Terms and Conditions

TERMS OF USE

By exploring our human history and natural history, the Royal BC Museum advances new knowledge and understanding of BC, and provides a dynamic forum for discussion and a place for reflection.  The Royal British Columbia Museum Corporation (“the Royal BC Museum”) makes this website (the “Site”) available to you in furtherance of its mission to tell the stories of British Columbia in ways that enlighten, stimulate and inspire.

 

These terms and conditions (“Terms”) govern your use of the Site.  Please read them carefully because your use of the Site, other than to review these Terms, signifies your consent to be bound by and to comply with these Terms.  Please review this page each time that you visit the Site, as the contents of the Site – including these Terms – may be revised from time to time.

 

Proprietary Rights

The Royal BC Museum is the owner or authorized user of all intellectual property rights, including copyright, in and to any text, information, materials, forms, images, designs, photographs, videos, audio files, trademarks, tradenames, and the like, registered or unregistered, which appear on the Site (collectively, “Content”), including their selection, arrangement and coordination. The entire content of the Site is protected as a collective work under Canadian and international copyright laws.

 

Permitted Uses

 

Subject to your compliance with these Terms, the Royal BC Museum grants you a limited, non-exclusive license to (i) access the Site, and (ii) use, download, print and/or save Content for non-commercial, educational and personal use, and for any other purpose that would qualify as “fair dealing” under the Canadian Copyright Act, provided that the Content is not modified and that all copyright, trademark and other proprietary rights notices contained in or on the Content are retained.  Any other use of the Site or of any Content without the prior consent of the Royal BC Museum is prohibited.

 

Certain Content may be the property of third parties. You acknowledge that the Royal BC Museum supplies this Content to you as a service subject to these Terms, and to any addition terms and conditions required by the third party owners.

 

All rights not expressly granted by the Royal BC Museum are expressly reserved. Nothing contained in these Terms shall be construed as a grant by the Royal BC Museum or by a third party owner of any proprietary rights in any Content or related materials.

 

 

Prohibited Uses

The Site may be used only for lawful purposes, and all interactions on this Site and use of Content must comply with these Terms.  Misuse or unauthorized use of the Site, any Content or the Royal BC Museum’s network and systems is strictly prohibited.  Without limiting the generality of the foregoing, the Royal BC Museum specifically prohibits the use of the Site, or any Content, for any of the following purposes:  (i) engaging in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, federal or international law or accepted Internet protocol; (ii) posting or uploading information that is inaccurate, incomplete, false or libellous; (iii) communicating, transmitting, uploading or posting material that is protected by copyright, trade mark or trade secret, or which infringes upon the intellectual property rights of any other party, unless permission to use the material has first been obtained; (iv) communicating, transmitting, uploading or posting material that infringes the privacy rights of any other party, unless permission to so use the material has first been obtained; (v) communicating, transmitting, uploading or posting material that is obscene, vulgar, abusive, defamatory, threatening, racist, sexist or otherwise objectionable; (vi) attempting to interfere with the Royal BC Museum’s data, network or network security; (vii) advertising, soliciting or otherwise promoting the sale or other distribution of products or services; (viii) using or attempting to use the Site to gain unauthorized access to any other party’s data or network; or (ix) otherwise using the Site in a manner that could, in the Royal BC Museum’s opinion, adversely affect the ability of other users to use the Site or the Internet, including the posting or transmitting of information or data containing worms, viruses, Trojan horses or other disruptive components.

 

User Content

The Site may provide a forum for users to post comments and to exchange ideas.  Advice, opinions, representations, statements, comments, ratings, criticisms, or other information or content expressed or made available by third parties (collectively, “Third Party Content”) are those of the respective third party author and not of the Royal BC Museum.  The Royal BC Museum does not have editorial control over, does not endorse and expressly disclaims any liability in respect of, such Third Party Content.

 

You are solely responsible for the nature, content and accuracy of any information that you provide to the Royal BC Museum. The Royal BC Museum’s use of any personal information that you submit will be governed by the Royal BC Museum’s Privacy Policy.  However, any other communications by you to the Royal BC Museum or which you post to any discussion groups, blogs, bulletin boards, chat rooms or other communication facilities – including, but not limited to, questions, suggestions, feedback and comments – will be treated as public, non-confidential and non-proprietary.  Any such communications posted on the Site shall be deemed to constitute an irrevocable assignment of all rights, title and interest in and to such material to the Royal BC Museum.  You acknowledge and agree that the Royal BC Museum shall not have any obligation to keep the information confidential, may use it in any reasonable way, and shall not be liable for any use or disclosure of such information.

 

Linked Sites

This Site may contain hyperlinks to other web sites (“Linked Sites”) that have been developed by parties other than the Royal BC Museum and/or which are not under the control of the Royal BC Museum.  The Royal BC Museum provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by the Royal BC Museum or its agents of the Linked Sites, or of any programs, products or services offered on or through the Linked Sites, and the Royal BC Museum does not monitor users’ use of the Linked Sites.  The use of Linked Sites may be subject to terms and conditions contained on those Linked Sites.  You should review any such terms and conditions carefully, as you are solely responsible for your use of any Linked Site.

 

No Warranties or Representations Regarding the Site

Access to the Site may be delayed, interrupted, suspended or terminated from time to time, and the Royal BC Museum will have no liability for such delays, interruptions, suspensions or terminations, or any lost data or any other losses, costs or damages, whether or not due to the fault of the Royal BC Museum.  While the Royal BC Museum uses reasonable efforts to include only accurate and up-to-date information on the Site, you acknowledge that inaccuracies, including typographical errors, may occur from time to time. The Site AND ALL CONTENT ARE provided “AS IS”, and The Royal BC Museum expressly disclaims all representations, warranties, conditions and endorsements of any kind, either express, implied or statutory, with respect TO THE SITE AND ANY CONTENT OR SERVICES accessed from or through the use of the Site.  If you are dissatisfied with the Site or its contents, your only remedy is to discontinue use of the Site.

 

Disclaimer and Indemnity

In no event will The Royal BC Museum, NOR ITS directors, officers, employees, agents or representatives, or any other party involved in creating or delivering the Site, be liable to you or to any third party for DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SITE, AND EXPRESSLY EXCLUDES any DIRECT, indirect, special, consequential, exemplary or punitive damages, losses or causes of action of any kind (whether in contract, tort or otherwise) arising from or in connection with the use of, the inability to use, or the performance of the Site, or any content or Linked Sites on or accessed through the Site, even if The Royal BC Museum had been advised of, or should have reasonably foreseen the possibility of such damage.

 

You agree to defend, indemnify and hold the Royal BC Museum, its affiliates and their respective directors, officers, employees, agents and representatives harmless from and against any and all liabilities, costs and expenses, including reasonable legal fees, in any way related to or arising from any violation of these Terms by you, or in connection with your use of the Site, or as a result of the posting or transmission of any materials or information on or through the Site by you.

 

You acknowledge and agree that you are solely responsible for interactions with other users of the Site.  To the extent permitted by law, you agree to release and hold the Royal BC Museum harmless from any claims and other liability arising from or related to the acts or omissions of any other user of the Site.

 

Monitoring

The Royal BC Museum may, but is under no obligation to monitor the Site, and assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site, by any party other than the Royal BC Museum.

 

International Users

The Site is controlled and operated from the Royal BC Museum offices located in the Province of British Columbia, Canada, although information may be stored on servers in other jurisdictions within Canada,.  The programs described on this Site are offered only in jurisdictions where they may be legally offered, and are available only to persons to whom they may be lawfully made available.   You agree to comply with all applicable laws, rules and regulations governing your use of the Site.

 

Other

You agree to review the policies posted on this Site, including the Royal BC Museum’s Privacy Policy.  These policies also govern your use of the Site.

 

The failure by the Royal BC Museum to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

 

The individual terms and conditions constituting these Terms are severable.  If any term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law, and all other provisions of these Terms shall remain in full force and effect.

 

By visiting the Site, you agree that these Terms are governed exclusively by the laws of the Province of British and the federal laws of Canada applicable therein (excluding conflicts and choice of laws principles), and you agree to be bound by the laws of these jurisdictions.  Any legal relationship formed through the use of this Site will be deemed to have been formed and executed within the Province of British Columbia, Canada. The courts of the Province of British Columbia shall have exclusive jurisdiction over all matters arising under these Terms or otherwise in connection with your use of the Site.