BC BLACK HISTORY AWARENESS SOCIETY (BCBHAS) WEBSITE USER AGREEMENT
1. Acceptance of Terms
BY ACCESSING AND USING BCBHAS’S WEBSITE (the “Website”), YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE WEBSITE USER AGREEMENT.
BCBHAS may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Scope of Applicability
These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment. The use of these features is governed by the Code of Conduct set forth in Section 11.
3. Ownership of Website Content
Material on this website, including all images, designs, photographs, videos, and written text, is produced and/or compiled by the BCBHAS for the purpose of providing information about the achievements of people of African heritage in British Columbia and Canada. Copyright in the material may be owned by the BCBHAS or a third party, or may be in the public domain. The following conditions apply to all material reproduced from the Website:
BCBHAS property. Except as set otherwise set forth herein, BCBHAS owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website, including, without limitation, all written, audio-visual or other materials and graphical elements on the Website, but excluding User Content defined in Section 5. Except for limited use as set forth in Section 4, fair use and other allowances under the law, republication of any of the content without express permission from the BCBHAS is prohibited.
Third-party material. The copyright on many of the images and part of the text on the Website is held by third parties. BCBHAS requires that anyone seeking to use these items first do due diligence to determine the actual copyright owner. Photographs, videos, images and third-party text are all rights reserved, and permission from the legal copyright owner must be obtained to use this material.
Public domain material. Some of the material on the Website is in the public domain, either because the material cannot be copyrighted under law or the copyright term of protection has expired. Other rights such as publicity, privacy, or moral rights may still apply to public domain material and may limit how the material may be used. The obligation to determine whether any material is in the public domain is the responsibility of the person desiring its use and not BCBHAS. BCBHAS does not seek to restrict use of material in the public domain or where use is permitted by an exception or limitation in the law. Nevertheless, BCBHAS requests that it be given credit for such items where they were originally sourced from the Website.
4. Limited Use
Subject to the rights of third-part copyright owners, BCBHAS grants you a limited licence to download and display on your computer monitor, or hard copy prints, the Website’s content, for non-commercial, personal or educational purposes only, providing that the Website content is not modified and this limited licence are included with, and displayed on, each printed copy of such content. A copyright notice must appear on every copy in the following form: “© BC Black History Awareness Society. All rights reserved”.
You may not:
• use the Website’s content for commercial purposes;
• include the Website’s content with any product or service that you or your agents create or distribute, including software or other digital products; and
• display the Website’s content on any other website or make available the Website’s content on any file server.
Republication does not create an affiliation with or endorsement by the BCBHAS, and no representation of approval, affiliation or endorsement may be made without explicit permission to that effect.
5. User Content
You may be able to post or upload (in designated areas of the Website) written content or other content (collectively “User Content”) to the Website. You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant BCBHAS a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Website for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You represent and warrant that you own or have the rights to use and license BCBHAS to use the User Content in the manner contemplated by the Website and these Terms.
6. Disclaimer
The Website is provided on an “as-is” and “as-available” basis. BCBHAS makes no warranties or representations that the Website, including its content, information, products or services or other material available through the Website, will be provided on an uninterrupted, timely, secure or error-free basis.
7. Limitation of Liability
Under no circumstances will BCBHAS be liable for any damages relating directly or indirectly to any action or inaction based on the content, information, products or services or other material available through the Website. BCBHAS will not be responsible for any damages or losses related to, the accuracy, currency or completeness of the content, information, products or services or other material obtained through the Website.
8. Indemnification
You agree to indemnify, defend and hold harmless BCBHAS, its governing board, officers, agents, employees, funders and suppliers from any liabilities, losses, claims, demands, and expenses (including reasonable lawyer’s fees) related to (a) your use of the Website; or (b) violations of these Terms of Use.
9. Third-Party Information and Links
Third parties may provide information displayed on the Website. The third-party information displayed on the Website is not necessarily sponsored, endorsed, recommended, or licensed by BCBHAS. Third-parties should be contacted directly regarding any inquiries or for more information on their website policies. The Website may provide links to other Internet sites. BCBHAS has no control over such sites. BCBHAS does not endorse nor is it responsible for, any such sites or the information, material, products or services contained on or accessible through those other Internet sites.
10. Termination
BCBHAS may at its sole discretion, with or without notice, suspend or terminate your use of the Website for any reason, including a violation of the terms of the User Agreement. BCBHAS may also prevent you from further use of the Website. BCBHAS will not be liable for any suspension, termination or prohibition of future access.
11. Code of Conduct
a. You may not use the Website for any illegal or unauthorized purpose. In addition to the laws of the Canada, you also agree to comply with all local laws that apply to your use of the Website.
b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, servers or computer network, or interfere with any other party’s use and enjoyment of the Website.
c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
• post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
• impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
• use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;
• upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
• submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While BCBHAS prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
e. BCBHAS reserves the right to monitor use of this Website to determine compliance with these Terms and reserves the right to remove any User Content without notice for any reason.
12. Privacy
By accessing and/or using the Website, you may provide us with personal information as described in our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information. Please see our Privacy Policy for complete details.
13. Governing Law
This User Agreement is governed by the law of the province of British Columbia and the laws of Canada.