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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 Minister of Health (the “Province”) with respect to your participation in the HealthyFamilies BC online community through the HealthyFamilies BC community website (the “Site”). These Terms of Use set out the terms and conditions that apply to you when you submit comments, stories or other content (collectively, “Content”) to the Site. By clicking the box to indicate that you agree to these Terms of Use, you are deemed to have read and to have agreed unconditionally to the terms and conditions set out below.

1. Eligibility to Contribute:

1.1 To contribute to the Site you must be, and you represent and warrant that you are, 19 years of age or older.

2. Submission and Review of Content:

2.1 The Province reserves the right to review all Content submitted to the Site, to refuse to publish to the Site and to delete at any time from the server on which the Site is located any Content that the Province deems, in its sole discretion, to be objectionable or inappropriate, including without limitation Content that:

  • is defamatory, threatening, hateful, personally disparaging, harassing, indecent, vulgar, obscene, profane, illegal, immoral or sexually explicit (partially masking profanity or other unacceptable language by substituting asterisks or other symbols into a word is not acceptable if the word remains recognizable);
  • is disrespectful of the Site hosts, moderators, other users of the Site or their opinions, ideas or beliefs;
  • contains the personal information of any person other than the person posting the Content;
  • would appear to, or does actually, infringe the copyright, trade-mark, right of privacy, right of publicity or any other intellectual property or other proprietary right of any third party, including other users (links to third party materials should be included, rather than copying significant portions of those materials into the Content);
  • advertises any product, person or organization, or directs attention to another website for personal gain;
  • impersonates another person, living or dead;
  • attempts to make contact with a minor outside of the Site;
  • provides links to, or information about, other sites that contain unlawful, objectionable or inappropriate content;
  • contains long embedded URLs, excessive links, code or other materials that could compromise the integrity or security of the Site or of the server;
  • appears to be spam-like messaging or repeat postings; or
  • is far off-topic or intentionally disrupts a forum discussion.

2.2 If you are concerned about inappropriate Content please e-mail HealthyFamiliesBC@gov.bc.ca, citing the date and author of the Content in question.

2.3 We may suspend or terminate your access to the Site, at any time for convenience, or for any other reason including breach of any of the terms of these Terms of Use.

3. Ownership and License:

3.1 You retain ownership of all Content you submit to the Site. You represent and warrant that Content submitted by you: (a) is your original work, or has been provided to you or obtained by you from the rightful owner with all necessary permissions; and (b) does not and will not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

3.2 You agree, at the request of the Province, to provide to the Province the permissions described in paragraph 3.1 above.

3.3 By submitting Content to the Site, and in consideration of the opportunity to participate in the Site and other valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you hereby grant to the Province a non-exclusive, perpetual, irrevocable, royalty-free, worldwide unrestricted license to exercise in respect of Content submitted by you those rights set out in the Copyright Act (Canada), including the right to use, reproduce, modify, distribute and display such Content in any and all formats present and future for any and all purposes associated with the Site.

3.4 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.

3.5 You agree that the Province may reformat, rearrange or otherwise modify Content submitted by you, and you understand and acknowledge that the Province has no obligation to acknowledge you by name or pseudonym as the author of such Content or to ensure that you remain anonymous.

3.6 With the exception of Content submitted to the Site by you and by other contributors, all intellectual property in the Site, including but not limited to copyright, official marks or trademarks, 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.

3.7 Use of any material from or links to third party websites must be in accordance with these Terms of Use. The Province does not control such third party websites and is not responsible for their contents. The inclusion of hyperlinks to such third party websites does not imply any endorsement of the material on such websites or any association with these third parties.

4. Freedom of Information:

4.1 Since most government information, including the contents of this Site, may be the subject of a freedom of information request, it is possible that some or all of the information you submit will be disclosed publicly under the Freedom of Information and Protection of Privacy Act (“FOIPPA”). Please consider this when contributing to the Site.

4.2 You agree that in order to protect your own privacy, you will not include any personal information, including phone numbers and email addresses, in the body of your comment. You also agree to protect the privacy of others by not including personal information about others.

5. Collection, Use and Disclosure of Personal Information:

5.1 Your name, email address, and opinions are characterized as “personal information” under FOIPPA. The Ministry of Health is collecting this personal information from you for the purposes of: (a) hearing your thoughts on healthy living issues; (b) facilitating discussion with other users of the Site; and (c) if you indicate that you wish to receive notifications of future opportunities to participate in public consultations and information on healthy living initiatives (collectively, the “Additional Information”), providing you with such Additional Information.

5.2 For the purpose of administering the Site, the Ministry of Health is also collecting details of your visit to the website on which the Site is located, including your IP address, the date and time of your visit, and your acceptance of these Terms of Use.

5.3 Any personal information collected from you will be collected, used and disclosed in accordance with the FOIPPA and the Province’s general Privacy Policy. The authority to collect your personal information comes from section 26(c) of FOIPPA. If you have any questions about the collection of your personal information, please contact:

Christin Petelski, Sr. Manager, Health Engagement Unit
Population and Public Health Division, Ministry of Health
4-2, 1515 Blanshard St
Victoria BC, V8W 3C8
Ph. 250-952-1516

5.4 Your name and opinions will be used for, and publicly accessed and disclosed worldwide on, the Site.

5.5 Your email address may also be used to: (a) contact you for clarification of your comment(s); and (b) provide you with the Additional Information. If you no longer wish to receive the Additional Information, you may unsubscribe at any time by: (a) clicking the “unsubscribe” link in any email sent to you in connection with the Site; or (b) accessing the “Manage Your Account” function available on the Site and removing the check mark from the “subscribe” box.

5.6 Your personal information may be disclosed to the Province’s independent contractors or service providers to the extent that such independent contractors or service providers require access to such information in order to perform services in connection with the Site.

5.7 By accepting these Terms of Use, you hereby consent for the purposes set out above to the use, disclosure inside and outside of Canada of, and access inside or outside of Canada to, your personal information. Your consent will be effective from the date that you confirm your acceptance of these Terms of Use until the date that you withdraw (in writing) your consent to the contact listed above in these Terms of Use or, in the case of consent for the purpose of receiving the Additional Information, until the date that you unsubscribe in the manner set out above in these Terms of Use.

5.8 Any inquiry about improper disclosure of personal information on the Site should be directed by e-mail to HealthyFamiliesBC@gov.bc.ca citing the date and author of the Content where the disclosure occurred.

6. Limitation of Liability and Indemnity:

6.1 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 any person or entity for any direct, indirect, special, incidental, consequential, or other damages based on: (a) use of any Content under these Terms of Use; (b) any use by you of the Site; or (c) any failure by you to abide by these Terms of Use.

6.2 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.

6.3 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 Site; (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. Disclaimer:

7.1 You agree that your use of the Site is entirely at your own risk and that you will be liable for any failure to abide by these Terms of Use. In addition to the Province’s general Warranty Disclaimer, the Province makes no representations or warranties, expressed or implied, regarding:

a) the availability of the Site; or
b) the accuracy, completeness or currency of any information, including Content, posted to the Site.

8. Termination of Site and Amendment to Terms:

8.1 The Province reserves the right to stop providing the Site at any time. The Province also reserves the right to modify these Terms of Use at any time, without notice being provided directly to you.

8.2 You understand that it is your responsibility to review these Terms of Use on a regular basis to ensure that you are aware of any modifications that may have been made. Your continued use of the Site constitutes your acceptance of any such modified Terms of Use. In the event that you do not agree to be bound by such modified Terms of Use, then your sole remedy is to stop using the Site.

9. Additional Terms:

9.1 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 will nonetheless remain in full force and effect.

9.2 These Terms of Use will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable in British Columbia.

9.3 You agree that any action at law or in equity in any way arising from these Terms of Use and/or in any way associated with your use of the Site will be resolved by arbitration under the Arbitration Act (British Columbia) and that the place of arbitration will be Victoria, British Columbia.

9.4 These Terms of Use, including the information for which links are provided within these Terms of Use, constitute the entire agreement between you and the Province with respect to your use of the Site.

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