Tech Stewardship Platform Terms

Last Updated: ● 2021

The Tech Stewardship Platform is operated and provided by MaRS Discovery District on behalf of the Tech Stewardship Network. By using the Platform or clicking to accept the Terms, You certify that You are authorized to register for, access, and use this Platform. Through such use or active acceptance, You also agree with MaRS to be bound by these terms and conditions of use (“Terms”).

  • Key Definitions 

To start, please note these important defined terms used throughout the Terms:

  • “MaRS”, “we”, or “us” means MaRS Discovery District ;
  • “Network” means the Tech Stewardship Network supported by MaRS;
  • “Platform” means the Program platform operated by MaRS in relation to the Tech Stewardship Network;
  • “User” or “You” means: you, the individual using the Platform.
  • The Program 

The Tech Stewardship Network brings together leaders from a diversity of backgrounds to create the overarching conditions for tech stewardship in and across different sectors and sub communities.

Through the Platform, we work to continuously discuss, refine, and imagine new ways to shape technology for the benefit of all with a goal to create a purposeful, responsible, inclusive, and regenerative ecosystem. Much of this work involves collaboration, building off of one another’s work, and sharing resources widely.

  • Eligibility

You may only use the Platform if permitted by the following criteria:

  • Age:
    • If You are under 13 years old, please do not use this Platform and especially do not provide us any personal information (sorry – this is a rule required by law).
  • If You are 13 or older, but not yet an adult, You can only use the Platform if your parent or legal guardian agrees to these Terms on your behalf.
  • If You are an adult, You can use the Platform and agree to these Terms on your own.

NOTE: When we say “adult” we mean a person that is the age of majority according to the laws applicable in the place they live.

  • You are an individual, or an authorized representative of a corporation; and
  • You haven’t been banned as a user because of a past Terms violation. 
  • Services. 

Through the Platform, we will provide you with services including without limitation the following (“Services”):

  • Practice support: We offer informational resources to help you integrate tech stewardship into your professional practices; these resources could include newsletters, onboarding workshops, blog posts or access to the below-defined Connection Services.
  • Access to consulting support: We offer a gateway to access tech stewardship consulting services from an approved providers.
  • Opportunities to drive system-level change: We offer the chance to become a member of the Platform’s tech stewardship community, participate in surveys, and engage with Connection Services.
  • Connection Services: We offer the opportunity to connect with individuals that are thinking about similar issues, have expertise that you may benefit from, or other aligned interests that could help you adopt or innovate with tech stewardship principles in your own practice.

The provision of these Services will be subject to these Terms, including any applicable Additional Terms. “Additional Terms” means any terms that you agree to in relation to the Platform during registration or other activities offered by MaRS.

  • Authorized Access and Use of Platform Content. 

MaRS authorizes You to access and use the Platform solely for the purpose of searching, accessing, downloading and reviewing Platform Content (in print, audio, video or other provided format) in a manner expressly indicated or otherwise consistent with the stated purposes of the Program (“Platform Purposes”).

In places on the site, MaRS will indicate that certain Platform Content is available under a Creative Commons license (“Creative Commons Materials”). You can use Creative Commons Materials off of the Platform as long as you meet the requirements of the kind of Creative Commons license listed. For more information about Creative Commons licenses, visit: https://creativecommons.org/licenses/. Keep in mind, use of Creative Commons Materials in a manner that is not permitted by the specific licence terms will be a breach of these Terms.

For materials on the Platform that are not marked as Creative Commons Materials (or otherwise marked with very clear permission to use certain Platform Content in specific ways) MaRS does not grant, and You are expressly restricted and prohibited from, distributing, licensing, selling or otherwise making available any Platform Content without the prior express written consent from MaRS, which may be provided or withheld in its sole discretion

You acknowledge and agree that except for the limited rights expressly provided in these Terms, nothing in these Terms shall, or shall be deemed or construed or implied to, assign, transfer or convey to or vest in You any title, rights or interest in or to any intellectual property, including in or to the Platform Content or the Platform. All rights to access and use the Platform and Platform Content shall terminate on any termination of these Terms. MaRS reserves all rights not expressly granted to You hereunder.

You shall promptly provide MaRS with written notice of any unauthorized use of, access to, disclosure of, reproduction, or transmission of any of the Platform Content or the Platform that is in violation of these Terms of which You become aware.

Defined terms used in this section:

  • “Platform Content” means Third Party Content and MaRS Content.
  • “Third Party Content” means data, information, content, newsletters, blogs, webinars, images, videos, guides, tools and materials provided by third parties on, or in relation to, the Platform. This excludes any MaRS Content or User Content.
  • “MaRS Content” means all MaRS-provided data, information, content, newsletters, blogs, webinars, videos, guides, tools and materials on the Platform (“MaRS Content”).
  • Restrictions and Requirements

You agree that in accessing and using the Platform You will:

  1. only use the Platform for lawful purposes, in accordance with these Terms;
  1. not attempt to undermine the security or integrity of the Platform;
  1. not attempt to gain unauthorised access to any Platform Content or other parts of the Platform other than those to which You have been given express permission by MaRS;
  1. not collect, aggregate, copy, scrape, duplicate, display or derivatively use the Platform;
  1. not use any device including, but not limited to, a frame, border environment or other framing technique to reproduce any portion of the Platform on another site or platform;
  1. not post or transmit any unwanted communications to other Users including, unlawful, threatening, abusive, libelous, defamatory, untrue, obscene, vulgar, indecent, racist, offensive, inflammatory, sexually explicit, pornographic, harassing, or profane material or “spam”;
  1. violate, plagiarize, or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights;
  1. adhere to and comply with any Additional Terms;
  1. comply with any acceptable use or other policies made available on or through the Platform;
  1. be responsible for providing, at your cost, all equipment and communications capabilities necessary to establish a connection to the Platform and access and use Platform Content or Services;
  1. not use, or misuse the Platform in any way which may disrupt or impair the functionality of the Platform or other systems used for the Platform or the use of the Platform by others;
  1. utilize industry standard tools to detect and remove, and not transmit, or input to the Platform, any harmful code, virus, malicious code or other items of a malicious nature.
  • Registered Accounts

MaRS may limit Platform access only to Users provided with account login information by MaRS, or enabled by MaRS to register on the Platform. By creating or accessing an account, You permit MaRS to send You information about your use of the Platform, including information required by law.

You are responsible to provide true, accurate, current and complete information requested in any registration forms, including email address and password (“Registration information”) wherever prompted to do so. If You are prompted to provide additional Registration Information beyond what was provided upon initial registration in order to access or use a particular Service, these Terms will govern access and use of such information.

You consent to the use of all Registration Information for the purposes described in these Terms, the MaRS Privacy Policy and otherwise as is necessary to enable MaRS’ provision of any Services. You agree to keep all Registration Information current.

You are solely responsible to protect the confidentiality of Your Registration Information and for all activity and use conducted under such credentials. You will immediately upon becoming aware report to MaRS any compromise or loss of its user credentials or suspected unauthorized use.

You agree that MaRS will not be liable to You or any other person for any losses incurred by You that are attributable to Your breach of this provision and that You will be liable to MaRS for losses or damage suffered or incurred by MaRS or others as a result of such breaches.

  • User Content and Ideas

When using the Platform, You may be provided the opportunity to upload content, data, or materials (“User Content”). By uploading User Content, you grant to MaRS (and any third party authorized by MaRS) an irrevocable, perpetual, worldwide, unrestricted, fully paid up, royalty free, non-exclusive right and license to reproduce, copy, publish, perform in public, communicate to the public by telecommunication, disseminate, optimize (including search engine optimization), synchronize with other content and materials, edit, translate, transcribe, close caption and otherwise store, use and process all User Content (in whole or in part, as is or as may be edited) and any materials based upon or derived therefrom as required to perform the Platform Purposes. You hereby waive all moral rights (and all other rights of a like or similar nature) that You may have in the User Content in favour of MaRS (and any third party authorized by MaRS to use such User Content). Without limiting the foregoing, you acknowledge and agree that because part of the Platform Purpose is providing resources that can be adopted, built upon, and disseminated widely, by granting the foregoing rights, you give permission to MaRS to make available your User Content to others by way of Creative Commons licensing.

You represent and warrant that all User Content is original, or you have secured all permissions necessary to provide the above grant of rights.

MaRS welcomes feedback and may implement your feedback from time to time to improve the Platform or Program. It’s important You understand that if You send us any comments or ideas about the Platform(“Ideas”) You agree to the following:

  • Ideas are licensed to MaRS in perpetuity for use, reproduction, performance, publishing, creating of derivative works, making, selling, or importing in any media now known or herein after known, across the world.
  • We do not, and will not ever, need to pay You to use the Ideas.
  • We can use the Ideas in any way we see fit.
  • We don’t waive any right to use any similar or related idea that we already created or obtained.
  • Third Party Content Disclaimer. 

You acknowledge that all Third Party Content is provided by MaRS on an “as-is” basis and is used and relied on by You at our own risk. MaRS has no liability for any damage or loss concerning the accuracy of Third Party Content or Your access to, or use of, or reliance on, any Third Party Content.

All Third Party Content is used by You in Your own discretion and at Your sole risk.

  • Links. 

In addition to Third Party Services, the Platform may, as a convenience and without obligation or liability to You, provide links to third party sites. You acknowledge that MaRS does not operate and has no responsibility for any content or services provided on any third party sites and that You access and use any third party site and content and services in its discretion and at its sole risk and subject to any terms and conditions and policies made available on such third party sites, and not these Terms. You irrevocably release MaRS, its officers, directors, employees, agents and any other parties working for or engaged by MaRS or otherwise involved in connection with the administration of the Platform (“MaRS Parties”) from any and all claims and liability associated with Your access to or use of any third party site, content or services accessed through any such links. The foregoing also applies to third party site features that are integrated into the Platform (e.g. charitable donation functionality operated by a third party).

  • Changes to Platform, Content and Services. 

MaRS reserves the right to make changes to the Platform, Platform Content and any Services at any time in its sole discretion without notice (and including to remove or reduce Platform Content or to change or reduce or eliminate features, functions or Services).

  • Compliance

You remain solely responsible for complying with all applicable laws in connection to Your use of the Platform and Platform Content and any Services.

  • Acknowledgements.

You acknowledge and agree that:

  • MaRS is not responsible for confirming the authority of any User to access and use the Platform in the manner described in these Terms;
  • You are responsible for any misuse of the Platform that you undertake;
  • Your use of the Platform is entirely at Your own risk, and You have made Your own assessment on the risk of use of the Platform and any Platform Content or Services available on or through the Platform; and
  • the Platform and any Platform Content is not a substitute for independent professional advice and You should obtain any appropriate professional advice relevant to Your particular circumstances. MaRS cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of any Platform Content.
  • Confidentiality

In furtherance of its role on the Platform and the Platform Purposes, You may gain access to non-public information belonging to MaRS or another user (“Confidential Information”). You agree never to disclose Confidential Information unless such disclosure is (i) made to MaRS in furtherance of the Platform Purposes, (ii) required by required by law, regulation, or other governmental authority, or (iii) permitted with the prior written approval of the user that is the subject of the Confidential Information.

  • Privacy Terms. 

Where personal information is collected in connection with Your registration and use of the Platform, the collection, use and disclosure of personal information shall be in accordance with MaRS privacy policy available here (“MaRS Privacy Policy”). You are responsible for its compliance with all applicable privacy laws and covenants that all personal data and information provided to MaRS or uploaded to the Platform or any Services is provided in compliance with all applicable laws. The MaRS Privacy Policy forms part of these Terms.

You acknowledge and agree that MaRS may operate the Platform and store content and data (including User Content and personal information) using services, infrastructure and software provided by third party service providers (“Third Party Services”) , which may be located in a jurisdiction outside of Canada.

  • Security. 

MaRS has implemented security policies and practices that are designed to protect the security and integrity of the Platform; however MaRS does not guarantee the security of the Platform or the security or integrity of any communications between the You and the Platform. You acknowledge that it is Your responsibility to use a secure connection to access the Platform and that You are solely responsible for implementing security safeguards to protect the Yourself when accessing and using the Platform, including to take precautions against viruses, worms, trojan horses and other items of a disabling or destructive nature.

  • Indemnity. 

You agree to indemnify, release and forever hold harmless MaRS and the other MaRS Parties from any and all claims, actions, demands, causes of action, suits, debts, damages (including without limitation, direct, indirect, special, incidental, exemplary, punitive, third party or consequential damages) or any other losses, expenses or liabilities of whatever nature or kind sustained by any of the MaRS Parties arising out of, or in connection with, Your use of the Platform and/or Platform Content and/or Services or breach of these Terms.

  • Disclaimer. 

THE PLATFORM, ALL PLATFORM CONTENT AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, MARS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW ANY AND ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING: (A) FITNESS FOR A PARTICULAR PURPOSE; (B) MERCHANTABILITY; (C) NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (D) THAT ANY PLATFORM CONTENT IS ACCURATE OR ERROR FREE; (E) THAT THE PLATFORM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, FREE OF MALICIOUS CODE OR VIRUS OR OPERATE WITHOUT ERROR; (F) THAT ANY ERRORS CAN OR WILL BE CORRECTED.

The provision of Services may be subject to incremental, separate and different disclaimers and exclusions of responsibility.

  • Limitations and Exclusions. 

The MaRS Parties shall not, to the maximum extent permissible under applicable law, be liable to You, or any third party, for any direct, indirect, special, incidental, exemplary, punitive, third party, consequential damages or any other damages, losses or expenses (including loss of profits, loss of or damage to data or other intangible or consequential economic losses) however caused, sustained by You or any other person in any connection with Your access to or use of (or inability to access and use) the Platform and Platform Content and any Services, including any liability for: (a) interruptions and communication line failures; (b) Your inability to access and/or use, at any time, any part of the Platform or any Platform Content or Services; (c) the malfunctioning or unavailability of the Platform, in whole or in part; (d) Your (or any other person) use of or reliance on, the Platform or Platform Content or Services; (e) any harm or loss to your computing systems or records or data howsoever caused including caused by viruses, “worms”, “Trojan horses” or other similar intrusive, disruptive or destructive programs or files of that nature; (f) security breaches or the interception or disclosure of confidential or sensitive information transmitted over the Internet; (g) inaccuracies or errors in Platform Content or the infringement of third party rights; and (h) lack of accuracy, suitability, reliability, timeliness or availability of any Platform Content, Service or the Platform.

The limitations and exclusions of liability set out herein shall apply regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, by statute or otherwise, and whether or not any damages or foreseeable or MaRS has been advised of the possibility of such damages.

If and to the extent any of the foregoing limitations or exclusions of liability are determined by a court of competent jurisdiction to not apply or be enforceable for any reason, MaRS’s total aggregate liability to You under these Terms in respect of any and all claims related to or arising out of the Platform and or Platform Content or any Service shall not exceed the greater of ten dollars ($10 CAD) even if MaRS has been advised of the possibility of such damages.

You agree that the limitations and exclusions contained in these Terms are reasonable based upon the commercial circumstances, and that MaRS would not have entered into these Terms and authorized Your access to and use of the Platform but for Your agreement to, and acceptance of, such limitations and exclusions.

The provision of Services may be subject to incremental, separate and different liability limitations and exclusions.

  • Term and Termination.

These Terms shall remain in force unless and until terminated. If You breach any of these Terms or are engaging in other misconduct or acts that MaRS determines are harmful to MaRS or the Platform, MaRS may, without limiting its rights and remedies, terminate Your access to the Platform, Platform Content and/or any Services or suspend for any period of time Your access to and use of the Platform and Platform Content and any Services. MaRS reserves the right to terminate these Terms, and Your access to and use of the Platform, Platform Content and/or any Service, at any time and for any reason with or without prior notice or liability to You.

  • Entire Agreement.

These Terms constitute the entire agreement between You and MaRS pertaining to use of the Platform or its related services and supersedes all other agreements, understandings and discussions between the parties hereto in relation to such subject matter, whether oral or written. In the event of any conflict between these Terms in relation to such subject matter and any other agreement between You and MaRS, these Terms shall prevail as it relates to use of the Platform or its related services.

  • Amendment. 

MaRS may revise the Terms at any time with or without notice to You. The most current version of these Terms will always be posted on the Platform.  If You do not agree to the revised Terms, do not access the Platform or use the Services. These Terms cannot otherwise be amended or modified.

  • General Terms. 

Language. It is the express wish of the parties hereto that the Terms be drawn up in English. La volonté expresse des parties aux présentes est que ce “Terms” soit rédigé en anglais. The parties hereto hereby waive any right to use and rely upon any other language.

Law and Jurisdiction. These Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to any conflict of law principles which would cause the application of any other law. The parties hereto irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

Assignment. These Terms shall be binding upon and shall enure to the benefit of and be enforceable by each of the parties hereto, their respective successors and permitted assigns. You may not assign, delegate or transfer all or any part of the Terms (or any of Your rights) without the prior consent of MaRS. MaRS may assign these Terms without Your consent at any time.

Independent Contractor. It is expressly understood and agreed that MaRS is an independent contractor in performing its obligations hereunder and shall not be considered or deemed to be an agent, employee, joint venturer or partner of You. No party by virtue of these Terms shall have any right, power or authority, express or implied, to act on behalf of or enter into any undertaking binding another party.

Waiver. No delay or omission by a party to exercise any right or power it has under these Terms or to object to the failure of any covenant of another party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.

Severability. If any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of the Terms shall be valid and enforceable to the extent granted by law.

No Third Party Beneficiaries. These Terms are solely for the benefit of You and MaRS, and nothing in these Terms will be deemed to create any third party beneficiary rights in any other person or entity.

Force Majeure. MaRS shall not be responsible or liable for delays in or for failures in the availability of the Platform due to causes beyond its reasonable control, including without limitation, acts of God, the acts or omissions of the User, third party product or service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or outages, pandemics, epidemics, flood, earthquakes, riot, or war.

Interpretation. In these Terms: (a) the division of the Terms into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation; (b) “including” means “including without limitation”, and “includes” means “includes, without limitation”; (c) unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders; (d) any reference to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated or re-enacted from time to time; (e) all MaRS stated rights and remedies are not exclusive and are in addition to any other available rights and remedies.

Survival. The provisions of Sections 8,13,14,15,17,18, 19, and 23 of these Terms and any other terms herein which expressly state that such terms will survive or are necessary to give effect to the surviving terms, shall survive the termination or expiration of all or any part of the Terms for any reason.