TERMS OF USE AGREEMENT
Use of the Geospatial Imagery Access System page located at www.flysask.ca (the “Site”) is governed by the following terms and conditions and the terms and conditions set out in the registration form executed by your organization, if applicable, which was required prior to providing you with your user name and password. These terms and conditions are subject to change without notice to you, so we recommend that you review them regularly. Please read the following terms and conditions carefully before accessing the Site, as by accessing the Site you will be deemed to have agreed to them. If you do not agree with these terms and conditions, you cannot access the Site.
SRC grants you a limited license to display the contents of the Site on your computer or other electronic device you use to access Site, and print, download (to the extent required to display, print or use the contents of the Site) and use the materials on the Site as permitted by the applicable licensing provisions, provided that the contents of the Site are not modified in any way and that all copyright and other notices are maintained. You agree not to, or allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any of its content and not to download content for purposes other than viewing, printing or such other purposes as permitted by the applicable licensing provisions.
Use of the Site and its contents for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation is strictly prohibited without the prior written consent of the Saskatchewan Research Council (“SRC”).
Disclaimer
The information posted on the Site is provided “as is”. While information posted on the Site is believed to be reliable and accurate at the time of posting, neither SRC nor any third party makes any guarantee, representation or warranty, express or implied, that the information contained on the Site is accurate, complete, reliable, verified, error-free, non-infringing or fit for any purpose or that the Site will operate in combination with any services or software used in connection therewith or that it shall be viewed consistently with all browser software or that any communication transmitted to or from the Site is private, confidential or secure. In the event of a conflict between the terms and conditions posted on the Site and these terms and conditions, these terms and conditions shall prevail as they relate to the organization identified below.
SRC, ITS DIRECTORS, OFFICERS OR AFFILIATES SHALL NOT BE LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST SAVINGS, VIRUSES, OR DATA CORRUPTION; OR DAMAGES ARISING AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE, OR ANY OTHER WEB SITE OR PORTAL ACCESSED FROM THE SITE.
SRC may cancel or suspend any or all of the services provided by, or your access to, the Site at any time without notice to you if you fail to abide by the terms and conditions of this Agreement or for any other reason as determined by SRC in its sole discretion. SRC will have no liability for any loss, damage or inconvenience that may result from such cancellation or suspension.
Liability and Indemnity
You shall not be liable to SRC for any indirect, special, incidental, punitive, exemplary or consequential damages or damages for loss of profits arising directly or indirectly from either any breach of these terms and conditions by you or any of your acts or omissions in connection with use of the Site or its contents.
Notwithstanding the foregoing, you will indemnify, defend and hold harmless SRC and its directors, officers, employees, agents and other representatives (the “Indemnitees”) from and against all actions, causes of action, claims, debts, charges or demand of any nature or kind which the Indemnitees may suffer or incur by reason of your (or anyone acting under your direction and control or on your behalf):
(a) negligence or wilful misconduct during use of the Site or its contents;
(b) violation of law during use of the Site or its contents; or
(c) breach of these terms and conditions.
Copyright
The Site and its contents have been developed by and are the property of SRC and its licensors, including all copyright therein. Subject to the limited license to use the Site as described above, no person may copy, redistribute, reproduce or republish in any form, or link to the Site or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of SRC. Any infringement of the rights of SRC may result in appropriate legal action. Any rights not granted herein are reserved.
Trade-marks
SRC owns or has obtained the right to use by license or otherwise the trade-marks, logos and domain names used on or in connection with the goods and services that it provides and displays on the Site. Nothing contained in this Agreement gives you the right or license to use any trade-mark or logo displayed on the Site or any domain names used in connection with the Site without the express permission of SRC. Any infringement of the rights of SRC may result in appropriate legal action.
General
The use and content of the Site shall be governed by the laws of the Province of Saskatchewan and the laws of Canada applicable therein and you agree to attorn to the jurisdiction of the courts of the Province of Saskatchewan.
This Agreement is binding on you, your heirs, executors, administrators, legal representatives, successors and assigns.
If any provision of this Agreement is determined to be invalid or unenforceable, everything else in this Agreement shall continue in full force and effect.
The failure of either party to exercise any right or power hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other party shall not constitute a waiver of these terms and