What are these Terms of Use?

The Terms of Use are a contract between you and UBC that governs how you may access the Website and use the Content found on the Website. Please read these Terms of Use carefully.

Terms of Use

1. Introduction
   1. The “Website” means, collectively, all aspects of the open.library.ubc.ca website.
   2. The term “Content” means the text, graphics, photographs, sounds, music, videos, audiovisual combinations, interactive features, software, scripts, and other materials you may view on and access through the Website.
2. Your Acceptance of the Terms of Use
   1. This Website and the Content is provided on the terms and conditions contained in these Terms of Use. You are deemed to agree to these Terms of Use in several independent ways: by clicking “I agree” or “Continue” or “Submit” (or any variation thereof) on statements that refer to these Terms of Use; by searching for and viewing Content through the search function of this Website; upon entering and clicking through within this Website; by downloading any Content; and any other means recognized by law as indicating your acceptance of these Terms of Use.

   2. UBC Faculty, students and staff must take particular note of:

      UBC Policy SC 14 Information Systems Policy [https://universitycounsel.ubc.ca/policies/information-systems-policy/]

      UBC’s Copyright Requirements for UBC Faculty and Staff [http://copyright.ubc.ca/requirements/copyright-requirements/];

      UBC’s Fair Dealing Requirements for Faculty and Staff [http://copyright.ubc.ca/requirements/fair-dealing/]; and

      The Copyright Guidelines for UBC Faculty, Staff and Students. [http://copyright.ubc.ca/requirements/copyright-guidelines/]

      The above are hereby incorporated by reference.
   3. If you do not agree to these Terms of Use, you must not access, browse or otherwise use this Website. If you have questions or concerns, please contact library.opencollections@ubc.ca.
   4. These Terms of Use apply to all visitors to the Website, except where a service offered through the Website is expressly subject to its own terms of use, in which case, if there is a conflict between these Terms of Use and that service’s terms of use, that service’s terms of use will govern.
   5. UBC may, in its sole discretion, modify these Terms of Use at any time. Any modifications will be effective upon them being posted to the Website. Your continued use of the Website following the posting of the modifications constitutes acceptance of such modifications. You should periodically review the most up-to-date version of these Terms of Use.
3. Access and Use of the Website and Content

   Unless otherwise indicated on the metadata associated with each item, or on the item itself, all Content displayed on the Website is made available for the public to view only, whether within the Website or as otherwise permitted by the Website’s functionality (e.g. digital download), for non-commercial purposes, such as research, private study and educational purposes—all other rights are reserved.

   For greater certainty, you are not permitted to make copies of any of the Website or any Content for the purposes of sale, resale or in any way providing access to the Website or any Content through another website or service for the purpose of, directly or indirectly, earning revenue.

4. General Conditions of Use

   Without limiting the foregoing and, with respect to UBC faculty, staff and students, without limiting the prohibited uses set out in UBC Policy SC14, the following are not permitted:

   1. collecting or harvesting any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments) for any commercial solicitation purposes.
   2. infringing upon the copyright of computer programs, data compilations and all other works (literary, dramatic, artistic or musical);
   3. infringing upon the legal protection provided by trademark law and the common law for names, marks, and logos;
   4. making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others;
   5. destroying, altering, dismantling, disfiguring or disabling the Website or any part thereof;
   6. attempting to circumvent security controls on the Website or any Content;
   7. in any way intentionally placing undue burden on the technical systems or networks connected to the Website; and
   8. using any automated system, including without limitation, "robots," "spiders," or "offline readers," to harvest or scrape information from the Website or any part(s) thereof, or to send more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. UBC may grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. UBC reserves the right to revoke these exceptions either generally or in specific cases.
5. Web Analytics
   1. This Website uses web analytics tools to help analyze how the Website 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 UBC or the service provider to identify you.
   2. Web analytics and remarketing 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 (please note that if you do this you may not be able to use the full functionality of this website). Some service providers also allow you to opt out of their use of cookies for advertising purposes, e.g. Google Ad's Settings Page.
   3. (If you have any questions about web analytics or remarketing, please contact UBC’s Legal Counsel, Information and Privacy [Link: https://universitycounsel.ubc.ca/about-us/contact/].
6. Liability and Indemnity
   1. The Website and the Content is provided to you AS IS.
   2. When using the Website, you will be exposed to Content from a variety of sources, and UBC does not accept responsibility for:
      1. the accuracy, usefulness, or safety of Content;
      2. any Content that is inaccurate, offensive, indecent, or objectionable; and
      3. any comments submitted to the Website by any user, or any opinion, recommendation, or advice expressed therein.

         UBC expressly disclaims any and all liability in connection with the Content and such comments, including without limitation all 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 Website or any Content, or in reliance on the Website or the Content.

   3. The Website may contain links to third party owned or controlled websites. UBC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
7. Trademarks

   Certain words, phrases, names, designs or logos used on the Website may constitute trademarks, service marks or trade names of the UBC or other entities. The display of any such marks or names on the Website does not imply that UBC or other entities have granted a license or authorization of any kind to use such marks or names. You may not use any of UBC’s trademarks, service marks or trade names without UBC’s prior written permission.

8. Choice of Law

   The laws of the Province of British Columbia 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 British Columbia in any action or proceeding instituted under or related to your use of the Website.