(a) view pages from this Web Portal in a web browser;
(b) download pages from this Web Portal for caching in a web browser;
(c) print pages from this Web Portal;
(d) stream audio and video files from this Web Portal and
(e) use this Web Portal by means of a web browser, subject to the other provisions of these terms and conditions.
4.2 You may only use this Web Portal for your own personal and business purposes, and you must not use this Web Portal for any other purposes. 4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on this Web Portal 4.4 Unless you own or control the relevant rights to the material, you must not:(a) sell, rent or sub-license material from this Web Portal; or
(b) exploit material from this Web Portal for a commercial purpose;
4.5 We reserve the right to restrict access to areas of this Web Portal, or indeed the whole Web Portal, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this Web Portal. 5. Acceptable use 5.1 You must not:(a) use this Web Portal in any way or take any action that causes, or may cause, damage to the Web Portal or impairment of the performance, availability or accessibility of this Web Portal;
(b) use this Web Portal in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use this Web Portal to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Web Portal without our express written consent;
(e) access or otherwise interact with this Web Portal using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for this Web Portal; or
(g) use data collected from this Web Portal for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through this Web Portal, or in relation to this Web Portal, is true, accurate, current, complete and non-misleading. 6. Registration and accounts 6.1 If you provide information to this Web Portal in order to post events or for other purposes, then you agree to provide true, accurate, current, and complete information about yourself as prompted by this Web Portal’s registration forms or requests, and to maintain and promptly update your user to keep it true, accurate, current and complete. If you provide any data or other information to this Web Portal that is untrue, inaccurate, not current, or incomplete, or BCcampus has reasonable grounds to believe that such data or other information is untrue, inaccurate, not current, or incomplete, BCcampus has the right to suspend or terminate your use of this Web Portal. 6.2 If BCcampus provides you with a user ID and password for access and use of areas of this Web Portal, you are responsible for maintaining the confidentiality of that user ID and password. You agree to notify BCcampus immediately of any unauthorized use of your user ID and password. 6.3 To be eligible for an account on this Web Portal under this Section 6, you must be a resident or situated in Canada. 6.4 You may register for an account with this Web Portal by completing and submitting the account registration form on this Web Portal, and clicking on the verification link in the email that this Web Portal will send to you. 6.5 You must not allow any other person to use your account to access this Web Portal 6.6 You must not use any other person's account to access this Web Portal, unless you have that person's express permission to do so. 7. User login details 7.1 If you register for an account with this Web Portal, we will provide you with OR you will be asked to choose a user ID and password. 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 7.3 You must keep your password confidential. 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 7.5 You are responsible for any activity on this Web Portal arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. 8. Cancellation and suspension of account 8.1 We may:(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time at our sole discretion without notice or explanation. 8.2 You may cancel your account on this Web Portal using your account control panel on this Web Portal. 9. Your content: Licence 9.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or this Web Portal for storage or publication on, processing by, or transmission via, this Web Portal. 9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media or reproduce, store and publish your content on and in relation to this Web Portal and any successor Web Portal or reproduce, store and, with your specific consent, publish your content on and in relation to this Web Portal 9.3 You grant to us the right to sub-license the rights licensed under Section 9.2. 9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2. 9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. 9.6 You may edit your content to the extent permitted using the editing functionality made available on this Web Portal. 9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content. 10. Your content: rules 10.1 You warrant and represent that your content will comply with these terms and conditions. 10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law. 10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice, other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties 11.1 BCcampus makes no representation, warranty, or condition and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Web Portal, or sites linking to this Web Portal. Such linked sites are not under the control of BCcampus and BCcampus is not responsible for the content of any linked site or any link contained in a linked site or any review, changes or updates to such sites. BCcampus is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by BCcampus of the site or any information contained therein. When leaving this Web Portal you should be aware that BCcampus’ terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of the linked site. 11.2 We reserve the right to discontinue or alter any or all of our Web Portal services, and to stop publishing this Web Portal, at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing this Web Portal. 11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, in this Web Portal and in the use of our Web Portal. 11.4 Disclaimers “AS IS” BASIS. THIS WEB PORTAL, ALL INFORMATION CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION ALL THIRD PARTY CONTENT) AND BCCAMPUS’ SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. YOU EXPRESSLY AGREE THAT ALL USE OF THE FOREGOING IS AT YOUR SOLE RISK. WARRANTY DISCLAIMER. BCCAMPUS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THIS WEB PORTAL, ALL INFORMATION CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION ALL THIRD PARTY CONTENT) AND BCCAMPUS’ SERVICES. BCCAMPUS DOES NOT REPRESENT OR WARRANT THAT ANY OF THE FOREGOING ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BCCAMPUS DOES NOT REPRESENT OR WARRANT THAT THIS WEB PORTAL WILL OPERATE ERROR FREE OR UNINTERRUPTED OR THAT THIS WEB PORTAL OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 12. Limitations and exclusions of liability 12.1 Nothing in these terms and conditions will:(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that this Web Portal and the information and services on this Web Portal are provided free of charge, we will not be liable for any loss or damage of any nature. 12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with this Web Portal or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees) 13. Breaches of these terms and conditions 13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:(a) send you one or more formal warnings;
(b) temporarily suspend your access to this Web Portal;
(c) permanently prohibit you from accessing this Web Portal;
(d) block computers using your IP address from accessing this Web Portal;
(e) contact any or all of your internet service providers and request that they block your access to this Web Portal;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on this Web Portal.
13.2 Where we suspend, prohibit or block your access to this Web Portal or a part of our website, you must not take any action to circumvent such suspension, prohibition or block including without limitation creating and/or using a different account 14. Variation 14.1 We may revise these terms and conditions from time to time. 14.2 The revised terms and conditions shall apply to the use of this Web Portal from the date of publication of the revised terms and conditions on this Web Portal. BCcampus reserves the right to change any and all content contained on this site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, provider, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by BCcampus. If you do not agree to the revised terms and conditions, you must stop using this Web Portal 14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on this Web Portal, and you must stop using the Web Portal 15. Assignment 15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions 16. Severability 16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect 17. Third party rights 17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party 18. Entire agreement 18.1 Subject to Section 12.1, these terms and conditions together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of this Web Portal and shall supersede all previous agreements between you and us in relation to your use of this Web Portal. 19. Applicable law and venue 19.1 These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of law principles that would otherwise apply a different body of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the courts of the Province of British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. 19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Canada. 20. Entire agreement 20.1 These Terms of Use, and the documents referred to herein and any documents executed or delivered pursuant hereto, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral, or written) regarding such subject matter. 21. Severability 21.1 If any provision of these Terms of Use will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. 22. Termination 22.1 Any unauthorized use of this Web Portal or breach of these Terms of Use will automatically terminate the license granted by these Terms of Use, may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes, and may in BCcampus’ discretion result in termination of any of BCcampus’ services to you. Notwithstanding any of these Terms of Use, BCcampus reserves the right, without notice and at its sole discretion, to terminate your license to use this Web Portal, and to block or prevent future access to and use of this Web Portal. 23. Other details 23.1 This this Web Portal is owned and operated by BCcampus. 23.2 Our principal place of business is at BCcampus #200-555 Seymour Street Vancouver BC V6B 3H6 23.3 You can contact us:(a) by post, using the postal address given above;
(b) using our Web Portal contact form;
(c) by telephone, using on the contact number published on the BCcampus website or
(d) by email, using the email address published on the BCcampus website
24 Credit 24.1 This document was partially created using a template from SEQ Legal (Download at http://www.seqlegal.com/free-legal-documents/website-terms-and-conditions).