Terms of Use Agreement for the Sun West Resource Bank Platform

Date last updated: 11/28/18

The Sun West Resource Bank Platform is a dynamic digital library and network owned and operated by the Sun West School Division, located at 501 – 1st Street West, Rosetown, Saskatchewan S0L 2V0. This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the Sun West Resource Bank website (resourcebank.ca), those Sun West Resource Bank goods or services of Sun West School Division that interact with it (including our APIs, mobile application, and Open Author tool), and the content contained there (“Sun West Resource Bank Platform”).

By your use of this site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including:

Our Privacy Policy
Our Digital Millennium Copyright Act and Intellectual Property Policy
Copyright Act of Canada

You also represent and warrant that you have the legal authority to accept the Agreement; if you are accepting this Agreement on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization. If you do not agree to all of the terms in this Agreement, you are not authorized to use or access the Sun West Resource Bank Platform.

Changes And Modifications

We may change or amend this Agreement from time to time. If we make material changes, we will endeavor to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Sun West Resource Bank Platform after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the Sun West Resource Bank Platform; otherwise, the new terms will apply to you.

As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sub licensable right to access and use the Sun West Resource Bank Platform as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Accessibility

Sun West School Division is committed to making its Sun West Resource Bank Platform usable and accessible to the widest possible audience, regardless of technology or ability, and provides a number of features that support the accessibility of the Sun West Resource Bank Platform:

The “Display Settings” feature allows you to change the display of some elements of the site to meet your unique viewing preferences. The feature is found in the top right-hand corner of each page of the Sun West Resource Bank Platform.
Pages on the Sun West Resource Bank Platform are intended to be compatible with screen readers and accessible to keyboard navigation. Additionally, authoring tools on the Sun West Resource Bank Platform are built with well-formed HTML semantic tagging structures whenever possible, which include ARIA long descriptions, image captions, and embedded A11y accessibility mode microdata.
The Sun West Resource Bank Platform supports several AFA and A11y metadata fields. Use the Accessibility criteria in Advanced Search to find resources that include features such as ARIA long descriptions, transcripts, and captions, or that support specific learning modes such as auditory, visual, or textual.

Limitations to Accessibility

While Sun West School Division strives to ensure the accessibility of the Sun West Resource Bank Platform, you may find some limitations.

Please report any problems to the Sun West School Division support team at Sun West Resource Bank (info@resourcebank.ca). For fastest processing, please include the phrase “Accessibility Request” in the subject line and in the body of your message.

Uses of the Sun West Resource Bank Platform

You agree not to, and will not assist, encourage, or enable others to:

Use the Sun West Resource Bank Platform to harass, threaten, impersonate, or intimidate anyone.
Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or that is racially, ethnically, or otherwise objectionable, or any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation, or any worms or viruses or any code of a destructive nature.
Reverse engineer any portion of the resourcebank.ca website or Sun West Resource Bank Platform.
Use any robot, spider, site search/retrieval application, or other automated device, process, or means not provided by Sun West School Division to access, retrieve, scrape, or index any portion of the site or Sun West Resource Bank Platform.
Record, process, or mine information about other users or about the Sun West Resource Bank Platform.
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands on the site or Sun West Resource Bank Platform.
Interfere with the proper working of the Sun West Resource Bank Platform, circumvent or otherwise interfere with any security-related features of the Sun West Resource Bank Platform, or attempt to gain unauthorized access to the Sun West Resource Bank Platform, Registered User accounts, or any computers/networks associated with the Sun West Resource Bank Platform through hacking, password mining, or any other means.
Use the Sun West Resource Bank Platform for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws).

Your Registered User Account

If you choose, you may create a Registered User Account. A Registered User Account is not required to browse the Sun West Resource Bank Platform or to download Educational Materials.

Your Password

If you create a Registered User Account, you are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Registered User Account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.

Information You Provide

You must accurately provide us with all requested information when you sign-up as a Registered User of the Sun West Resource Bank Platform.

Adding Content to the Sun West Resource Bank

Educational Materials

If you wish to contribute educational materials to the Sun West Resource Bank Platform, such as an instructional text, resource, lesson, website, or other educational work (collectively, “Educational Material”), you may do so via our Open Author tool. You can learn more about creating material via Open Author at resourcebank.ca. With regard to any Educational Materials that you contribute to the Sun West Resource Bank Platform via the Open Author tool, or by any other means, you represent and warrant that you have the full legal right to post the Educational Material and that use of the Educational Material by us and all other persons and entities as set forth in its license will not:

infringe the trademark, copyright, privacy, or publicity rights of any person or entity;
violate any law, statute, ordinance, regulation, or agreement; or
disclose any confidential or private information of any third party. If you are authoring or contributing Educational Material to the Sun West Resource Bank Platform using Open Author, you must select an approved license applicable to your Educational Material via the Open Author interface.

The Sun West Resource Bank Platform is a platform for open educational resources. Accordingly, you represent and warrant that no license terms apply to any Educational Material you contribute to the Sun West Resource Bank Platform that are incompatible with the most restrictive license found at resourcebank.ca, at the time your Educational Material is submitted.

If you contribute any metadata – such as author name, title of work, year of completion of the work, and the like – in connection with contributing Educational Material to the Sun West Resource Bank Platform or otherwise, you grant to Sun West School Division a perpetual, worldwide, royalty-free, irrevocable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, transfer, sublicense, and make any other use in any form or medium of such metadata, without restriction of any kind.

User Content

Certain features of the Sun West Resource Bank Platform may allow you to contribute content that is not itself either Educational Material or metadata, for example in the form of comments, ratings, reviews, feedback, evaluations, or other content for access, use, viewing, and downloading by us and by other users of the Sun West Resource Bank Platform (“User Content”). When you post User Content, you represent and warrant that you have the full legal right to post the User Content and that use of the User Content by us and all other persons and entities will not:

infringe the trademark, copyright, privacy, or publicity rights of any person or entity;
violate any law, statute, ordinance, regulation, or agreement; or
disclose any confidential or private information of any third party. Upon your submission of User Content, you grant us a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content for the purposes of providing and promoting the Sun West Resource Bank Platform, all without any additional compensation to you whatsoever. Please note that Educational Materials and metadata are not considered User Content, but rather are discussed above, in the section titled Educational Materials.

Removal of User Content or Educational Material

We make User Content and Educational Material (including its metadata) available at our sole discretion and may disable access to any User Content or Educational Material at any time and for any reason. By using the Sun West Resource Bank Platform, you acknowledge and agree that we do not guarantee access to and/or hosting of User Content or Educational Material that is published through the Sun West Resource Bank Platform. For example, if Educational Material violates this Agreement, access to it may be disabled, or a resource may be removed at our discretion at any time.

If you believe that a user of the Sun West Resource Bank Platform has violated your intellectual property rights – for example by improperly posting your trademarks or copyrighted content to the Sun West Resource Bank Platform – please contact us. You can review our full intellectual property policy, including information on how to report infringement, at resourcebank.ca.

If we receive notice that User Content or Educational Material posted to or through the Sun West Resource Bank Platform may infringe the rights of thirds parties, including their intellectual property rights, we reserve the right (in our sole discretion) to disclose information, including PII, about the poster of such material to those third parties, so that they can contact the poster directly regarding their concerns.

Sun West School Division’s Content

Except for Educational Materials (which are made available by Sun West School Division and its users pursuant to the public licenses associated therewith), all text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “Sun West School Division Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Sun West School Division Content, is owned, controlled, or licensed by or to Sun West School Division, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Sun West School Division Content for any purpose, and nothing otherwise stated or implied in the Sun West Resource Bank Platform confers on you any license or right to do so.

Links to Third Party Sites

The Sun West Resource Bank Platform may link to third party sites that are not under the control of Sun West School Division. Links from the Sun West Resource Bank Platform are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. Sun West School Division has no control over and bears no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.

Links from Third Party Sites

If you present a link to any portion of the Sun West Resource Bank Platform from any third party site, you agree to present the link in a manner that does not convey the impression that Sun West School Division endorses, whether expressly or implicitly, any products, services, or opinions provided on your website. Any link to the Sun West Resource Bank Platform must provide a clearly written notice that the user is leaving your website to access another.

Violation of this Agreement - Termination

Your right to access and use the Sun West Resource Bank Platform terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Sun West Resource Bank Platform and/or block your future access to the Sun West Resource Bank Platform for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Sun West Resource Bank Platform. Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.

If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the Sun West Resource Bank Platform. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Disclaimer of Warranties

You expressly understand and agree that your use of the Sun West Resource Bank Platform is at your sole risk. The Sun West Resource Bank Platform, and any good or service downloaded or used through or in connection with the Sun West Resource Bank Platform, is provided on an “as is” and “as available” basis. We and our parents, subsidiaries, directors, officers, employees, stockholders, licensors, and any party under our common ownership or common corporate control (collectively, “our affiliates”), expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title, or any warranty or condition arising by usage of trade, course of dealing, or course of performance. We and our affiliates make no warranty that:

the Sun West Resource Bank platform will meet your requirements;
the Sun West Resource Bank platform will be uninterrupted, timely, secure, or error-free;
content and material will be hosted and/or transmitted without interruption or cessation;
any products, sites, information, or other material, whether in tangible or intangible form, downloaded or obtained by you through the Sun West Resource Bank Platform, will meet your expectations or any standard of quality; and
any defects in the operation or functionality of the Sun West Resource Bank platform or related software will be corrected.

Any material, information, or data downloaded, viewed, shared, or otherwise accessed on or through the Sun West Resource Bank Platform is accessed at your own discretion and risk; you will be solely responsible for any damage to your computer system or loss of data that result from the downloading, viewing, sharing, or otherwise accessing of such material. No advice, representation, or information, whether oral or written, obtained by you either from us or through the Sun West Resource Bank Platform shall create any warranty not expressly stated in this agreement.

Limitation of Liability

You expressly understand and agree that we and our affiliates will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of procurement of substitute goods or services; or any other intangible losses. This also includes any loss or damages that may be incurred by you as a result of:

any changes that we may make to the Sun West Resource Bank Platform;
any permanent or temporary cessation of the Sun West Resource Bank Platform;
the deletion or corruption of, or failure to store, any content or data (including without limitation user content, educational material, and metadata) maintained through the Sun West Resource Bank Platform; or
your failure to keep your password or registered user account details secure. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages.

You specifically acknowledge that we and our affiliates shall not be liable for user content, educational material, and/or metadata, or for the infringing, defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

Exclusions and Limitations

Some jurisdictions do not permit the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, our liability and that of our affiliates will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold Sun West School Division and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable legal fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the Sun West Resource Bank Platform. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General Terms

These Terms of Use contain the entire agreement between you and Sun West School Division regarding the use of the Sun West Resource Bank Platform, and supersede any prior agreement between you and Sun West School Division on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from us, our affiliates, or our parents or subsidiary entities.

Governing Law

Saskatchewan law will govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the Sun West Resource Bank Platform, content appearing thereon, or any other matter – without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the Province of Saskatchewan, Canada.

Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Sun West Resource Bank Platform shall be settled by confidential binding arbitration administered in accordance with The Arbitration Act, 1992 of Saskatchewan and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Saskatchewan and shall be governed by the laws of Saskatchewan. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable legal fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Statute Of Limitations

You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment

If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices

We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to the Sun West Resource Bank Platform. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at info@resourcebank.ca for fastest processing, please include the phrase “Terms of Use” in the subject line and in the body of your message.