ThinkData Works Inc. (“ThinkData”, “we” or “us”) has outlined the terms of service regarding its data catalog platform (the “Service” or the "Platform") herein. We provide access to datasets consisting of text and media files including, but not limited to, data produced and made available by government bodies, companies, universities and other organizations (the “Data”). We make the Data available for you to utilize through the Platform pursuant to the terms and conditions described in these Terms of Service (the “Terms of Service”).
ThinkData will use commercially reasonable efforts to ensure that the Platform is available to you at all times, twenty four (24) hours a day, seven (7) days a week. ThinkData may however, without notice to you, change, alter, suspend or discontinue the Service for any reason at any time and from time to time. ThinkData may also restrict your access to parts or all of the Service or the Site without liability and without providing notice to you. There will be occasions where access to the Platform may be interrupted for an undetermined period of time for the purposes of system maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment or any other reason.
ThinkData makes Data available on an “as is” basis and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. For greater clarity, ThinkData shall assume no liability for: (i) any errors, omissions, or inaccuracies in the data provided at this website regardless how caused; or, (ii) any decision made or action taken or not taken by anyone using or relying upon data provided at this website.
In some cases, ThinkData standardizes formatting and provides API access to the Data available through the Site. For this Data in particular, ThinkData grants you a license to use the Service for non-commercial purposes in accordance with the Creative Commons Attribution-NonCommercial License [CC BY-NC 4.0], which can be found at http://creativecommons.org/licenses/by-nc/4.0/legalcode (the “Creative Commons License”), the terms and conditions of which are incorporated herein by reference.
If you have any questions regarding proper use and/or fulfilment of your obligations under the Creative Commons License, you can contact us at: firstname.lastname@example.org.
In order for you to use the Site, Service or Data in any manner that is primarily intended for or directed towards commercial advantage or monetary compensation (“Commercial Purposes”), you must enter into a separate commercial license agreement with us.
If you have any questions about your Commercial Purposes or to discuss entering into a commercial license agreement, you can contact us at: email@example.com.
By using the Site, Service or Data, you agree not to record, upload, post, transmit, cause the display, playback or performance of, make available any content that or use any Data from the Site or Service to create a product, service or any other derivative work that: is harmful, threatening, abusive, harassing, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory; is illegal; is tortious, defamatory, libellous or invasive of another’s privacy or publicity rights; infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party; includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available; you do not have a right to make available under law or contractual or fiduciary relationships; includes private information of any third-party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; is advertising, solicitations or promotional material; contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download any data from the Site. You may not bypass any measures used by ThinkData to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission granted to you by ThinkData to use and access the Site and the Service.
ThinkData retains all right, title and interest in and to the Site and Service, all software and technology incorporated therein, and all content made available to you through the Service. The design of the Site and all text, graphics, information, content, product design, and other material displayed on or that can be downloaded from the Site (collectively, the “Content”) belongs to us. Except as expressly set forth in these Terms of Service, you have no right in or to the ThinkData name or logo (the “ThinkData IP”). Other company or product names and logos used and displayed on the Site are trademarks of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the ThinkData IP or other trademarks displayed on the Site, without our written permission or the written permission of the owner of the trademark, as the case may be. Any unauthorized use of the Content, ThinkData IP or the trademarks of others may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation, we reserve the right to seek all remedies available at law and/or in equity without limitation to any remedy available under these Terms of Service.
THE SERVICE, SITE AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THINKDATA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. THINKDATA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THINKDATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THINKDATA NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SERVICES OR ANY DATA THEREIN OR GENERATED THEREWITH, OR THAT: (i) THE USE OF ANY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (iv) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (v) ERRORS OR DEFECTS WILL BE CORRECTED; OR, (vi) THE SERVICE OR DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THINKDATA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE OR SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY THINKDATA CONTENT OBTAINED FROM THE SERVICE OR SITE; OR, (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR YOU CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKDATA EXCEED THE GREATER OF TEN CANADIAN DOLLARS (C.A. $10.00) OR THE AMOUNT YOU PAID THINKDATA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THINKDATA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold harmless ThinkData from and against any loss, cost, liability or damage, including attorneys’ fees, for which ThinkData becomes liable arising from or relating to any claim relating to you or the content you provide, including but not limited to any claim brought by a third party alleging that your content, or your use of the Site, Service or Data in breach of these Terms of Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
This indemnification obligation is subject to your receiving: (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of ThinkData at your expense.
You or we may suspend or terminate your use of the Site or Service for any reason or for no reason. You are personally liable for any charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site or Service at any time without notice to you.
All content included by ThinkData on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ThinkData or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Site is the exclusive property of ThinkData and protected by Canadian and international copyright laws. All software used on (or provided through) the Site is the property of ThinkData or its software suppliers and protected by Canadian and international copyright laws.
ThinkData operates an independent business apart from you. Nothing in these Terms of Service creates a partnership, employer-employee relationship, franchisee-franchisor, or a joint venture between the parties.
You acknowledge that ThinkData can make public announcements regarding the status of the business relationship and include logos within presentations, ThinkData's website or in meetings and interviews regarding ThinkData's business.
Each party's obligations hereunder may not be assigned, delegated, sublicensed or otherwise transferred without the other party's prior written consent, unless its to any affiliate or to any surviving party as part of a corporate reorganization, consolidation, merger, or sale. In the event of such assignment or attempted assignment by either party, the assigning party shall notify the other party prior to the effective date of assignment, and the other party shall have the right to terminate these Terms of Service immediately for a period of thirty (30) days after its receipt of notice. Subject to the limitations herein, these Terms of Service will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.
If either party's performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, flood, fire, explosion or other act of nature or any other matter not within such party's reasonable control, then the date for performance shall be extended by the time of such delay; provided, however, that the party subjected thereto shall pursue with reasonable diligence the avoidance or removal of such delay if reasonably feasible.
Wherever the context requires, the gender of all words used in these Terms of Service shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and the plural.
Except as otherwise provided for in these Terms of Service, each party shall be responsible for and will bear all costs and expenses incurred by it in connection with the performance of its obligations hereunder.
All currencies specified herein are in Canadian dollars. When any fees to ThinkData are calculated based on a currency other than C.A. currency, the payment to ThinkData must be equal to that of the Canadian dollar amount of the fees listed in the order, and you shall bear all currency conversion fees, wire transfer fees or any other fees involved with payment.
The headings and numbering shall not be considered or given effect in construing these Terms of Service. These Terms of Service shall be construed without regard to the party responsible for the preparation of the same, and shall be deemed to have been prepared jointly by the parties. Any ambiguity or uncertainty existing herein shall not be interpreted against either party, but according to the application of other rules of contract interpretation.
The failure by ThinkData to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms Service will remain in full force and effect.
These Terms of Service and any action related thereto will be governed by the laws of the Province of Ontario without regard to or application of its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Service of these Terms of Service will be brought solely in the courts located in Toronto, Ontario, Canada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Service is made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. ThinkData and its licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Service (including all no-charge products), their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for ThinkData, including without limitation as they may incorporate Feedback. From time to time, you may choose to submit comments, information, questions, data, ideas, description of processes, or other information to ThinkData (“Feedback”). ThinkData may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms of Service limits ThinkData's right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Except as otherwise set forth in these Terms of Service, each party agrees that all code, inventions, know-how, business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure. Any ThinkData technology and any performance information relating to the Service shall be deemed Confidential Information of ThinkData without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. For the avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of any Service.
Last Updated: April 11, 2022