Terms of Use for SIKU Platform

The SIKU platform has been collaboratively developed with Inuit and we are continually seeking consultation and guidance to improve the platform for the benefit of Inuit. Feedback and suggestions on the terms of use and privacy policy are welcome.

These Terms of Use govern your access to and use of, including the content and functionality offered on or through, siku.org and the SIKU Mobile App (collectively, the "Platform").

All access to and use of the Platform is subject to the terms and conditions in this document (including any other terms, agreements and documents that are linked or referred to below) and in any separate or supplemental terms of use agreement that may be referenced or linked within the Platform (collectively, the "Terms of Use").

SIKU, operated by the Arctic Eider Society, ("SIKU", "we", "us", "our"), respects Indigenous knowledge and strives to protect it from misuse while encouraging its mobilization for the benefit of Indigenous self-determination based on the following guiding principles:

Respect for Indigenous knowledge and rights holders.
- Users of the Platform agree to respect Indigenous knowledge, rights holders, other users and the policies and protocols in place. The Platform is intended to be a safe space for sharing indigenous knowledge and hunting stories, free from bullying, derogatory comments or criticisms.
Self-Determination in research, education and stewardship.
- A primary goal of the Platform is to provide tools and services that facilitate Indigenous self-determination in research, education and stewardship through accessible features for documenting and sharing Indigenous knowledge, to design, conduct and steward data in an informed approach, and to provide novel ways to engage in all stages of research projects. Existing governance structures must be respected when using the Platform, including permitting, research licensing, ethics and other policies and procedures in place by communities, regional Indigenous organizations and governance. It is a subtle but important distinction that the Platform is not a citizen science tool (citizens providing data to scientists) but rather is a tool to empower Indigenous self-determination (Indigenous peoples collecting data for Indigenous peoples and maintaining control over data stewardship).
Intellectual property ownership maintained through an informed data stewardship framework.
- Ownership and control by users over stewardship and sharing of knowledge and data is a core part of the Platform's framework. In contrast to most platforms, sharing data and content on the Platform does not provide SIKU with a license to otherwise use that content, and SIKU and The Arctic Eider Society are required to acquire permissions for use in the same way as any other individual, project or organization using the Platform. Appropriate permissions must be obtained from rights holders (e.g. users, communities, projects and organizations) before any content shared on the Platform can be used in any other context. Sharing knowledge and hunting stories does not imply legal permission for others to use or replicate that information in any way. Posting a photo, data or other content does not imply others can repost or otherwise use that content, and explicit permission must be obtained from the owner of the content along with any other requirements (permits, ethics, etc.) from the region. Users and projects can easily control the sharing and management of their posts and data in a simple dashboard and download it for their own purposes at any time. Privacy, sharing, stewardship and ownership can be controlled on a post-by-post basis and defaults settings controlled on the users profile.
Integrity of information facilitating safe travel, knowledge transfer, language and cultural preservation.
- Preserving the integrity of Indigenous knowledge and observations is a critical framework for SIKU as this is key for knowledge transfer, safety, language and cultural preservation. Misinformation, mis-representation, "fake news" and other abuse of the Platform will not be tolerated and reporting mechanisms are intended to help facilitate the integrity of the Platform. You are expected to take responsibility for your account and protect the integrity of the Platform by using your real name (not a pseudonym), uploading a profile picture that represents your likeness and by not hiding your identity or acting anonymously. You are expected to ensure the truth and accuracy of your posts, comments and other contributions to the best of your ability. See Section C for more information about the standards applicable to content that you post to the Platform.

Violation of these principals may lead to the removal of your access to the Platform at the sole and absolute discretion of the Platform's administrators.

BY ACCESSING, VIEWING OR USING ANY PAGE, PART OR COMPONENT OF THE PLATFORM, A USER ("USER", "YOU") AGREES TO BE CONTRACTUALLY BOUND BY THE TERMS OF USE, INCLUDING OUR PRIVACY POLICY (FOUND AT SIKU.ORG/PRIVACY) WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY), YOU MUST NOT ACCESS OR USE THE PLATFORM.

We reserve the right to make changes to these Terms of Use from time to time and an effort will be made to notify you of these changes. Unless we indicate otherwise, such changes are effective upon posting to the Platform and apply to all access to and continued use of the Platform. Accordingly, the Terms of Use may have changed since your last visit to the Platform and it is your responsibility to review the Terms of Use for any changes. You agree that you access or use of the Platform after any change of these Terms of Use will signify your acceptance of the revised Terms of Use. You agree to regularly review the Terms of Use to be aware of any changes. If you do not agree to any updated version of these Terms of Use, do not continue to access or use the Platform.

While every effort will be made to ensure continuity of services and inform Users of updates, in order to improve and add features and respond to changes in technology, we reserve the right to change, suspend or discontinue any aspect of the Platform, in whole or in part, at any time and without notice or liability to you, and for any reason or no reason, including by: (a) adding, removing or modifying functionality or features; (b) adding, removing, modifying, correcting or refusing any content on the Platform; (c) limiting, suspending or terminating your or any persons access or use of all or parts of the Platform; and (d) discontinuing all or any part of the Platform. The Platform may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

SIKU, an Inuit driven-charity based in Sanikiluaq, is the developer and provider of the Platform and agrees to follow the Terms of Use and Privacy Policy in the same way as any other User of the Platform is.

License Grant
1. SIKU grants Users a nonexclusive, personal, non-transferable, revocable, limited license to access and use the Platform only in accordance with the Terms of Use. Users' binding obligations under the Terms of Use are in consideration of SIKU's grant of license to use the Platform.
2. The Platform include all notes, documents, updates, text, images, html, data, databases, email messages, advertisements and other content, resources, materials, know-how and services or resources produced, published, displayed, distributed or provided by SIKU in, on or through The Platform (excluding User Content, as defined below) and all software and other technology hosted or used by SIKU to provide The Platform (collectively, the "SIKU Materials").
User Content (You retain control and ownership of the information you post and it's stewardship)
1. The Platform may enable you to upload, post and transmit content to The Platform and also provide you with access to discussion forums, blogs and other interactive areas in which you or other Users may post or transmit photos, videos, text, messages, information or other content or materials (collectively, the "User Content").
2. You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through The Platform, including the copyright in and to any User Content. SIKU does not claim any ownership, right, title or interest in and to your User Content.
3. PROJECT STEWARDSHIP: "Projects" using SIKU may be granted a licence to use User Content if you tag the project and you are a project member at the time of creation. This licence between you and the project is only valid if both parties agree in writing, the licence adheres to SIKU's Terms of Use and it complies with all relevant governance structures, permitting, licensing and ethics processes. Projects that do not adhere to these conditions are in violation of these Terms of Use. SIKU is not responsible for ensuring that such a licence is granted.
4. INDIGENOUS STEWARDSHIP: By choosing to assign "Indigenous Stewardship" to User Content, you will share the data/content of that post with community, regional and other affiliated Indigenous organizations and will grant members of those communities a licence to use your User Content on a non-exclusive basis for the benefit of that Indigenous group. Community affiliated organizations, as determined through existing Indigenous governance structures and policies, are also granted a licence to use your User Content where you have the "Indigenous Stewardship" featured turned on and which you have tagged with the relevant affiliated community.
5. CUSTOM STEWARDSHIP You may choose to give other Users, organizations or projects the ability to download your User Content by using the "Custom Stewardship" posting permission.
6. OPEN ACCESS STEWARDSHIP: Additionally, you may make your User Content publicly available for use in larger research studies by turning on the "Open Access Stewardship" setting on a post or User level basis. Currently only limited meta-data (e.g. species, location) is being considered for open-access stewardship where it can benefit Indigenous peoples.
7. Notwithstanding the foregoing, by uploading and/or posting any User Content to the Platform, you grant SIKU a worldwide, perpetual, irrevocable, nonexclusive, sub-licensable and royalty-free right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content (and the username that is submitted in connection with such User Content) as is reasonably necessary in order to enable SIKU to provide the Platform, including to display the User Content on the Platform. You waive any moral rights or other rights of authorship as a condition of submitting any User Content. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
Acceptable Use
1. You are solely responsible for the User Content that you post or transmit using the Platform and you agree not to post, transmit or otherwise publish through the Platform any of the following:
  1. User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
  2. User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity;
  3. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, provincial, territorial, national or international law;
  4. User Content that may infringe or violate any patent, trademark, copyright or other intellectual or other proprietary right of any party;
  5. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  6. unsolicited messages containing promotions, political campaigning, advertising or solicitations;
  7. private information of any third party, including, without limitation: addresses, phone numbers, email addresses, and credit card numbers;
  8. viruses, corrupted data or other harmful, disruptive or destructive files;
  9. data, information or other content which is untrue, false or otherwise misleading; and
  10. User Content that, in the sole judgment of SIKU, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose SIKU or its Users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use and will make a concerted effort to enforce them, SIKU does not make any representation or warranty that the User Content you may encounter through your use of the Platform is accurate, complies with these acceptable use provisions, or the Terms of Use. YOUR USE OF THE PLATFORMIS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any inaccuracies or content that is prohibited by these acceptable use provisions.

SIKU reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Platform or otherwise submitted through the Platform; (ii) edit any User Content posted on the Platform and/or (iii) remove any User Content from the Platform for any reason, at any time, without prior notice, at our sole discretion. SIKU will have no liability or responsibility to Users of the Platform or any other person or entity for performance or non-performance of such activities. Arctic Eider's enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.
Permitted Use of SIKU
1. All Users are permitted to use, in a manner that is not prejudicial to SIKU or any other User, the Platform to:
  1. search and view SIKU Materials and User Content available through the Platform; or
  2. bookmark or link to any web page within the Platform, provided that no SIKU Materials or User Content (not owned by the acting User) are reproduced or displayed on the web outside of Arctic Eider's original frameset;
2. Users shall not under any circumstances by any means or for any purpose whatsoever, except as otherwise expressly permitted by the User who authored/created the User Content or expressly provided in these Terms of Use (e.g. assigned ownership or license for use to other projects, individuals or organizations via data stewardship tools as above):
  1. provide, transmit or distribute printed or electronic copies of any User Content to any other person;
  2. quote, customize and incorporate User Content, in whole or part, in documents, memoranda, articles and other work product in connection with research or educational activities; or
  3. modify any such User Content.
3. You understand and acknowledge that it is your responsibility to review User Content sharing settings that SIKU provides on a per post basis and as a User level default. These settings determine if limited post data and metadata are publicly available for third party search engines, social networks or other websites to access, download, index, archive, link to and republish User Content. You acknowledge that User Content that you post, upload or otherwise make available via the Platform may be accessed, used and downloaded by other Users of the Platform. You understand and acknowledge that any User Content contained in public areas of the Platform, including any User galleries or other portions of the Platform, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. SIKU provides security options and settings for your content available in the settings section of your applicable User account (the "Account Settings"). You can adjust the Account Settings and the setting on individual posts to limit who can see and access your User Content.
Access Restrictions
1. Users shall not access or attempt to access any SIKU Materials or User Content other than through the Platform, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. All use of a SIKU account, be it from the account creator or any other person, is governed under these Terms of Use and the account creator is solely responsible for any misuse. Users shall not disclose their username or password to anyone or allow any other person to use the Platform with their username or password.
2. Without limitation to any other available contractual, legal or equitable remedies, SIKU reserves the right to revoke, suspend or terminate, without notice, any User's access to the Platform upon any violation or suspected violation of the Terms of Use.
Proprietary Rights
1. SIKU and its affiliates own and use certain registered and unregistered service marks, trademarks, slogans, logos, symbols, graphics and distinctive trade dress in connection with the Platform (the "SIKU Marks").
2. Except for the limited rights granted to Users in the Terms of Use, all rights, title, and interest in the Platform, SIKU Materials and SIKU Marks, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of SIKU, its affiliates and their licensors. The Terms of Use do not grant Users any right or license with respect to the Platform or SIKU Marks except to the minimum extent necessary to exercise the limited license provided herein in Section A.
Prohibited Activities
1. Without limitation to any other restriction, obligation or condition in the Terms of Use, Users shall not, under any circumstances by any means or for any purpose whatsoever, intentionally or unintentionally do or attempt to do any of the following:
  1. print, reproduce, download, store, modify, disclose, distribute, transmit or publish any SIKU Materials or User Content, in whole or part, except as expressly permitted in writing by the Terms of Use or otherwise authorized by the User who authored the User Content or under data stewardship features;
  2. remove, alter or obscure any citation or attribution of the author or source, or any notice of copyright, trademark or other proprietary rights on any SIKU Materials or User Content (except when quoted or incorporated in material in the manner expressly permitted by these Terms of Use), or make any use of the SIKU Marks without SIKU or the User who authored the User Content's prior written consent;
  3. interfere with any other User's access, use or enjoyment of the Platform;
  4. use the Platform, SIKU Materials, or User Content in a manner contrary to or in violation of any applicable law, regulation or rule of any jurisdiction, governmental agency or securities exchange;
  5. use the Platform to store, distribute or transmit any material without authority or right to do so or in violation of any contractual or fiduciary duty, or that is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, disparaging of any person or group on the basis of race, ethnicity, religion, age, gender or sexual orientation;
  6. reverse compile, disassemble, reverse engineer or otherwise seek to discover the source code form of any Arctic Eider or SIKU software or other technology, except as may be allowed by applicable law which is incapable of exclusion by agreement between the parties;
  7. introduce any virus, denial of service attack or other potentially harmful or malicious software code or device into the Platform, or use the Platform in any manner that might destroy, damage or degrade performance of any data communications facility, network, server, system, component, software or data used to deliver the Platform;
  8. use the Platform, or email addresses or other contact information gathered through use of the Platform, in any way to distribute any advertising, solicitations or other commercial messages;
  9. use any network software, device or manual process to monitor, download or copy the Platform, SIKU Materials, or User Content to extract information concerning usage or individual Users or to collect email addresses for any purpose; or
  10. transfer, either permanently or temporarily, any rights or obligations under these Terms of Use.
User Information and Privacy Policy
1. In providing the Platform, SIKU shall conform to its SIKU Privacy Policy available at siku.org/privacy, as such SIKU Privacy Policy may be amended from time to time, with respect to the collection, use, and disclosure of data and personal information that a User transmits or submits to SIKU through the Platform ("User Information").
2. Subject to SIKU Privacy Policy, if applicable, User hereby expressly consents to collection, use, reproduction, hosting, transmission and disclosure of any User Information by SIKU, and its affiliates, and their employees and contractors, as SIKU deems reasonably necessary or expedient for the purpose of providing the Platform.
3. Subject to SIKU Privacy Policy, Users hereby consent to receive email from SIKU. Users acknowledge that notices posted on the Platform or sent to Users by email satisfy any legal requirement that notices be in writing. Users can set their email preferences in their Account Settings.
Third-Party Materials
1. Arctic Eider may make third party content and services available on or through the Platform ("Third Party Services") solely as a convenience to Users (for example, links to third party websites, software and other services). For example, weather forecast from Environment Canada and information about ice conditions from SmartICE may be made available through the Platform.
2. When you leave the Platform or access these content of services through the Platform, you should be aware that these Terms of Use and all other Arctic Eider policies no longer govern your use of such websites and services or any content contained thereon. SIKU does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Platform. SIKU makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
3. By using third party content and services distributed by SIKU, you acknowledge that you have read, understood, and accepted the terms and conditions stated below:
  1. CHS Hydrographic Charts
    1. This product has been produced by The Arctic Eider Society based on Canadian Hydrographic Service (CHS) charts and/or data, pursuant to CHS Direct User Licence no. 2020-0723-1260-A. The incorporation of data sourced from CHS in this product shall not be construed as constituting an endorsement by CHS of this product. Additionally, the use of CHS charts and/or data is intended only for Indigenous community members.
    2. This product does not meet the requirements of the Charts and Nautical Publications Regulations, 1995 under the Canada Shipping Act, 2001. Official charts and publications, corrected and up-to-date, must be used to meet the requirements of those regulations. As such, this product must not be used for navigational purposes.
    3. CHS does not warrant or guarantee the accuracy, completeness or currency of the Charts and/or Data for any specific use. The Recipient acknowledges that the Charts and/or Data reflect the hydrographer's interpretation of conditions observed at the time of the survey, and that seabed, and lake and river bottom conditions change continuously;
    4. The Recipient shall indemnify and save harmless the Crown from and against and be responsible for all claims, demands, losses, costs, including solicitor and client costs, damages, actions, suits, or proceedings, by whomsoever made, brought or prosecuted, in any manner based upon, arising out of, related to, occasioned by, or attributable to any breach of contract, or any tortious acts, omissions or conduct of the Recipient, or its employees or agents, relating to the use of CHS Charts and/or Data.
  2. National Oceanic and Atmospheric Administration (NOAA)
    1. NOAA ENCs present on SIKU are NOT considered official NOAA ENCs, and do not meet federal chart carriage regulations for regulated vessels unless redistributed by a "Certified NOAA ENC Distributor" or by a "Certified NOAA ENC Value Added Distributor". Click http://chartmaker.ncd.noaa.gov/mcd/enc/fedreg_encrule.htm for further information on ENC Distributorships.
    2. You acknowledge that you have read, understood, and accepted the terms and conditions stated in this User Agreement.
  3. SmartICE
    1. By using any of the SmartICE products on SIKU, you first agree to read in its entirety and acknowledge as understood the following disclaimer.
    2. In consideration of being allowed to utilize SmartICE data, the user acknowledges, understands, and agrees that:
    3. The risk of injury (minor or catastrophic) and/or death from traveling on ice exists, and use of SmartICE data CANNOT remove all such risk, and therefore by traveling on ice, I understand that I may be subject to such risk as a result of BUT NOT LIMITED TO equipment failure, negligence, hazards, inherent activity risks, that cannot be controlled by SmartICE; and I knowingly, willingly and voluntarily assume all such risks of injury (minor or catastrophic) and/or death, both known and unknown, regardless of severity of injury, of risk of injury and/or death, even if arising from the negligence of SmartICE, its employees, directors, members, officers, agents or otherwise; and
    4. I hereby release SmartICE, its employees, directors, members, officers, agents or otherwise, from ANY liability whatsoever with respect to disability, death, or ANY and all injury, loss or damage to person or property, whether caused by the negligence of SmartICE, its employees, directors, members, officers, agents or otherwise; and
    5. I hereby indemnify and hold harmless SmartICE, its employees, directors, members, officers, agents or otherwise, of ANY and all causes of action, claims, demands, losses, or costs of ANY nature whatsoever, arising out of or in ANY way related to my participation in ANY activity I undertake as a result of my use of SmartICE data; and
    6. I acknowledge that I am at least 19 years of age or older; and
    7. I have read this agreement and FULLY UNDERSTAND the terms above, and I am freely and voluntarily agreeing to such terms.
Warranty Disclaimers and Exclusion of Liability
1. SIKU PROVIDES THE PLATFORM SOLELY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SIKU MAKES NO EXPRESS WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND UNDER THESE TERMS OF USE TO ANY USER AND SIKU HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF ANY SOFTWARE VIRUS OR OTHER HARMFUL COMPONENT, OR NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM AND SIKU MATERIALS.
2. USERS ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE PLATFORM. IN NO EVENT WILL SIKU, ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY TO USERS UNDER THESE TERMS OF USE OR ON THE BASIS OF TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY AMOUNT RESULTING FROM (I) THE PROVISION, USE OR RESULTS OF THE PLATFORM, ANY DELAYS, ERRORS OR OMISSIONS THEREIN OR ANY DEFECT OR LACK THEREIN OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR PERFORMANCE; (II) ANY LOSS OR DESTRUCTION OF USERS' DATA OR INFORMATION, OR THE COST OF RECOVERING SUCH DATA OR INFORMATION; (III) THE COST OF SUBSTITUTE OR REPLACEMENT SERVICES; (IV) LOST BUSINESS OPPORTUNITY, REVENUE OR PROFITS; (V) LIABILITY TO THIRD PARTIES; OR (VI) ANY OTHER CAUSE WHATSOEVER, EVEN IF SIKU OR ITS AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY STATUTE OR RULE OF LAW TO THE CONTRARY, SUBJECT TO SECTION J.2, SIKU'S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PLATFORM AND SIKU MATERIALS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION, FROM OR IN CONNECTION WITH THE LICENCE, USE OR IMPROPER FUNCTIONING OF PLATFORM AND SIKU MATERIALS, SHALL NOT EXCEED COMPENSATION PAID BY A USER, IF ANY, TO SIKU FOR ACCESS OR USE OF THE PLATFORM.
4. IF A USER OBJECTS TO THESE TERMS OF USE, AS AMENDED BY SIKU FROM TIME TO TIME, THE USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE PLATFORM.
5. SIKU'S PERFORMANCE UNDER THIS AGREEMENT IS SUBJECT TO INTERRUPTION AND DELAY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, ACTS OF ANY GOVERNMENT OR GOVERNMENTAL AUTHORITY, WAR OR OTHER HOSTILITY, TERRORISM, CIVIL DISORDER, THE ELEMENTS, FIRE, EXPLOSION, POWER FAILURE, EQUIPMENT FAILURE, INDUSTRIAL OR LABOUR DISPUTE, INABILITY TO OBTAIN NECESSARY SUPPLIES, INABILITY OF ANY COMPUTER SYSTEM OR SOFTWARE TO PROPERLY CALCULATE DATES.
6. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SIKU OR ANY OF ITS OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF WHATEVER KIND OR NATURE AND UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION PHYSICAL INJURY (INCLUDING PHYSICAL INJURY THAT MAY RESULT IN DEATH), MATERIAL DAMAGE, AND LOSS OF REVENUE OR PROFIT OR OTHER ECONOMIC LOSS, ARISING FROM, ALLEGED TO ARISE FROM, OR IN CONNECTION WITH SIKU OR ANY THIRD PARTY SERVICES CONTAINED WITHIN. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES SUCH AS THE SIKU BASE MAP AND SATELLITE IMAGERY. YOU HEREBY WAIVE YOUR RIGHTS TO ANY CLAIM, LAWSUIT, ACTION, DEMAND, PROCEEDING AND COSTS AGAINST SIKU AND ALL ITS OFFICERS, EMPLOYEES AND AGENTS FOR SUCH DAMAGES OR LOSSES.
Indemnity
1. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless SIKU and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable legal fees and disbursements) arising out of or related to any User Content you post or otherwise transmit on or through the Platform, your use of or inability to use the Platform, the User Content, or the SIKU Materials, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
Governing Law; Jurisdiction and Venue
1. Any claim, action, suit, proceeding or dispute arising out of these Terms of Use shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the Province of Ontario, without regard to the conflicts of laws provisions thereof, and the laws of Canada applicable therein.
Security
1. Security is important to us. SIKU takes steps to protect the Platform, and the content transmitted through the Platform. However, SIKU cannot and does not make any representation or warranty concerning security of any communication to or from the Platform or any representation or warranty regarding the interception by third parties of personal information or other information.
Waiver, Severability, Effect of Agreement
1. No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
2. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
3. These Terms of Use embody the entire understanding between the parties with respect to the subject matter of these Terms of Use and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
Assignability
1. The User may not assign, sub-licence or otherwise transfer or encumber this these Terms of Use, or any of User's rights or obligations under these Terms of Use, to any person except with the prior written consent of SIKU.
2. SIKU may assign or transfer these Terms of Use and/or any rights or obligations hereunder to any affiliate of SIKU's, and SIKU or such affiliate-assignee may assign or transfer these Terms of Use and/or any rights or obligations hereunder to any third-party successor to all or substantially all of the business or assets of SIKU, in each case without the prior consent of User.
Language
1. The official language of these Terms of Use and all communications and documents relating hereto is in the English language, and the English-language version shall govern all interpretation of the Agreement. À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle que régit toute interprétation de la présente convention.
Reporting and Contact
1. The Platform and SIKU is operated by the Arctic Eider Society (arcticeider.com). Any feedback, comments, requests for technical support, and other communications relating to the Platform may be directed to: info@siku.org.