Terms of Use

Agreement between user and the BC Games Society.

The Team BC website is comprised of various web pages and sites operated by the BC Games Society. This includes the results site and the registration site.

This agreement governs your use of the Team BC website. It exempts the BC Games Society and other persons from liability or limits their liability, and contains other important provisions that you should read.

The Team BC website is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. By using the website, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.

MODIFICATION OF THESE TERMS OF USE

The BC Games Society reserves the right to change the terms, conditions, and notices under which the Team BC website is offered, including but not limited to the charges associated with the use of the Team BC website.

The BC Games Society may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of the Team BC website, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Team BC website. By using the Team BC website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use the Team BC website. You may not change, supplement, or amend this Agreement in any manner.

YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and the BC Games Society regarding your access to and use of the Team BC website and all content, information, products and services available on or through the website. This Agreement also provides benefits to BC Games Society and Team BC affiliates, service providers, suppliers, partners and other persons.

Each time you use the Team BC website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Tam BC website.

This Agreement is in addition to any other agreement you may have with the BC Games Society, including but not limited to a Registration Agreement which must be accepted and agreed to by all persons that register for Team BC programs as participants or volunteers and/or to access and use the password protected portions of the Team BC website.

PERMISSION TO USE THE TEAM BC WEBSITE

The intended use of the Team BC website is by persons resident in Canada. The site may not be used by persons in jurisdictions where access to or use of the Team BC website or any part of it may be illegal or prohibited. The Team BC website may not be used by persons if their permission to use the website has been previously revoked or terminated by the BC Games Society.

OWNERSHIP AND PERMITTED USE OF THE TEAM BC WEBSITE

The Team BC website (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Team BC website) is the property of the BC Games Society and is protected by Canadian and international copyright, trademark and other laws. Your use of the Team BC website does not transfer to you any ownership or other rights in the Team BC website or its content.

The Team BC website is made available to you for your lawful, personal use only. You may use the Team BC website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Team BC website for any other purpose or in any other manner is strictly prohibited.

You may print pages on the Team BC website provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Team BC website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the BC Games Society. You may not sell or resell any part of the Team BC website or access to the Team BC website. You may not use any of the software that is used in the operation or provision of the BC Games Society website except while you are using the Team BC Games website in accordance with this Agreement.

USE OF COMMUNICATION SERVICES

The Team BC website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The BC Games Society has no obligation to monitor the Communication Services; however, the BC Games Society reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The BC Games Society reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The BC Games Society reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the BC Games Society’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The BC Games Society does not control or endorse the content, messages or information found in any Communication Service and, therefore, the BC Games Society specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service hosts are not authorized BC Games Society spokespersons, and their views do not necessarily reflect those of the BC Games Society.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

TRADEMARK INFORMATION

The BC Games Society and Team BC trademarks and trade names are owned or licensed by the BC Games Society.

Other names and logos appearing on or in connection with the Team BC website may be registered or unregistered trademarks, official marks, service marks, trade names and logos of their respective owners.

Any use of the trademarks, official marks, service marks, trade names or logos displayed on or in connection with the Team BC website is strictly prohibited, and nothing appearing on or in connection with VolWeb.ca will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those marks.

NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the Team BC website without the express written permission of the BC Games Society are strictly prohibited. To request permission to link to the Team BC website, please send an email by clicking here. The BC Games Society may in its discretion cancel and revoke any permission it may give to link to the Team BC website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Team BC website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Team BC website to post comments, communications, or any other data of any kind to or on the Team BC website with the intention that such postings may be viewed by other users of the Team BC website.

UNSOLICITED SUBMISSIONS

In order to avoid potential misunderstandings or disputes, the BC Games Society does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to the BC Games Society, you automatically grant (or warrant that the owner of the Submissions grants) to the BC Games Society and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the BC Games Society or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of the BC Games Society and its successors, assigns and licensees.

DISCLAIMERS

Your access to and use of the Team BC website is at your own risk. The Team BC website is provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, privacy, quality, results, security, sequence, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by the BC Games Society to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.

The information, software, products, and services included in or available through the Team BC website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The BC Games Society and/or its suppliers may make improvements and/or changes in the Team BC web site at any time. Advice received via the Team BC website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The BC Games Society and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Team BC website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The BC Games Society and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the BC Games Society and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Team BC website, with the delay or inability to use the Team BC website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Team BC website, or otherwise arising out of the use of the Team BC website, whether based on contract, tort, negligence, strict liability or otherwise, even if the BC Games Society or any of its suppliers has been advised of the possibility of damages. Because some province /jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Team BC website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Team BC website.

SERVICE CONTACT : irenes@bcgames.org

LIABILITY EXCLUSIONS

Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the BC Games Society ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Team BC website, this agreement, the subject matter of this agreement, the termination of this agreement or otherwise, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the BC Games Society or any person for whom the BC Games Society is responsible, and even if the BC Games Society has been advised of the possibility of such loss or damage being incurred.

LIABILITY LIMITATION

Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the total aggregate liability of the BC Games Society to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the BC Games Society or any person for whom the BC Games Society is responsible, and even if the BC Games Society has been advised of the possibility of such potential loss or damage being incurred, ever exceed ten dollars $10 (cdn). you hereby release, remise and forever discharge the BC Games Society from any and all liability in excess of ten dollars $10 (cdn).

INDEMNITY

You will indemnify, defend and hold the BC Games Society harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the BC Games Society in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Team BC website, your breach of this agreement, or any wrongful conduct by you or any person for whom you are responsible under this agreement or at law. You will assist and co-operate as fully as reasonably required by the BC Games Society in the defence of any such claim, demand or proceeding.

DEFINITIONS

References to “the BC Games Society” includes the BC Games Society and each of its directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and all other related, associated, or connected persons, jointly and severally; (b) references to “the Team BC website” includes all content, information, products and services available on, through or in connection with the Team BC website, the results site, and the registration site ; and (c) references to “you” means you and any persons you purport to represent or who use the Team BC website on your behalf.

ACKNOWLEDGEMENT

You acknowledge and agree that this agreement represents a fair allocation of risk and liability. Advice and information provided by the BC Games Society, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this agreement (including this section 8), and you may not rely upon any such advice or information.

PERSONAL INFORMATION PRIVACY

The BC Games Society collects, uses and discloses personal information in accordance with the BC Games Society Privacy Policy, which is available by clicking here and which may be changed from time to time by the BC Games Society in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Team BC website. By accepting this Agreement, and each time you use the Team BC website, you consent to the collection, use and disclosure of your personal information by the BC Games Society in accordance with the Privacy Policy as it then reads.

LINKS TO THIRD PARTY SITES

The Team BC website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BC Games Society and the BC Games Society is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The BC Games Society is not responsible for webcasting or any other form of transmission received from any Linked Site. The BC Games Society is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the BC Games Society of the site or any association with its operators.

CHANGES/TERMINATION

Notwithstanding any other provision of this Agreement, the BC Games Society may in its discretion change, discontinue, modify, restrict, suspend or terminate the Team BC website or any part of it without any notice or liability to you or any other person. The BC Games Society may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Team BC website without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Team BC website is terminated for any reason, then this Agreement and all other than existing agreements between you and the BC Games Society will continue to apply and be binding upon you regarding your prior access to and use of the Team BC website and anything connected with, relating to or arising therefrom. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, will survive indefinitely after the termination of this Agreement and remain in full force and effect.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Team BC website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and the BC Games Society or any other person arising from, connected with or relating to the Team BC website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of British Columbia, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.

This Agreement enures to the benefit of and is binding upon each of the BC Games Society and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. The BC Games Society may assign this Agreement and its rights and obligations under this Agreement without your consent. This Agreement contains provisions for the benefit of the BC Games Society’s directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and other related, associated, affiliated or connected persons, each of whom has the right to assert and enforce such provisions directly or on its own behalf.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.

Any rights not expressly granted by this Agreement are reserved to the BC Games Society.