BC Fairs Website and/or Mobile Application

ACCEPTABLE USE POLICY

Who We Are and How to Contact Us

“We” “our” or “us” refers to the company, BC Fairs, Exhibitions & Festivals, which is a registered association in British Columbia, with our office located at #64 – 4496 Sunshine Coast Hwy., Sechelt, BC, V7C 0C3. You can call us at 604-747-9000 or email bcfairs.info@gmail.com “We” “our” or “us” also or instead refers to any group of this association. We are responsible for this app and/or website. You can contact us at our registered office.

Who Can Use Our app and/or website

Our app and/or website, our licences and our services are all aimed at users over the age of 18 years old. If you are under the age of 18 years old, you are not permitted to access or use our app and/or website, Online Tools, software or social media pages and should cease to do so.

We do not allow use or viewing of our app and/or website or services in or from any country or region where it would be illegal to do so for any reason (whether due to restrictions in place, data protection or privacy laws or otherwise). Please immediately cease use of this app and/or website if that applies.

Prohibited Uses

You may use our app and/or website only for lawful purposes. You may not use our app and/or website in any way:

• that breaches any applicable local, national or international law or regulation
• that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
• for the purpose of harming or attempting to harm minors or vulnerable people in any way
• for the purpose directly or indirectly of terrorism, violence or threats or promotion of these
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards,
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or mass communication (spam)
• to transmit knowingly any data or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or computer code designed to misuse or adversely affect the operation of any software, system, hardware, device or data
• to duplicate, copy or re-sell any part of our app and/or website.
• to access without authority, interfere with, damage or disrupt any part of our app and/or app and/or website, any equipment, device or network on which our app and/or website is stored, any software used in the provision of our app and/or website or Online Tools or any equipment or network or software owned or used by any third party.

Do Not Rely on Information on Our app and/or website

The content on our app and/or website is provided for general information only. None of it is advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on our app and/or website. Although we sometimes update the information on our app and/or website, we make no representations, warranties or guarantees, whether express or implied, that the content on our app and/or website is accurate, complete or up to date.

We are Not Responsible for app and/or websites we Link to

Where our app and/or website contains links to other app and/or websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked app and/or websites or information you may obtain from them. We have no control over the contents of those apps and/or websites or resources nor for their data protection or privacy policies, which you should consult.

Interactive Services

We may from time to time provide interactive services on our app and/or website, including as possible examples chat rooms, forums, messaging services or platforms, file or document sharing or collaboration platforms, virtual meeting spaces and others. In addition, we may provide interactive Online Tools but these are subject to separate terms.

We will use reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our app and/or website. We will decide in each case whether it is appropriate to use moderation of any service and, if so, the method and extent. However, we are under no obligation to oversee, monitor or moderate any interactive service on our app and/or website.

We expressly exclude to the extent permitted by law our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not. If we do moderate an interactive service, we will normally provide you with a way to contact the moderator if you have concerns.

Content Standards

These content standards apply to all material which you contribute or post to our app and/or website (a “Contribution”), and to any interactive services associated with it. The Content Standards must be complied with in spirit not just to the letter. The standards apply to each part and the whole of any Contribution.

We will decide, in our sole discretion, whether a Contribution breaches these Content Standards.

A Contribution must:

• be accurate (where it states facts).
• be genuine (for example where it states opinions or makes representations)
• comply with the law applicable in Canada and in any country from which it is posted or in which it is intended to be seen

A Contribution must not include, contain, refer to, promote or condone anything that:

• is defamatory of any person or libellous
• is obscene, offensive, hateful or inflammatory
• is bullying, insulting, intimidating or humiliating of any person
• contains sexually explicit material or any pornography
• contains violence or terrorist materials, news or propaganda
• contains a statement which you know or believe, or have reasonable grounds for believing, that anyone to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or violence
• advocates, promotes, incites anyone to commit or assists any unlawful, illegal or criminal act
• is discriminatory based on race, gender, religion, nationality, disability, sexual orientation or age
• infringes any copyright, database right, trade mark or other intellectual property right 
• is in breach of any applicable data protection or privacy laws in any jurisdiction
• is fraudulent, misrepresentative or is likely to deceive any person.
• breaches any legal duty including any statutory or contractual duty or a duty of confidence
• is in contempt of court
• is threatening, abusive or invades anyone’s privacy
• is likely to harass, upset, embarrass, alarm, cause anxiety or annoy any other person
• impersonates any person, or misrepresents your identity or affiliation with anyone
• gives the impression that the Contribution comes from us, if this is not the case.

Use of Material on our app and/or Website and Copyright

We are the owner or licensee of all copyright and all other intellectual property rights in our app and/or website, and in the material published on it and all its contents. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our app and/or website (or anything based on it or derivative from it) in any business or for any commercial purposes without obtaining a licence to do so from us or our licensors.

You may print off one copy, and may download extracts, of any page(s) from our app and/or website for your personal use and you may draw the attention of others within your organisation to content on our app and/or website. You must not modify any of these in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our app and/or website must always be acknowledged.

Our Trade Names, Logos and Trade Marks

Our trade names and logos belong to us and may be registered as trade marks. You are not permitted to use them without our approval, unless otherwise licensed to do so under a written contractual licence with us, for example as a licensee of ours, or if they are part of material you are using as permitted under these terms.

User-Generated Content by You or Others on Our app and/or website

This app and/or website may now or in the future include information or materials uploaded by you or other users of our app and/or website, including on forums, shared documents app and/or websites and chat rooms. These have not been verified or approved by us. The views expressed by other users on our app and/or website do not represent our views or values.

If you contribute or upload content or communications to our app and/or website, or make contact with other users of our app and/or website, you must comply with the rules and content standards set out in this document. You warrant any such contributions that do not comply with the terms outlined in this policy are your responsibility, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of rules.

We have the right to remove anything you contribute to our app and/or website if, in our sole opinion, it does not comply with the terms in this document. We may also remove any user generated content if we make a business decision about storage and maintenance of content that results in that content being removed, so you may not rely on any content of yours remaining available.

Any content you upload to our app and/or website will be considered non-confidential and non-proprietary. You must not upload any material in which you wish to maintain copyright or other intellectual property rights or that is subject to someone else’s copyright. 

We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app and/or website constitutes a violation of their intellectual property rights, or of their right to privacy, or of any other legally protected rights. We may also disclose your identity to any law enforcement authorities if it is alleged that any content posted or uploaded by you breaches any applicable laws. 

We are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our app and/or website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, devices and platform to access our app and/or website. You should use your own virus protection software.

You must not misuse our app and/or website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app and/or website, the server on which our app and/or website is stored or any server, computer or database connected to our app and/or website. You must not attack our app and/or website via any form of denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable English law, the Computer Misuse Act 1990 which we would report to the relevant law enforcement authorities together with disclosure of your identity. 

Rules about linking to our app and/or app and/or website

You may link to our home page but only if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our app and/or website in any app and/or app and/or website that is not owned by you.

Our app and/or website must not be framed on any other app and/or website, nor may you create a link to any part of our app and/or website other than the home page. The app and/or website in which you are linking must comply in all respects with the content standards set out in this document.

If you wish to link to or make any use of content on our app and/or website other than that set out above, please contact us. We reserve the right to withdraw linking permission without notice or liability to you.

Complain About Content or Breach of Our app and/or website Acceptable Use Policy

If you wish to report or complain about content either from us or uploaded by other users or report any breaches of these Terms or our app and/or website policies, please contact us.

Breach of these Terms

If we consider that you have breached these Terms, we may (but are not obliged to) take such action as we see fit which may include all or any of the following:

• immediate, temporary or permanent withdrawal of your right to use our app and/or website
• Immediate, temporary or permanent removal of any your Contributions (see our app and/or website Acceptable Use Policy for definition of this)
• issuing a warning to you
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs and any liability of ours or damages awarded against us or resulting settlement sums) resulting from the breach
• disclosure of information to law enforcement authorities as we see fit or as required by law
• any other action we decide to take including further legal action against you.

We exclude our liability for all action we may take or not take in response to breaches of these terms. The actions we may take are not limited to those above, and we may take any other action we deem appropriate.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and liability for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability may apply to liability for the supply or sale of any products or services by us, which will be set out in any relevant contract or terms. 

We exclude all implied conditions, warranties, representations or other terms that may apply to our app and/or website or any content on it to the fullest extent permitted by law. 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our app and/or website; use of or reliance on any content on our app and/or website. In particular, we will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss, damage or costs.

We may Make Changes to Our app and/or Website or Suspend or Withdraw It

We may change our app and/or website or any pages or sub-domains or related app and/or websites from time to time to reflect changes to our business or priorities or our users' needs or for other reasons at our discretion. We do not guarantee that our app and/or website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app and/or website for business or operational reasons but will aim to notify users if this will affect their purchased services.

We may Transfer to Someone Else

We may transfer our rights and obligations under these terms to another organisation if we transfer our business to them. We will notify any such change on this app and/or website. From that date, the new owner will be responsible for this app and/or website and for all rights and obligations under these Terms.

Laws and Jurisdiction Applicable to any Dispute

These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Canadian law and subject to the exclusive jurisdiction of the courts of Canada.

Changes to These Terms

We keep these Terms under review. The date that they were last updated is set out below.

As a result of our reviews, we reserve the right to make changes to these Terms. The current version of these Terms is the one published at the relevant time on our app and/or website. Every time you wish to use our app and/or website, please check these Terms to ensure you understand the provisions that apply at that time. 

Last Updated: May 10, 2022