DataStream
Terms of Use

Welcome to the DataStream website and services (“DataStream”). DataStream is operated by the Walter and Duncan Gordon Charitable Foundation (the “Foundation”) and can be accessed here: Mackenzie, Atlantic, and Lake Winnipeg.

These terms of use are intended to promote and protect DataStream and its community of users’ commitment to open data.  If you have any questions or comments about these Terms of Use, please feel free to contact us.

Site Terms of Use

About the Terms of Use

These terms of use govern your use of DataStream (the “Terms”). By using, visiting, browsing, and/or submitting any data to DataStream, you accept and agree to these terms of use and agree to abide by all applicable laws.

For those contributing data to DataStream, additional terms apply. Please consult the Submission Terms of Use below.

Please note that the Foundation may, from time to time, update these Terms without notice to you, therefore please make sure that you check these Terms regularly before proceeding to use the site.

Open Access and Use of Data

DataStream is an open-access platform for sharing data for research, informational and educational purposes only. The data made available on DataStream is intended for research use. 

Data submitted to DataStream by its contributors is intended to be open access and can be freely accessed, used, modified, re-used and redistributed by anyone for any lawful purpose. However, please note that some data may contain additional restrictions on use or re-use including the requirement to provide appropriate attribution of the data contributor and DataStream. Users must consult the usage rights that accompanies the data you access and/or download, and you are required to abide by the respective usage terms and conditions.

Data Ownership

Data contributors maintain copyright in the data made available via DataStream pursuant to the relevant licence terms attached to the relevant data.

Foundation Materials

The Foundation maintains copyrights in the logos, trademarks (registered or unregistered), graphics, layout, UX, UI, content, and the way the data is compiled and/or organized and offered to the public via DataStream (the “Foundation Materials”). Nothing contained herein shall be construed as conferring a licence or right to use any Foundation Materials without the Foundation’s prior written consent.

No Warranty with Datasets

The data submitted by contributors to DataStream is not verified by the Foundation or any of the Foundation’s partners. It is provided on an “as is” basis and there is no warranty or guarantee of any kind that the information is accurate, complete, current or suitable for any particular purpose. It is the responsibility of all persons who use DataStream to independently confirm the accuracy of the data, information or results obtained through DataStream.

The Foundation and all of its partners disclaim all warranties and conditions with regards to any information and data available via DataStream and this includes any and warranties of merchantability whether they are implied, statutory, fitness for a particular purpose, title, and/or non-infringement.  

Exclusion of Liability

In no event shall the Foundation and any of its partners be liable for any direct, special, indirect or consequential damages or any damages whatsoever resulting from any use of DataStream and any content available through DataStream which shall include any loss of use, data, goodwill, intellectual property infringement, or profits, whether in an action of contract, negligence, indemnity, or other tortious action, arising out of or in connection with the use or performance of information and/or data available from DataStream.

No Unlawful Use

Please note that you are not permitted to use the Website and any services therein for any purpose that is unlawful in accordance with applicable law and/or prohibited by these Terms. You may not use the Website and any services therein in any manner that could damage, disable, overburden, or impair DataStream and any of our servers, or networks connected to any of our servers, or interfere with any other party's use and enjoyment of any part of this Website. You may not attempt to gain unauthorized access to any part of the Website and any services therein, other accounts, computer systems or networks connected to any of our servers or to any of the services provided through the Website and any services therein, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through any services via the Website.

Hyperlinks

Hyperlinks are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. DataStream has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

Severability

If any of the provisions (or parts thereof) contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

Privacy Policy

The Foundation’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Website and any services available therein. By using DataStream and any of our services available therein, you agree that the Foundation and its partners can use such personal information in accordance with our Privacy Policy

Governing Law and Jurisdiction

These Terms are governed by the law of Ontario and the applicable federal laws of Canada excluding any conflict of law principles thereof.  All claims arising out of or relating to these Terms or the Website and/or any services available via the Website shall be exclusively dealt with by the courts of Toronto, Ontario, Canada.

Submission Terms of Use

By submitting any data to DataStream, you hereby agree to abide by the DataStream Terms, these Submission Terms, and all applicable laws.

These submission terms (the “Submission Terms”) are supplemental to DataStream Terms. The DataStream Terms are incorporated by reference into these Submission Terms.  Any defined terms set out in these Submission Terms are as defined in the DataStream Terms unless otherwise indicated. If there is any inconsistency between the Submission Terms and the DataStream Terms, the Submission Terms shall take precedent.

Please note that the Foundation is not responsible for verifying any data that you submit to DataStream nor will it claim any ownership of any data you submit.  All data will remain with you or the data owner from you whom you have licensed the data. You or the data owner will retain complete ownership to the data except as far as you have granted a licence to us as set out below, and any of our users and visitors via the licensing terms that you have set for the data.  

By submitting data to DataStream, you confirm that you have the necessary licences, rights, consents and permission to upload and post the dataset and, if applicable, any personal information of any living individual.

You agree to grant DataStream a worldwide, non-exclusive, revocable, royalty-free, and transferable licence to use, reproduce, distribute, modify, and display the dataset. You agree that to the best of your knowledge, the data submitted is accurate.

You acknowledge that this data can be freely accessed, used, modified, re-used and redistributed by anyone pursuant to the licensing terms that you have selected prior to uploading your data.

You agree not to upload any material that is derogatory, defamatory, infringes anyone’s intellectual property rights, breaches anyone’s privacy rights, or is otherwise unlawful. You hereby indemnify and hold harmless the Foundation and all its partners, and each of our officers, directors, employees, consultants, and agents from any claim, action or proceedings (including any liability, expense, claims, losses, damages, judgements, litigation costs and legal fees) arising from or related to your uploading of and/or submitting any data (including any personal information) to DataStream which is alleged to be or is an actual breach of any third party’s intellectual property rights and/or data protection laws anywhere in the world.  

You agree to not upload programs or other material that is malicious or technologically harmful. You acknowledge that the Foundation has the right to remove any data from the Website at its sole discretion You understand and agree that in no event shall the Foundation and any of its partners be liable for any direct, special, indirect or consequential damages or any damages whatsoever resulting from your uploading any data and/or submit anything to DataStream which shall include any loss of use, data, goodwill, intellectual property infringement, or profits, whether in an action of contract, negligence, indemnity, or other tortious action, arising out of or in connection with your uploading any data and/or submit anything to DataStream.

Publishing datasets under an open license

Data contributors publish their data on DataStream using one of the following open licenses: 

  1. Attribution License (ODC-By) V1.0: You are free to share, copy, distribute, use, modify, transform, build upon, and produce works from the data as long as you attribute any public use of the data, or works produced from the data, in the manner specified in the license. For any use or redistribution of the data, or works produced from it, you must make clear to others the license of the data and keep intact any notices on the original data. Full legal text in next section and also available here:  https://opendatacommons.org/licenses/by/1.0/
  2. Public Domain Dedication and License (PDDL): This licence places the data in the public domain (waiving all rights). The PDDL imposes no restrictions on your use of the PDDL licensed data. You are free to share, copy, distribute, use, modify, transform, build upon, and produce works from the data. Full legal text in next section and also available here: https://opendatacommons.org/licenses/pddl/1.0/

In some cases, an organization (usually governments) may have specific legal text it uses to publish data and make it open access. Where this is the case, the organization can choose to enter this text in lieu of publishing data under one of the licenses above. Any data on DataStream will be openly accessible and therefore the organization’s license cannot restrict access.