1. Welcome to the Energy Transition Show
The Energy Transition Show’s integrated digital platform (the “Energy Transition Show Platform”) is a trusted digital library which provides access to conversations with leading experts and thinkers on energy from around the world, as well as content such as transcripts and research notes related to these recorded interviews. Energy Transition Show is a production of the XE Network, a not-for-profit organization with a mission to help the world engage with rich scholarly and professional content in ways enabled by advances in technology, and is supported by podcast membership fees and media production for its clients.
A user’s affiliated institution such as a user’s university (“Institutional Site-Licence Agreement”) has entered into the following agreement with the Energy Transition Show. If you have questions about your affiliated institution’s participation agreement with Energy Transition Show, please contact your librarian.
2. Authorized Users
Access to content on Energy Transition Show is available for “Authorized Users”, meaning:
(a) individuals who are affiliated with an Institutional Licensee, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, government agency, research center or corporate and for-profit organization) that maintains a valid Institutional Site-License Agreement with Energy Transition Show. The Energy Transition Show recognizes individuals affiliated with an Institutional Licensee by their formal institutional email address or campus IP that is logged upon registration.
This includes, as applicable:
i currently enrolled students (including distance education students);
ii researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee;
iii full and part-time staff;
iv off-site users accessing the Licensed Content through a sessions-based arrangement entered into between Energy Transition Show and the library mediated by having an institutional email address; and,
(b) other users of specified Content agreed upon in writing by or on behalf of Energy Transition Show, including users of
i Data for Research;
ii individual researchers not affiliated with an Institutional Licensee, publication, or scholarly society;
(c) Annual and Monthly Members of the Energy Transition Show that have enrolled individually, independent of an institution, these non-institutional members are governed by the general Terms of Service and not this agreement.
3. The Content
3.1 “Content” means the collective of:
“Podcasts Episodes”, defined as complete full-length audio files of Energy Transition Show episodes that can be downloaded or streamed.
“Podcast Episode pages”, defined as content related to episodes which is available on the web and restricted to members only, (i.e not freely available to non-paid members on energytransitionshow.com), such as the show research notes and links that are associated with each podcast.
“Transcripts” are the content of each interview that is translated from spoken word to written word.
“Member feed” which is the RSS feed of full member episodes that is secured by username and password, and only accessible by registrants on the Energy Transition Show Platform.
3.2 “Licensed Content” means the Content for which an Authorized User’s affiliated Institutional Licensee has licensed access, or the Content available to an Authorized User through their member account, or other programs. For more information about the Energy Transition Show material licensed by your affiliated Institutional Licensee, please contact your librarian.
4. Permitted Uses of the Content
4.1 Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use:
(a) research activities;
(b) classroom or organizational instruction and related classroom or organizational activities;
(c) student assignments;
(d) as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;
(e) authors or other Content creators may at their discretion incorporate their Content (other than Books) into unrestricted databases or website with prior permission from Energy Transition Show and other applicable rights holders;
(f) linking;
(g) Data for Research;
(h) on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by Energy Transition Show, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas;
(i) downloading Content to view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers);
(j) in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated; and
(k) fair dealing under the Copyright Act of Canada, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in Canada.
4.2 The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire.
5. Prohibited Uses of the Content
Institutions and users may not:
(a) use or authorize the use of the Energy Transition Show Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of Energy Transition Show beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature.
(b) except as set forth above, provide and/or authorize access to the Content available through Individual Access, the Publisher Sales Service, or other programs to persons or entities other than Authorized Users;
(c) attempt to override, circumvent, or disable any encryption features or software protections employed in the Energy Transition Show Platform;
(d) undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the Energy Transition Show server(s) or any third-party server(s) being used or accessed in connection with Energy Transition Show; or
(e) undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or
(f) make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use.
(g) modify, obscure, or remove any copyright notice or other attribution included in the Content;
(h) incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above;
(i) reproduce or distribute Content in bulk, such as in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) above).
6. Linking
Energy Transition Show encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Search interfaces of the Energy Transition Show website as well as in the URL bar of the page.
7. Interlibrary Loan
Institutional Licensees may not fulfill requests from other libraries for access to Energy Transition Show Content. An Institutional site license only authorizes use of the Content for a single institution’s users.
8. Responsibilities of Users
8.1 Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Licensed Content is limited to Authorized Users and to protect the Licensed Content from unpermitted use, including but not limited to by verifying the status of Authorized User, ensuring that its unique Energy Transition Show registration page is only accessible to Authorized Users. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of Energy Transition Show and may not provide access to Energy Transition Show to anyone else.
8.2 Unpermitted Use. Institutional Licensees and Authorized Users shall notify Energy Transition Show of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of Energy Transition Show, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with Energy Transition Show to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) Energy Transition Show may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) Energy Transition Show may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) Energy Transition Show may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading from, the Energy Transition Show Platform. Energy Transition Show shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.
8.3 Posted Material. Where Authorized Users are able to submit material and/or post comments on the Energy Transition Show Platform, they represent and warrant that they will not upload or otherwise publish through Energy Transition Show any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that any material that they submit or comments that they post may be edited, removed, modified, and/or published by Energy Transition Show without notice.
8.4 Hardware and Software. Institutional Licensees understand and agree that Internet browser software is required to access the Energy Transition Show Platform and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the Energy Transition Show Content and any and all costs associated therewith.
9. Intellectual Property Rights
9.1 General Intellectual Property Rights. The Energy Transition Show Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to the Energy Transition Show Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to Energy Transition Show or, as applicable, the aforementioned entities, subject to the rights of third parties.
9.2 Trademarks. Neither Energy Transition Show nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) Energy Transition Show may use Institutional Licensees’ names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in Energy Transition Show along with other participants, and (ii) Institutional Licensees are encouraged to use Energy Transition Show’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of Energy Transition Show.
10. Responsibilities of Energy Transition Show
10.1 Energy Transition Show will use reasonable efforts to provide continuous availability of the Energy Transition Show Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of Energy Transition Show (“Maintenance Downtime”).
10.2 Energy Transition Show has thoroughly tested the Platform and ensures compatibility with modern desktop and mobile devices. It offers reasonable and timely technical support to assist users is supplementing instructions provided on the Platform for access to the Content.
11. Warranty; Disclaimers
11.1 Authorized Users recognize that Energy Transition Show aggregates third-party Content, in the form of show notes and links, and of the opinions and perspectives of its guests.
11.2 Energy Transition Show will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold Energy Transition Show liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the Energy Transition Show Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the Energy Transition Show Platform or Content in violation of these Terms and Conditions of Use. If the Energy Transition Show Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify Energy Transition Show, and, subject to Section 10.1 above, Energy Transition Show’s sole obligation will be to repair the nonconformity. In no event will Energy Transition Show’s liability to an Institutional Licensee exceed the fees paid to Energy Transition Show by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE ENERGY TRANSITION SHOW PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND ENERGY TRANSITION SHOW AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO ENERGY TRANSITION SHOW, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ENERGY TRANSITION SHOW AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT ENERGY TRANSITION SHOW WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. ENERGY TRANSITION SHOW AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH ENERGY TRANSITION SHOW.
12. Force Majeure
Neither Energy Transition Show nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond sixty (60) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.
13. General
13.1 These Terms and Conditions of Use will be interpreted and construed according to Canadian Federal law under the jurisdiction of the Province of British Columbia, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and provincial courts of Canada, excluding any such laws to the contrary.
13.2 If any provision or provisions of these Terms and Conditions of Use will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use.
13.3 The English language version of agreements with Energy Transition Show will be controlling over any other version.
13.4 In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, Energy Transition Show reserves the right to reasonably modify these Terms and Conditions, or any aspect of Energy Transition Show, at any time except it is Energy Transition Show’s intention that such modifications shall not materially detract from the scope of Permitted Uses outlined herein. The most updated of these Terms and Conditions of Use will be posted on the Energy Transition Show website, and Energy Transition Show will notify Institutional Licensees via email of material modifications. Subject to Section 13.1 above, a modification will become effective for an Institutional Licensee if it does not object in writing to Energy Transition Show within 60 (sixty) days from the time Energy Transition Show emails notice of the modification. In the event of such an objection, Energy Transition Show shall make reasonable efforts to address any concerns or the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.
Last updated on August 10, 2018