TERMS OF USE
These Terms of Use constitute an agreement between you and Her Majesty the Queen in Right of the Province of British Columbia, represented by the Ministry of Finance (the “Province”). These Terms of Use set out the terms and conditions that apply to you when you submit a link to a YouTube video, or your original photo or text (collectively, the “Content”) to the “Show Your Pride” section of the www.bestplaceonearth.ca website (the “Website”). By clicking “I Agree”, you are deemed have read and accepted these Terms of Use.
1. Ability to Accept Terms of Use
1.1 To submit Content to the Website, you must be either of the age of majority or have obtained legal parental or guardian consent, in which case such legal parent or guardian will be responsible for your use of the Website.
2. Ownership and License
2.1 You retain ownership of all original photos and text (collectively, the “Original Content”) that you submit to the Website.
2.2 By submitting the Original Content to the Website, you grant to the Province a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, modify, display and distribute the Original Content in any and all formats for any and all purposes associated with promoting or demonstrating pride in British Columbia.
2.3 You agree that the Province may reformat, rearrange or otherwise modify the Original Content, and you understand that the Province has no obligation to acknowledge you by name or pseudonym as the author of the Original Content or to ensure that you remain anonymous.
2.4 You agree that the Province may engage independent contractors and service providers to assist the Province to exercise the rights you grant to the Province under these Terms of Use.
2.5 With the exception of the Content, all intellectual property in the Website, including but not limited to copyright, official marks or trademarks, is owned by the Province. Copying or unauthorized use of any copyrighted material, official marks or trademarks without the express written consent of the Province is prohibited.
3. Representations and Warranties
3.1 You represent and warrant that:
(a) all Original Content that you submit to the Website: (i) is your original work, or (ii) has been provided to you or obtained by you from the rightful owner with all necessary permissions;
(b) such Original Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and that
(c) you have obtained, prior to submitting the Original Content, any necessary releases and consents, including without limitation releases from any identifiable individuals whose image appears in the Original Content.
4. Review and Removal of Content
4.1 The Province reserves the right to review all Content submitted to the Website, and to refuse to display on the Website and to delete from the server on which the Website is located, any Content that the Province deems, in its sole discretion, to be objectionable or inappropriate, including without limitation Content that:
(a) is obscene;
(b) threatens or is hateful towards a specific group of people;
(c) is unlawful;
(d) advertises private interests;
(e) impersonates or falsely claims to represent a person or organization; or
(f) invades the privacy of any person or otherwise violates the rights of any person.
4.2 The Province reserves the right at its sole discretion to remove from the Website at any time any Original Content that potentially or actually infringes any third party's copyright, trademark, right of privacy, publicity or other intellectual property or other right.
5. Limitation of Liability
5.1 You agree that under no circumstances will the Province or any of its respective servants, employees or agents, be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages based on: (a) use of any Content pursuant to these Terms of Use; (b) any use by you of the Website; or (c) any failure by you to abide by these Terms of Use.
5.2 The Website and all of the information it contains are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed.
6. Indemnification
6.1 You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of the Website; (b) your violation of any provision of these Terms of Use; (c) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and (d) any claim that any Content submitted by you caused damage to a third party.
7. Miscellaneous
7.1 If any term or provision of these Terms of Use is invalid, illegal or unenforceable, all other terms and provisions of these Terms of Use shall nonetheless remain in full force and effect.
7.2 These Terms of Use will be governed by and construed in accordance with the laws of British Columbia.
