Terms & Conditions
Site Content and the BCRD’s Intellectual Property Rights
All text, graphics, interfaces, photographs, images, trademarks, logos, sounds, music, artwork, video and audio files, software and computer codes, and other material (collectively, “Content”), including but not limited to the design, structure, coordination, “look and feel” and arrangement of such Content, contained on the Site or as part of certain products, services or programs offered through the Site, is owned, controlled or licensed by or to the BCRD, and is protected by copyright, trademark, trade secret and various other intellectual property rights and unfair competition laws.
Your Use of the Site
You may not use any automatic or manual device, program, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the BCRD’s systems or networks, or any systems or networks connected to the Site or to the BCRD.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any unlawful purpose, or to solicit the performance of any illegal activity or other activity which infringes the rights of the BCRD or others.
Other Terms and Conditions
The BCRD may make changes to any programs or services offered on the Site, or to the applicable prices for any such programs or services, at any time, without notice. The materials on the Site with respect to programs and services may be out of date, and the BCRD makes no commitment to update the materials on the Site with respect to such programs and services.
Registration, Passwords and Security
Certain features or services offered on or through the Site may require you to register (including setting up an ID and/or password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account or registration, including your password, and for any and all activity that occurs under your account or registration as a result of your failing to keep this information secure and confidential.
You may not use anyone else’s ID, password or account at any time. The BCRD will not be liable for any loss or damage arising from your failure to comply with these obligations.
Submissions & User Generated Content License
There may be portions of the Site that allow for the posting of reviews, comments, photographs, videos or other content (“User-Generated Content”). Where the Site allows, you are permitted to submit or post such User-Generated Content as long as such content is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted may not contain malware, software viruses, spam or similar harmful programming, commercial solicitations, chain letters, or mass mailings. We reserve the right (but not the obligation) in our sole discretion to remove or edit any such content.
If you post any such content, intentionally or unintentionally, you are granting us a worldwide, non-revocable, royalty free license in said content, and we and any others we designate from time to time shall have unrestricted rights to use such content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us. We assume no responsibility and have no liability for any User-Generated Content created or posted by you or anyone else.
Content Linked to the Site
Changes to the Site
We reserve the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that we shall not be liable to you or any third party for any such actions.
Disclaimers and Limitation of Liability
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK.
THE CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, SERVICE OR PROGRAM OFFERED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF OUR PROGRAMS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS SITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE BY YOU.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE SITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, ACTS OF TERRORISM, ILLNESS OR GLOBAL PANDEMNICS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY SITE, SERVICE, SERVER, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITE.
Compliance with Applicable Law
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other organizations for fraud protection purposes.
When you visit the Site or correspond with us via e-mail or by posting comments to the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.