Terms and Conditions

  1.           Introduction

    The following terms and conditions are the Terms of Use for our website: datasets.maluuba.com (the “Site") made available by Maluuba (“Maluuba”, “we", “us” or “our”).

    The purpose of the Site is to provide information, products, and services relating to Maluuba's mission, approach and initiatives. The contents of the Site include, without limitation, all information, data and datasets, code, software applications, code, tools, services, design elements, text, images, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.

    These Terms of Use constitute a legally binding agreement between you and Maluuba regarding your use of and access to the Site. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Maluuba, unless otherwise agreed to in writing by Maluuba. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

  2.           Provision of the Site by Maluuba

    You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you. You acknowledge and agree that Maluuba may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Maluuba’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform Maluuba when you stop using the Site or any of its features.

  3.           Use of the Site by You

    Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

    • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
    • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Maluuba or any third party;
    • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
    • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
    • transmit, distribute, or upload content or programs that contain any viruses or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
    • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
    • advocate or encourage any illegal activity;
    • violate the privacy of any individual, including users of the Site; or
    • violate any applicable local, provincial, state or national laws or regulations.

    In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Maluuba will always be accurate, correct and up to date.

    You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Maluuba products and services for any purpose.

    You agree that you are solely responsible for (and that Maluuba has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Maluuba may suffer) of any such breach.

  4.           Accepting the Terms of Use and Additional Terms

    By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

    Maluuba reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

    The Additional Terms are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.

  5.           Click-Through Agreemenets

    Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

  6.           Ownership of Intellectual Property Rights and Limited License

    The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Maluuba and its successors, assigns, and/or licensors and/or suppliers. Unless you have agreed otherwise in writing with Maluuba, nothing in these Terms of Use gives you a right to use any of the Contents, Maluuba’s trade-marks or other intellectual property of Maluuba. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

    YOU MAY USE THE SITE AND THE CONTENTS, INCLUDING AVAILABLE CODE AND AVAILABLE DATASETS, SOLELY FOR YOUR OWN NON-COMMERCIAL, RESEARCH AND LIMITED PERSONAL USE, AND FOR NO OTHER PURPOSES.

    The limited rights granted to you under these Terms of Use may be revoked by Maluuba at any time for any reason whatsoever.

    No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any right under any patent, copyright, trade-mark, or other intellectual property right of Maluuba or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

    You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents, in whole or in part, without the express prior written consent of Maluuba or its owner if Maluuba is not the owner.

    Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

    You may not create a link to the Site without Maluuba’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Maluuba or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

  7.           Intellectual Property Infringement

    We take intellectual property rights, both our own and others, very seriously. If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure. Please send a written notice of intellectual property infringement to contact@maluuba.com , with the following information (“claimant” refers to you or the person on whose behalf you are sending the notice):

    • the claimant’s name, mailing and email address;
    • the work or other subject-matter to which the claimed infringement relates;
    • the claimant’s interest or right with respect to the copyright in the work or other subject- matter;
    • the URL or other electronic location data to which the claimed infringement relates;
    • the infringement that is claimed; and
    • the date and time of the commission of the claimed infringement/
  8.           Third-Party Information

    Any third-party content, data or publications made available through the Site are furnished by Maluuba on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Maluuba. MALUUBA DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

  9.           Links to Third-Party Sites

    Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Maluuba, and Maluuba is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Maluuba of any such website or the products or services offered therein.

  10.           Submissions and Comments

    From time to time, we may permit you to make submissions or post comments or information (“User Content”) on the Site. You acknowledge and agree that if you submit any User Content to the Site you will be solely responsible for such User Content. Maluuba will not be liable in any way for any such User Content submitted. You further agree that you will not submit any User Content or make use of any User Content in any way that violates section 3, Use of the Site by You. While Maluuba does not pre-screen, monitor or edit the User Content posted or submitted to the Site, we reserve the right to edit, limit or remove any such User Content in our sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.

    Please notify Maluuba (with the contact information posted at the bottom of these Terms) of any illegal or inappropriate User Content. Maluuba will not be responsible for the User Content, and shall not be responsible for any acts taken or decisions made based on it.

  11.           No Warranty

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, MALUUBA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

    1. YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
    2. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
    4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MALUUBA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

    MALUUBA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

  12.           Limitation of Liability

    SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MALUUBA, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

    1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
    2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
      2. ANY CHANGES WHICH MALUUBA MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
      3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
      4. YOUR FAILURE TO PROVIDE MALUUBA WITH ACCURATE ACCOUNT INFORMATION;
      5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

    THE LIMITATIONS ON MALUUBA’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT MALUUBA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  13.           Termination

    We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

    If you want to terminate your account with Maluuba, you may do so by closing your account, where Maluuba has made this option available to you. Maluuba may terminate your use of the Site if:

    1. you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use);
    2. Maluuba is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
    3. Maluuba is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
    4. the provision of the Site to you by Maluuba is, in Maluuba’ s opinion, no longer commercially viable.

    When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Maluuba have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected.

  14.           Indemnification

    You agree to indemnify, defend, and hold harmless Maluuba and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

    We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

  15.           General

    These Terms of Use, together with any Additional Terms, constitute the entire agreement between you and Maluuba relating to your use and our provision of the Site.

    You agree that Maluuba may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

    You agree that if Maluuba does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Maluuba has the benefit of under any applicable law), this will not be taken to be a waiver of Maluuba’s rights and that those rights or remedies will still be available to Maluuba.

    If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

    The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

    No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

  16.           Obtaining Maluuba's Consent

    To request the consent of Maluuba for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to contact@maluuba.com . Maluuba reserves the right to refuse any such requests in its sole discretion.