A LICENSE TO USE WEBSITE
The EcoServices Network (ESN) grants you a limited, gratuitous and revocable, non-exclusive license to view and access the website located at www.ecoservicesnetwork.ca, including every website page that shares this domain name, subject to your unconditional acceptance of and compliance with these Website Terms and Conditions (the "Terms"). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms, do not access or use the Website.
B. MODIFICATION OF TERMS
We reserve the right to modify these Terms at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified
C. ESN INFORMATION PRODUCTS
“ESN information products" means all information, products and services collected, obtained and/or produced by the ABMI, including, but not limited to, Raw Data, Compiled Data, Reports, Blog entries or e-Newsletter, Photographic Images, Science Letters, Brochures and Pamphlets.
Use of ESN Information Products requires that the ESB Network be acknowledged as the source of information. Acknowledgements should be structured to include the network’s name, website address, and the type of information used.
The ESN strongly recommends that any use of ESN Information Products includes the following statements of disclosure:
a.) The version and type of ESN Information Products used;
b.) If appropriate, the type and source of additional, non-ESN information used in analysis; and
c.) The person(s) or organization(s) conducting the analysis.
F. LINKED SITES AND SOCIAL MEDIA
iii. The ESN makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including goods or services sold or made available. The ESN disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by the ESB Network of that third party website, or as an endorsement of the products, services or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between the ESN and the party running the third party website. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not the ESN.
G. CONTROL OF CONTENT & REPUBLISHED CONTENT
i. The ESN reserves the right to manage and control all content on the Website and any social networking sites to which the ESN contributes, whether the content is posted by the ESN or a third party.
ii. The ESN is not responsible for republished content from the Website or any social networking sites to which the ESN contributes.
H. POSTED MATERIAL & TOOLKIT SUBMISSION
By posting any information, data or content on the Website, including, but not limited to, submitting to the Toolkit, you are:
a.) Granting an irrevocable, perpetual and worldwide license to the ESN itself or to any third party to reproduce, distribute, display and create derivative works from the Posted Material in any media now or hereafter known, including any copyright or moral rights associate therewith;
b.) Consenting to the ESN utilizing your name and/or picture, where applicable, in connection with the Posted Material;
c.) Confirming that the Posted Material is your own original work and that no third party has intellectual property rights in the Posted Material, including any copyright or moral rights, or where such third party rights exist, that you have obtained written releases and consent necessary to allow the ESB Network to use the Posted Material in any manner whatsoever; and
d.) Agreeing to indemnify and hold harmless the ESN from and against any and all claims and expenses, including legal fees, arising out of the Posted Material.
J. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
The ESN assumes no liability in connection with the ESN Information Products or any other information or services made available by the Network. While every effort is made to ensure the information contained in these products and services is correct, the ESN disclaims any liability in negligence or otherwise for any loss or damage which may occur as a result of reliance on any of this material. All ESN Information Products and other information and services are subject to change by the ESN without notice. This policy is subject to fees and other policies as determined by the ESN Steering Committee and may be revised from time-to-time.
ii. The downloading, reading and review of material from the Website or Linked Sites is done solely at your own risk. The ESN does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site.
iii. You agree that you will not rely on any opinion or other information set out in the Website or any Linked Site when making business, financial, personal or any other decisions. The ESN does not endorse the opinions of any third party expressed on the Website or any Linked Site.
You agree that you will not rely on any opinion or other information set out in the Website or any Linked Site when making business, financial, personal or any other decisions. The ESN does not endorse the opinions of any third party expressed on the Website or any Linked Site.
iv. IN NO EVENT SHALL THE ABMI BE LIABLE FOR ANY: (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES; (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND; (III) CLAIMS OF THIRD PARTIES; OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE ESB NETWORK ARISING OUT OF OR RELATED TO THESE TERMS EXCEED CDN. $10.00.
v. You agree to indemnify and hold the ESN harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) that the ESN may incur or suffer as a result of your use of this Website or arising out of your breach of these Terms.
K. JURISDICTION & GOVERNING LAW
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the interpretation of these Terms. The courts of the Province of Alberta, without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta.
L. ENTIRE AGREEMENT
These Terms, any and all other notices, policies and statements contained on the Website constitute the entire agreement between the ESN and you. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything on the Website or any prior communication with you inconsistent with these Terms.
M. NO WAIVER
No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition.
If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.
2. ACCESS TO INFORMATION
A. ACCESS TO ESB NETWORK INFORMATION PRODUCTS
ESN Information Products will be supplied to any person(s) or organization(s) that desire ESN Information Products regardless of the intended use of the information, as long as the information sought is considered Publically Accessible Information as defined in section 2(b)apply. This policy position is designed to ensure that the ESN maintains transparent operations, achieves the highest scientific credibility, and provides significant value to Albertans. The ESN claims no ownership of, or responsibility for any information or products generated through the use of ESN Information Products.
B. “PUBLICALLY ACCESSIBLE INFORMATION” – INCLUDES THE FOLLOWING:
i. “Compiled Information” The ESN summarizes many Raw Data variables into forms that better support the business needs of stakeholders. Compiled Information and methods used to conduct the summaries are publically accessible.
ii. “ESN Annual Reports” The ESN produces annual reports that are relevant to the ESN’s business needs and outline the yearly activities of the Network. These ESN Reports are publically accessible.
iii. “Blog/e-Newsletter/information Bulletins” The ESN regularly publishes blog posts, a bi-monthly e-Newsletter, and information bulletins for the purpose of sharing information and promoting education on Alberta’s ecosystem services and biodiversity, and the activities through the ESN. The blog and the e-newsletter are publically accessible.
iv. “ESN Science Reports” The ESN regularly produces science reports for the purposes of sharing information and promoting education on Alberta's ecosystem services and biodiversity. The ESN Science Reports are publically accessible.
C. ABOUT ACCESSING ESN INFORMATION PRODUCTS
i. Quality Assurance -The ESN applies rigorous quality control to all ESB Network Information Products before they are made publically accessible. Only products that pass the Network’s quality control are made available to the public.
ii. How to Obtain Data -The ESN’s Information Products are made available through a single web portal or via web services. Some ESN Reports may be available for distribution in hard copy.
iii. Timing of Product Availability -The ESN makes every effort to release ESN Information Products in a timely manner while adhering to rigorous quality control.
iv. Access to Exempted Information - Requests for ESN Information Products that are exempted from public accessibility will be evaluated by the ESN on a case-by-case basis.
D. FURTHER INFORMATION
For further information with respect to our Website Terms and Conditions, or if you have any questions or concerns regarding the ESB Network, feel free to contact the ESN directly by email at firstname.lastname@example.org