therein (including but not limited to Licensed Materials), whether in whole or in part, except as provided herein.

Any rights not expressly granted herein are reserved by their respective owners.

Creating an Account, Password, and Security

The Services may require You to register and/or create an account.

During this process, You must create a password.  You may also be asked to provide certain personal information to us, including a valid email address and the region You are located. In consideration of the use of the Services, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form, and (b) maintain and promptly update the personal information You provide to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality and security of Your account and password, and You are fully responsible for all activities that occur under Your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of Your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password; and (b) ensure that You exit from Your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to comply with (a) and (b) or for any acts or omissions by You or someone else using Your account and/or password.

Modifications

We reserve the right to modify the Digital Harbour (or any part thereof), including but not limited to the Digital Harbour’s features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Services (collectively, “Updates“). You agree that we may install all such Updates as required in our sole discretion.

Discontinuation of Services

We reserve the right to discontinue – temporarily or permanently – the Services (or any part thereof) without notice. You acknowledge that we may prevent Your access to the Services at any time in our sole discretion, including without limitation, Your access to any content created, submitted, posted, displayed on or through any of the Services.

Prohibited Use of Services

Your use of the Digital Harbour is subject to all applicable laws of Your jurisdiction.   You agree to comply with all reasonable instructions that we may give You regarding the use of the Digital Harbour. Without limiting the generality of the previous sentence, You agree to comply with Canadian and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Services from Canada or the country in which You reside.

You may not use the Digital Harbour in any inappropriate, unauthorized or unlawful manner or for any purpose which violates any laws in either Your or our jurisdiction including but not limited to conduct and content resulting from the use of the Services. Without limiting the foregoing, You shall not, in respect of Your use of the Services:

  1. harass others or disclose personal information about others that could amount to harassment;
  2. publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material (including but not limited to Licensed Materials) or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or us;
  3. upload files that contain software or other material which are the intellectual property of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents or otherwise use the Services in such a way as to violate the intellectual property rights of any third party;
  4. upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Services;
  5. impersonate others;
  6. constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  7. commit any acts of infringement on the Services or with respect to content or software;
  8. use the Services to engage in commercial activities;
  9. attempt to gain unauthorized access to other computer systems from or through the Services;
  10. interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;
  11. use the Services for chain letters, junk mail, spamming, or use of distribution lists;
  12. disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites;
  13. use software to harvest information from the Services; or
  14. use, copy, download, extract or reutilise any part of the Services, or use or allow any third party to use, copy, download, extract or reutilise any part of the Services for any commercial purpose.
Restrictions on User Generated Content

To the extent that the Services allow You and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit“), including, but not limited to, photos, images, data, information, audio files, videos, or text (collectively, “User Research Data“) You agree not to Submit any User Research Data that:

  1. contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  2. is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  3. contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
  4. infringes any copyright, trademark, patent, trade secret, or other intellectual property right of us or any third party;
  5. harms or is inappropriate for minors to view;
  6. advertises, promotes or offers to trade any goods or services;
  7. is intended primarily to promote a cause or movement, whether political, religious or other;
  8. links to any commercial or other website, except in the case of providing required attribution to an original open-source data source; or
  9. is not otherwise in compliance with these Terms of Use.
User Representations and Warranties

You retain all rights in the User Research Data You Submit through the Digital Harbour. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, all User Research Data You Submit (in whole or in part), other than personal information, and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in such User Research Data.

Each time You Submit User Research Data to the Services, You warrant that You have good and proper title to the User Research Data and have all necessary rights, power and authority to grant the above license. You agree that You waive all moral rights You may otherwise have in the User Research Data.

Disclaimer of Responsibility for User Research Data

You acknowledge and agree that we do not control the User Research Data Submitted through or using the Digital Harbour, and agree that we are not responsible for such User Research Data. We assume no responsibility or liability for this material.

In addition, we do not represent or warrant that any other content or information accessible via the Digital Harbour is accurate, complete, or current. We assume no responsibility or liability for any errors or omissions in the content of the Services.

Disclaimer of Responsibility for Third Party Content

To the extent the Digital Harbour, Website or Services Portal or other Services contain links to applications, websites and microsites operated by third parties (“Third Party Sites“), You acknowledge and accept that we exercise no control over such Third Party Sites and that we are providing You with access to such Third Party Sites for Your convenience only. We make no warranties or representations whatsoever about any Third Party Site or service which You may access through the Services. If You choose to access a Third Party Site, You do so at Your own risk and we are not responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such Third Party Sites. By using the Services, You acknowledge that we are neither responsible for the availability of, nor for the content located on or through any Third Party Sites.

Indemnity

You agree to indemnify and hold COVE as well as its affiliates, agents, officers, directors, or other employees of the foregoing harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable lawyers’ fees), made by anyone in connection with Your use of the Digital Harbour, with User Research Data or information You Submit on or through the Services, with any alleged infringement of intellectual property right or other right of any person or entity relating to the Services, Your violation of these Terms of Use, and any other acts or omissions relating to the Services.

DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE DIGITAL HARBOUR (WHETHER PROVIDED BY US, YOU, OTHER USERS, AND AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COVE (THE “SERVICE PROVIDERS”) DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF MEASUREMENTS OR OTHER OUTPUTS, OR THAT THE SERVICES AND PRODUCTS SHALL BE FREE OF FAULT OR INTERRUPTIONS. SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND THE SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, DAMAGE TO REPUTATION, LOSS OF GOODWILL, LOSS OF REVENUES, OR SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF THE A SERVICE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES.

THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SERVICE PROVIDER’S 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 (A) THE AMOUNT PAID BY YOU TO COVE DURING THE TWELVE (12) MONTHS PRIOR TO WHEN THE PARTY ALLEGING BREACH PROVIDES A NOTICE IN WRITING TO THE OTHER PARTY THAT IT HAS A CLAIM FOR BREACH OF CONTRACT ARISING HEREUNDER FOR WHICH IT SEEKS DAMAGES OR OTHER RELIEF, IF ANY, OR (B) $50 (WHICHEVER IS LESS).

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS OF LIABILITY, THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Closing or Termination of Account

You may permanently delete or terminate Your account and/or use of the Services, with or without cause at any time.  Upon termination, Your right to use Your account or subject Services immediately ceases. Once Your account is deleted, all personal information associated with the account and the account will be removed and will no longer be available for access, with the limited exception of Organizations, which data will be kept and recoverable for 30 days after account deletion to allow for recovery.

We may, in our sole and absolute discretion, at any time without prior notice to You suspend, cancel, transfer, or terminate Your password, account, any site and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or our belief, in our absolute and sole discretion, that You have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, we reserve the right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon termination by either party, of Your account, Your password, and/or use of any Services, You will have no right to any User Research Data You submitted, and we will permanently block access to, remove, deactivate, delete, and discard all such User Research Data contained therein. We accept no liability for removed or deleted User Research Data. In addition, any contracts (verbal, written, or assumed) with respect to Your account, User Research Data You submit, and/or use of any Services, will be terminated at our discretion. You agree that we shall not be liable to You or any third-party for any termination of Your access to any Services.

Data protection and privacy

We will only use any personal information that we may collect about You in accordance with our privacy policy. Our privacy policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to our privacy policy.

We will be collecting personal data about You for the purpose of administering the Services. We will only disclose Your personal information to third parties with Your consent, or as required or permitted by law.

General

You are responsible for ensuring that no one uses Your equipment to access the Services without Your permission. We will be entitled to assume that anyone who accesses the Services using Your equipment has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitutes the entire agreement between You and us and govern Your use of the Services, superseding any prior agreements between You and us (including, but not limited to, any prior versions of the Terms of Use).

If any provision of these Terms of Use is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof, and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law.

We may assign or license any and all of our rights and obligations under these Terms of Use to any person as we may, in our sole discretion, deem appropriate. You may not assign your rights or obligations under these Terms of Use.

These Terms of Use shall be governed by the laws of the Province of Nova Scotia and the laws of Canada applicable therein, and any disputes which arise shall be subject to arbitration before a single arbitrator sitting at Halifax, Nova Scotia, pursuant to the Commercial Arbitration Act (Nova Scotia).

If you have any questions about the Services, please contact us. 

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