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Terms

British Columbia Mountaineering Club (BCMC) is a group of like-minded individuals who participate in outdoor activities. To facilitate the interaction between its members, the BCMC operates a website that allows members to create unique personal profiles online in order to find and communicate with old and new friends. By using the BCMC Website you agree to the Terms of Use, whether or not you register as a paying member ("Member") of the club.

The BCMC is a general audience web site, intended for users of all ages. Please choose carefully the information you post on BCMC and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other BCMC Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and BCMC assumes no responsibility nor liability for this material. BCMC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Members of the BCMC are required to agree to a waiver of liability (BCMC Waiver) as an integral part of their membership. In case of any conflict between the BCMC Waiver and the Website Terms of Use, the BCMC Waiver takes precedence and supersedes the Terms of Use.

 

Terms of Use

1) Your Interactions.

You are solely responsible for your interactions and communication with other Members. You understand that BCMC does not in any way screen its Members, nor does BCMC inquire into the backgrounds of its Members or attempt to verify the statements of its Members. BCMC makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of BCMC then you should take it upon yourself to do a background check on said person.

 

2) Non Commercial Use by Members.

The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the executive of BCMC. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by BCMC for any illegal or unauthorized use of the Website.

 

3) Proprietary Rights in Content on British Columbia Mountaineering Club.

BCMC owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of BCMC and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

4) Content Posted on the Site.

  1. You understand and agree that BCMC may review and delete any content, messages, BCMC Messenger messages, photos or profiles (collectively, "Content") that in the sole judgement of BCMC violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

  3. By posting any Content to the public areas of the Website, you hereby grant to BCMC the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.

  4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. BCMC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    4. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    7. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    10. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

  5. You must use the Service in a manner consistent with any and all applicable laws and regulations.

  6. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. Although BCMC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BCMC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BCMC deems appropriate in its sole discretion.

  7. You may not attempt to impersonate another user or person who is not a member of BCMC.

  8. You may not sell or otherwise transfer your profile.

     

5) Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BCMC to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to BCMC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BCMC for notice of claims of copyright infringement can be reached via email address.

 

6) Privacy Policy.

Personal information of all users is collected, used and disclosed by the BCMC as follows:

  1. We receive and store any information you enter on the BCMC Web site or give us in any other way. We collect personal information such as your e-mail address, name, home address and telephone number. We may also collect demographic information, such as your postal code, age, gender, preferences, interests and favourites. We use the information that you provide for such purposes as responding to and processing your requests, helping match your interest with appropriate activities, and communicating with you. You have access to the information that you give to BCMC via your "Account" page.

  2. In addition to personal information that you give us, we may also ask for or track certain anonymous information that we may analyze on an anonymous, aggregated basis. This information is used to improve our website and the operations of the BCMC.

  3. We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses BCMC online.

We value and protect your personal information. When you first join, you are asked to specify what personal information to make visible to other Members of the BCMC. You may modify these settings at any time by accessing your Account page and selecting the correct options. Trip Organizers and instructors will have access to a limited amount of personal information when you sign-up for one of their activities. We do not sell, trade, or share names, contact information or purchasing data of our members, however some information on our membership lists, such as your name and address, may be exchanged with other similar organizations such as the Federation of Mountain Clubs of BC (FMCBC).

 

7) Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of British Columbia without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.

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