Recollective Authorized User Terms
These authorized user terms (“Authorized User Terms”) govern your access and use of the Recollective online qualitative research platform (the “Community”), including the underlying software (the “Software”).
BY CLICKING THE “I ACCEPT” BUTTON YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE ENTITY WHO GAVE YOU ACCESS CREDENTIALS (THE “PATRON”) TO ACCESS AND USE THE COMMUNITY; AND (ii) ACCEPT THESE AUTHORIZED USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE AUTHORIZED USER TERMS, DO NOT CLICK THE “I ACCEPT” BUTTON AND YOU WILL HAVE NO LICENCE TO, AND MUST NOT ACCESS OR USE, THE COMMUNITY.
- Licence Grant. Subject to your strict compliance with these Authorized User Terms, Recollective hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Community for the purpose of advancing Patron’s research undertaking. The foregoing licence will terminate immediately on the earlier to occur of: (a) the expiration or earlier termination of the agreement between Recollective and Patron; or (b) your ceasing to be authorized by Recollective to use the Community for any or no reason.
- You represent and warrant that you are not less than sixteen (16) years of age, or such older minimum age as may be required to agree to these Authorized User Terms and consent to the collection of Personal Information as defined in the personal information consent on which you clicked “I accept” during your registration process (the “Personal Information Consent”), in the jurisdiction in which you reside, and are capable of entering into legally binding contracts under the law applicable to you. As a condition of accessing the Community, you agree to input when requested, and maintain, accurate, current and complete information, and you agree to keep your access credentials secure and confidential. You agree that you will be responsible for all actions performed under your access credentials and that actions performed under your access credentials will be presumptively deemed to be your actions personally.
- Use Restrictions. You shall not, directly or indirectly:
- use the Community except as set forth in Section 1;
- copy, modify, or create derivative works or improvements of the Software;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Community to any Person;
- reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;
- bypass or breach any security device or protection used by the Community or access or use the Community other than by your own then-valid access credentials;
- input, upload, transmit, or otherwise provide to or through the Community any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code;
- damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Community, or Recollective’s provision of services to any third party, in whole or in part;
- remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Community;
- access or use the Community in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Recollective customer), or that violates any applicable law;
- access or use the Community for the purpose of posting, publishing or transmitting any text, graphic, video, audio recording or material that is defamatory, invades another person’s privacy, is obscene, pornographic or offensive (including material that promotes bigotry against any individual or group), is otherwise unlawful or gives rise to a risk of liability to Recollective;
- access or use the Community for the purpose of engaging in behaviour towards other users which constitutes stalking or harassing, harvesting or collecting personal information (including email addresses) or passwords, is otherwise unlawful or gives rise to a risk of liability to Recollective; or
- access or use the Community for purposes of competitive analysis of the Community, the development, provision or use of a competing software service or product, or any other purpose that is to the Recollective’s detriment or commercial disadvantage.
- You acknowledge having read, understood, and consented to the collection, use, disclosure and retention of your Personal Information as set forth in the Personal Information Consent. You agree that such collection, use, disclosure and retention is reasonable, and you agree to submit privacy concerns or complaints to the privacy officer / data protection officer at the address set forth in the Personal Information Consent and to allow such privacy officer / data protection officer a reasonable period of time (and in no event, fewer than 14 days) to resolve such concern or complaint prior to commencing any action or formal complaint against Recollective or Patron.
- Compliance Measures. The Community may contain technological copy protection or other security features designed to prevent unauthorized use of the Community, including features to protect against use of the Community: (a) beyond the scope of the licence granted to under Section 1; and (b) prohibited under Section 2. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
- Collection and Use of Information. Recollective may, directly or indirectly through the services of others, collect and store information regarding use of the Community and about equipment through which it otherwise is accessed and used. You agree that the Recollective may use such information for any purpose related to any use of the Community by you, including but not limited to: (i) improving the performance of the Community or developing updates; and (ii) verifying compliance with the terms of this Agreement and enforcing Recollective’s rights, including all intellectual property rights in and to the Community.
- Intellectual Property Rights. You acknowledge that you do not acquire any ownership interest in the Community under this Agreement, or any other rights to the Community other than to use the Community in accordance with the licence granted under this Agreement, subject to all terms, conditions, and restrictions. Recollective and shall retain its entire right, title, and interest in and to the Community and all intellectual property rights arising out of or relating to the Community, subject to the licence expressly granted to the Patron in this Agreement. You irrevocably assign to Patron all your right, title and interest in all content, whether textual, graphic, video or audio recording, or any other form of media, you upload to the Community, including moral rights. You represent and warrant that you are the owner, free and clear of all encumbrances, of the intellectual property rights in all content you upload to the Community. You agree to take such action and make such deliveries as may be reasonably required to give effect to the foregoing. The Patron is a third-party beneficiary of this Section and is entitled to the full benefit of this assignment.
- THE COMMUNITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RECOLLECTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
- Limitation of Liability. IN NO EVENT WILL RECOLLECTIVE OR ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE COMMUNITY, ACTS AND OMISSIONS OF OTHER AUTHORIZED USERS, OR ACTS AND OMISSIONS OF THE PATRON. YOU ARE PROVIDED ACCESS TO THE COMMUNITY UNDER THE AGREEMENT BETWEEN RECOLLECTIVE AND PATRON, SOLELY FOR THE BENEFIT OF PATRON AND AT PATRON’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY RECOLLECTIVE OR ITS SERVICE PROVIDERS MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE COMMUNITY SHALL BE SOLELY TO PATRON UNDER THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
- If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Governing Law. These Authorized User Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.