TERMS AND CONDITIONS OF USE
IMPORTANT: BY CLICKING THE “I have read and agree to the terms and conditions” CHECKBOX, OR BY SIGNING A PRINT COPY OF THE TERMS AND CONDITIONS, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS CONFIRM PERSONALLY THE AUTHORITY OF THE PERSON SO CLICKING TO BIND THE USER TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT OR IF YOU DO NOT HAVE THAT AUTHORITY THEN DO NOT CLICK THE CHECKBOX AND DO NOT USE THIS WEBSITE.
NOTICE TO MINORS: IF YOU ARE 19 YEARS OLD OR YOUNGER, PLEASE DO NOT USE THIS WEBSITE FOR THE EVENT (AS DESCRIBED BELOW). PLEASE ASK YOUR LEGAL PARENT OR GUARDIAN TO USE THE WEBSITE FOR THE EVENT ON YOUR BEHALF. IF YOU CLICK THE “I ACCEPT” BUTTON, YOU AFFIRM THAT YOU ARE 19 YEARS OR OLDER AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS OF THIS AGREEMENT.
These terms and conditions pertain to use of this website (the ‘Website”) for the British Columbia Library Trustees Association, the British Columbia Library Association and the Association of British Columbia Public Library Directors (collectively, the “Libraries”) event B.C. Libraries Change Lives (the “Event”).
A. PROHIBITED USE. You may not submit, upload, store or share any Prohibited Content using the Website. You acknowledge and agree that all content that is submitted by you to the Libraries is your sole responsibility.
“Prohibited Content” means: (i) content that the Libraries in their sole judgement believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (ii) content that violates or encroaches on the rights of others and that may cause danger or harm to another person or entity; (iii) content that advocates illegal activity; (iv) content that harms minors in any way; (v) copyrighted material that is used without the express permission of the owner; (vi) content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Website; or (vii) any links or connections to any of (i) – (vi).
B. SECURITY AND PRIVACY. By using the Website, you consent to the Libraries collecting and using all personal information you submit to the Libraries in connection with the Event, solely for the purpose of carrying out the Event. The Libraries strive at all times to protect the security and privacy of any personal information you provide over the Internet to the Libraries. However, because of the inherent risks of Internet use, the Libraries cannot guarantee that such personal information will not be improperly accessed or used by third parties. You are submitting such personal information over the Internet to the Libraries at your own risk.
C. OWNERSHIP. The Libraries are the owner of all right, title and interest to the Website. Subject to Section E below, you remain the owner of all copyright that you submit to the Libraries in connection with the Event.
D. REPRESENTATION AND WARRANTY BY YOU; COPYRIGHT. You represent and warrant to the Libraries that you are the owner of the copyright to content you submit to the Libraries using the Website or that you have written permission from the copyright owner to submit such content. You understand that the Libraries are unable to provide you with permission to copy, display or distribute material for which you do not own the copyright. You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your content being posted on the Website or used in connection with this agreement. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please contact the Libraries.
E. LICENSE. You hereby grant to the Libraries a worldwide, perpetual, non-exclusive royalty-free, sublicenseable, transferable and irrevocable right and license to use, copy, display, modify, edit, transmit, make derivative works of and distribute any content transmitted or provided by you to the Libraries in connection with the Website and the operations of the Libraries. You hereby waive any moral rights you may have in your all content you submit to the Libraries.
F. USE OF YOUR SUBMISSION. The Libraries have the right, in their sole discretion, to either use, or not use, on the Website any content that you submit to the Libraries. Without limiting the generality of the license granted by you to the Libraries in Section E above, the Libraries may edit your content and may upload and post an edited version of your content on the Website.
G. LIMITATION OF WARRANTIES AND LIABILITY. THE LIBRARIES WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF ANY PROHIBITED CONTENT POSTED ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. THE LIBRARIES DO NOT GUARANTEE THAT THE WEBSITE OR THE EVENT WILL MEET YOUR REQUIREMENTS, PERFORM ERROR-FREE, UNINTERRUPTED OR WITHOUT SECURITY OR PRIVACY RISKS, OR THAT THE LIBRARIES WILL CORRECT ANY SOFTWARE ERRORS. NEITHER THE LIBRARIES NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE “LIBRARY REPRESENTATIVES”) WILL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE LIBRARIES OR THE LIBRARY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
H. GENERAL. Each of “including”, “include” and “includes” is not limiting and will be construed as referring to all matters that reasonably could fall within the broadest possible scope to which such term applies. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which will remain valid and enforceable according to its terms. The failure or delay of the Libraries in exercising any right or remedy under this agreement or otherwise will not constitute a waiver of such right or remedy. This agreement is the entire agreement between the Libraries and you relating to the Website and the Event and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Website or the Event. This agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, and the parties will attorn exclusively to the courts of the Province of British Columbia. Any claim or cause of action arising out of or related to the Event, use of the Website or this agreement must be filed within one year from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action will be forever barred.