Submission and Moderation of Content
You agree that you will only use the Blog and submit Content in accordance with the Terms. Your failure to do so may result in you being temporarily and/or permanently suspended from using the Blog.
In accordance with the Terms, all Content will be read and moderated before being published on the Blog and you expressly grant the Province the right to moderate, edit, refuse to post, remove and/or delete any Content that the Province deems, in its absolute discretion, to be unlawful, objectionable, inappropriate or otherwise contrary to the Terms.
Ownership and License
You hereby grant to the Province a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, unrestricted license to exercise in respect of your Content those rights set out in the Copyright Act (Canada), including the right to use, reproduce, modify, distribute and display your Content in any and all formats now known or hereinafter devised. You agree that the Province may engage independent contractors and service providers to assist the Province in exercising these rights.
You further agree to waive any moral rights that you may have in your Content.
With the exception of Content submitted by you and other Blog users, all intellectual property (including copyright, official marks and trade-marks) contained in the Blog and the Website is owned by the Province or its licensors. If you wish to make use of any such intellectual property, you must first obtain permission in accordance with the Province’s policies.
Third Party Websites
The posting of any Content that includes links to any third party websites does not imply any association with, or endorsement of, such websites by the Province. The Province does not control, and is not responsible for the content of, any third party websites.
You agree that your use of the Blog and the Website is entirely at your own risk and that you will be liable for any failure to abide by the Terms. In addition to the Province’s general Warranty Disclaimer, the Province makes no representations or warranties, expressed or implied, regarding:
- the availability of the Blog or the Website; or
- the accuracy, completeness or currency of any information, including Content, posted to the Blog or included on the Website.
Limitation of Liability
In addition to the Province’s general Limitation of Liabilities, you agree that under no circumstances will the Province or any of its respective servants, employees or agents be liable to you or any person or entity for any direct, indirect, special, incidental, consequential, or other damages (whether based on contract, tort, strict liability or otherwise) as a result of any:
- use of or reliance on any Content or other information included on the Website;
- use of the Blog or the Website; or
- failure to abide by the Terms.
Without limiting the general nature of the foregoing, you agree that the Province is not responsible for any lost, intercepted, incomplete, illegible or misdirected Content, connection failures or Website unavailability, failed, incomplete, garbled or delayed transmissions, or hardware, software or other technical malfunctions.
You agree to indemnify and hold harmless the Province and its servants, employees and agents from and against any and all claims, actions, causes of action, liabilities, damages, demands, losses, costs or expenses (including any claim of infringement of intellectual property rights, rights of privacy or publicity, or any claim with respect to libel, slander or other defamation), arising directly or indirectly out of or in connection with: (a) any Content submitted by you; (b) your use of the Website, the Blog and/or any Content; or (c) your breach of any provision of the Terms, including if any representation or warranty provided by you is or becomes untrue.
Termination of Blog and Amendments to Terms
The Province reserves the right to stop providing the Blog at any time. The Province also reserves the right to modify the Terms at any time, without notice being provided directly to you.
You understand and agree that it is your responsibility to review the Terms on a regular basis to ensure that you are aware of any modifications that may have been made. Your continued use of the Blog constitutes your acceptance of any such modified Terms. In the event that you do not agree to be bound by any such modified Terms, then your sole remedy is to stop using the Blog.
Collection, Use and Disclosure of Personal Information
Your name, e-mail address [insert age, role and/or region if these will also be collected] and opinions are collected and will be used by GCPE for the purposes of obtaining your views and facilitating discussion with other Blog users.
In addition, the details of your visit to the Website, including your IP address, the date and time of your visit, and your acceptance of the Terms, are collected and will be used by GCPE for the purpose of administering the Blog and the Website.
The authority to collect your personal information comes from Section 26(c) of the Freedom of Information and Protection of Privacy Act (British Columbia). If you have any questions about the collection of your personal information, please contact: David Hume, Executive Director, Citizen Engagement, 4th Floor - 617 Government Street, Victoria, BC V8W 9V1, tel: 250-589-9043
Your name and opinions will be used for, and publicly accessed and disclosed worldwide on, the Blog.
Your name [insert role, age and/or region if these will also be disclosed], email address and opinions will also be disclosed to the [insert ministry/ministries] to allow [that ministry/these ministries] to consider your views and facilitate the Blog.
The Terms, including the information for which links are provided within the Terms, constitute the entire agreement between you and the Province with respect to your use of the Blog.
The use of “includes” or “including” in the Terms is not intended to be limiting.
If any term or provision of the Terms is invalid, illegal or unenforceable, all other terms and provisions of the Terms will nonetheless remain in full force and effect.
The Terms will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable in British Columbia. You agree that any action at law or in equity in any way arising from the Terms and/or in any way associated with your use of the Blog will be resolved by arbitration under the Arbitration Act (British Columbia) and that the place of arbitration will be Victoria, British Columbia.