Terms of Use

Introduction

These User Terms of Service (“Terms”), as updated from time to time by the University of Manitoba (“UM”) Libraries, applies to your account activity on this online publishing platform, Manifold eScholarship (“Platform”), and any content that you upload or contribute to the Platform (“Content”). This Platform is provided by the UM Libraries in order to facilitate publication, access, and long-term storage of digital and open scholarship and educational materials. The purpose of this repository is to display and preserve the University’s unique scholarly output by making content freely available to all, via the Internet. This Platform is for use by current and former UM faculty, researchers, staff, students, and UM Press authors (project creators) and readers of the Platform. You should carefully read these Terms before using the Platform. Please contact d.bergen@umanitoba.ca with any questions you have about these Terms.

Grant of License

By uploading Content to the Platform, you agree to the following non-exclusive grant of license to the UM Libraries:

For all Content for which you own copyright, you grant the UM a non-exclusive, royalty-free, irrevocable, worldwide license to exercise any and all rights under copyright related to the Content and to its associated metadata for the purposes of making the Content easy to find online and available to readers at no cost. Without limiting the foregoing, this includes the right but not the obligation to manage the Content according to the Libraries’ collections, preservation, or translation policies.

You also grant the UM Libraries a non-exclusive, royalty-free, irrevocable, worldwide license to allow others to copy and share your work for non-commercial private study and educational purposes, and use or build on your work according to any open licensing terms you have chosen to apply to this work.

Open Licensing

UM Libraries recommends assigning a Creative Commons license to any Content you publish using the Platform. Creative Commons offers a range of options from relatively restricted to designating the Content as being in the Public Domain. For guidance on copyright and choosing a license for your work, contact: um.copyright@umanitoba.ca.

Retention of Rights

You retain any rights under copyright that you may have to the Content, and may exercise all such rights as allowed by law, provided that no actions conflict with the rights you have granted to the UM Libraries. You are not transferring any of your rights under copyright to the UM Libraries or to the UM by agreeing to these Terms.

User Responsibilities and Prohibited Behaviour

You are responsible for your behavior in your use of this Platform and for respecting UM’s and third parties’ (persons or entities) rights in connection with the Platform. You are responsible for ensuring that:

Your use of the Platform does not infringe on, and download, or access to the Content you publish will not infringe on, the rights of any third party, including but not limited to

rights related to publicity and privacy, and
rights related to intellectual property, such as copyright, patent, trademark or trade secret.

For all Content you have published on this Platform either:

You are the creator and copyright holder of the Content, or
For all third-party copyright-protected Content that you upload or publish on this Platform:

You have determined that your use of others’ work is fair pursuant to s. 29 of the Copyright Act; or
You are using Content that has been openly licensed (such as Creative Commons licensed content), in which case you have fully complied with any licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms, or
You have secured the rights and permissions from other creators necessary to publish the Content on the Platform.
You have clearly identified and fully credited any Content that is not your own original work.

The Content is not subject to any agreement that would conflict with your grant of any rights granted herein and/or its use in the Platform (e.g., rights to funding sponsors, other third-party agreements, employment contracts, or previous transfers of copyright).

The Content and your use of the Platform for any purpose or in any manner is in compliance with all applicable local, provincial, national, and international laws, regulations, and agreements, and the guidelines of any other relevant organizations or governing boards.

The Content will not cause harm to UM or third-party technology systems and does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.

You will not directly or indirectly intentionally disrupt or interfere with the Platform in any manner that may materially adversely affect the UM or any third party.

You will not take any action that imposes or may impose an unreasonable or disproportionately large load on the Platform or related infrastructure, as determined by the UM Libraries at its sole discretion.

You will not bypass any measures the UM Libraries or its hosting service partners may use to prevent or restrict access to this website.

You maintain the security of your account on the Platform, and you are fully responsible for all activities that occur under the account. You must immediately notify escholarship@umanitoba.ca of any unauthorized uses of your account or any other breaches of security.

You may not use this website to post or send any infringing, threatening, defamatory, libelous, obscene, or pornographic material.

You will not use or exploit any portion of the Platform to distribute commercial messages, “spam,” or other unsolicited communications.

The Content will stay within 1 GB . Additional storage can be used with permission. Contact d.bergen@umanitoba.ca for details.

The Content is compliant with any relevant Privacy legislation.

Warranties

By using the Platform, you warrant the following:

You have the right and ability to agree to these Terms.
You have the right to grant any rights you have granted herein.
You are 13 or over or have permission from your parents to use the Platform.

Disclaimer of Warranties

Your use of the Platform is solely at your own risk. This Platform is provided on an “as is” and “as available” basis. UM Libraries disclaims all warranties of any kind with respect to the Platform whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Content on the platform does not constitute medical or legal advice. UM Libraries expressly disclaims any responsibility for the actions of any user of the Platform. UM Libraries makes no warranty that the Platform will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete, or error-free. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Platform is to cease to use the Platform.

Termination and Right of Withdrawal

The UM Libraries has the right, though not the obligation to, in UM Libraries sole discretion (i) block, suspend, or terminate your use of the Platform at any time for any reason, or (ii) refuse or remove any Content that, in UM’s reasonable opinion, violates any UM policy or is in any way harmful or objectionable.

Indemnification and Limitation of Liability

You expressly understand and agree that the UM will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if advised of the possibility of such damages) resulting from any matter related to your use of the Platform. The UM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You agree to indemnify and hold harmless the UM from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to (i) your violation of this Agreement; (ii) any third party claim of an alleged infringement of any copyright or any other proprietary right arising out of making the Content available on the Platform; (iii) any harm resulting from your use of the Platform.

Miscellaneous

These Terms constitute the entire agreement between you and UM relating to the Platform. These Terms and the relationship between you and UM will be governed by the laws of the Province of Manitoba and Court of King’s Bench.

Notice Regarding Collection, Use, and Disclosure of Personal Information by the University
Your personal information is being collected under the authority of The University of Manitoba Act. The information you provide will be used by the University for the purpose of maintaining use records and creating accounts for the Platform. Your personal information will not be used or disclosed for other purposes, unless permitted by The Freedom of Information and Protection of Privacy Act (FIPPA). If you have any questions about the collection of your personal information, contact the Access & Privacy Office (tel. 204-474-9462), 233 Elizabeth Dafoe Library, University of Manitoba, Winnipeg, MB, R3T 2N2.

Acceptance of these Terms

This is a legally binding agreement. Your use of the Platform indicates that you understand and accept these Terms, and that you agree to abide by them. These Terms may be subject to change without further notice to you. If you do not agree with these Terms, you are not authorized to use the Platform.

As the Platform is a resource of the UM, you also agree to the UM Website Terms of Use.

This document is an adaptation of the Manifold Terms of Use from the University Libraries at the University of Washington, and is licensed under the CC BY-NC 4.0 license.

Appendix B: Guide for the Conversations with Service Providers