Terms of Use
Supporting Documents:
Terms of Use: Communities of Practice
Terms of Use: FNBC Portal
The First Nations in British Columbia website (the “FNBC” or “Portal”) is provided for your convenience by the New Relationship Trust (the “NRT”) and the First Nations Technology Council (the “FNTC”). The FNBC website is a gateway to information and resources regarding First Nations in British Columbia, Canada.
USE. You may use this Portal and materials contained within it for your personal, non-commercial, academic and research purposes in furtherance of the goals to improving First Nations efforts to self-determination and self-governance. Creating an account on this Portal may allow you access to certain Portal functions.
NOTE: Creating an account on this Portal does not mean that you have access to, or are authorized to access a Community of Practice (the “CoP”) within the Portal. Each Community of Practice is moderated by an individual or group of individuals. It is the sole discretion of the CoP moderator(s) to grant you access to and use their CoP under its own applicable CoP Terms of Use, which are separate from these Terms.
You are free to share – i.e., copy, distribute, transmit and adapt - any material which is marked with the Creative Commons license symbol - (cc) - or CC-BY-SA (for more information, see http://creativecommons.org/licenses/by-sa/3.0/), provided that you attribute the work to the FNBC and, if you adapt or modify the work and distribute it, that you do so under the same or similar license terms.
The rights to any other content on the Portal belongs to their respective owners. If you wish to reproduce, distribute or circulate such content, you should obtain permission from the owner of that content.
The Site contains links to third-party websites (“Links” or “External Sites”). These Links are provided solely as a convenience to you and not as an endorsement by the NRT or FNTC of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
You agree not to use this Portal or any material contained on this Portal: (a) in a manner that violates any local, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law, including intellectual property law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt any other websites, servers or networks connected to this Portal. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with this Portal; or (y) attempt to gain unauthorized access to any accounts, computer systems, or networks connected to this Portal, whether through hacking, password mining, or any other means.
You may discontinue your participation in and access to the Portal at any time. If you breach any of these Terms, your authorization to use the Portal automatically terminates. The NRT or FNTC may terminate, suspend, or modify your registration with, or access to, all or part of the Portal, without notice, at any time and for any reason. The NRT or FNTC may modify, suspend, or discontinue the Portal, or any part of it, at any time without notice to you.
USER SUBMISSIONS
Certain areas of the Portal may permit you to submit feedback, information, data, and other materials (“Submissions”) for the purpose of furthering the goals of the FNBC website. By providing Submissions to the Portal, you are agreeing to share such Submissions with all users of the Portal, and you are granting permission to the NRT and FNTC to use, distribute, reproduce, modify, adapt, publish, translate and publicly display your Submission. The FNTC has provided a “Content Release Form” for documenting authorized Submissions to the Portal. (CLICK HER E TO DOWNLOAD)The Portal is not required to host, display, distribute, allow editing or retain any of your Submissions. Your Submissions may be monitored and reviewed by the FNTC/NRT and the posting or removal of any Submission is at the sole discretion of the FNTC/NRT. You agree that you are solely responsible for all of your Submissions, that all Submissions are made at your own risk and that the Portal, the NRT and FNTC have no responsibility or liability with respect to your Submissions.
By posting any Submission, you represent and warrant that: (a) your Submission does not contain any information that you or another party consider confidential, proprietary, or personal and not to be shared; (b) you either own or are otherwise authorized to post your Submission with the Portal for publication; (c) your Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; (d) you voluntarily agree to waive all "moral rights" that you may have in your Submission; (e) any information contained in your Submission is not known by you to be false, inaccurate, or misleading; (f) your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (g) your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; (h) your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and (j) your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
PERSONAL INFORMATION
You agree that any personal information that you elect to provide on this Portal is solely at your discretion and that this Portal provides no privacy guarantees with regard to such information or any of your Submissions. If you provide any personal information on this Portal, you agree that such information is treated as a Submission and may be shared on this Portal as described above.
DISCLAIMERS, LIMITATION OF LIABILITY
This Portal is provided "as is" and to the extent allowed by applicable law, the NRT and FNTC expressly disclaim all warranties of any kind, whether express, implied, or statutory, with respect to the Portal (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, no warranty is made that the Portal will meet your requirements or be provided uninterrupted, timely, secure, or error free.
In no event will the NRT and FNTC be liable for any direct, indirect, special, consequential, punitive, or exemplary damages (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the Portal (including, without limitation, use, inability to use, or the results of use of the Portal), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any such party has been advised (or should have known) of the possibility of such damages.
INDEMNITY
You agree to indemnify, defend, and hold harmless the NRT and FNTC and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your Portal account) violation of these terms.
TRADEMARKS
The New Relationship Trust and First Nations Technology Council are trademarks of the respective organizations. You may not use any trademarks of the NRT and FNTC, including the Portal logo, without prior written authorization for NRT and or FNTC
ACKNOWLEDGMENT
These Terms, together with any additional terms to which you agree when using particular elements of the Portal, constitute the entire and exclusive and final statement of the agreement between you and the NRT and FNTC governing your use of the Portal. These Terms may be modified at any time, and your continued use of the Portal will constitute acceptance of the then current Terms. These Terms shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and any federal laws of Canada of general application and you agree to irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia as the sole venue for any legal action. The failure of the any party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal effect.
These Terms shall remain in full force and effect notwithstanding any termination of your use of the Portal. These Terms will be interpreted without application of any strict construction in favor of or against any party.
If you do not agree to be bound by these Terms of Use / Legal Notices / Disclaimers then please leave the Portal immediately.
