Kevin Krueger, MLA's Online Terms of Use
Kevin Krueger, MLA (the “MLA”) his/her staff and staff of the BC Government Caucus maintain this site (the "Site") for your personal information, education, and communication. Your access and continued use of the Site constitutes your acceptance of and compliance with the following provisions.
If you do not agree to these terms and conditions, you are not permitted to use the Site. Please note that these terms and conditions may change from time to time and it is your responsibility to check for updates. The last revision date was May 17, 2005.
You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, re-use, re-post, or use the content of the Site for public or commercial purposes, including the text and images, without the MLA’s written permission.
Disclaimer
The Site may contain links to other sites. These links are provided as references to help you identify and locate other resources that may be of interest. These other sites were independently developed by parties other than the MLA, and the MLA does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. The MLA is in no way acting as publisher or disseminator of the material contained on those sites. A link to another site should not be construed to mean the MLA is affiliated with, or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. Listing should not be taken as endorsement of any kind. The MLA cannot guarantee that these links will work all of the time and has no control over the availability of the linked pages.
Terms and Conditions
1. The MLA either owns the intellectual property rights, including copyright, over all material on the Site, or has acquired the necessary licences, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (the “Content”). As a user of the Site, you are granted a limited licence to use (display or print) short extracts of the information for your own personal non-commercial use only, provided the Content is not modified and you shall be fully responsible for the consequences resulting from such use. Any other use of the Content is prohibited without the written permission of the MLA. The MLA neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
2. Your use of and browsing in the Site are at your own risk. Neither the MLA nor any other party involved in creating, producing, or delivering the Site is liable for any damages, including but not limited to direct, indirect, incidental, consequential, special, or punitive damages, arising out of your access to or use of the Site. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computing system. The MLA also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.
3. While the MLA may use reasonable efforts to include accurate and up-to-date information in the Site, the MLA makes no guarantees or representations as to its accuracy. The MLA assumes no liability or responsibility for any efforts or omissions in the content of the Site.
4. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the MLA and
others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the MLA will aggressively enforce his/her intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, the MLA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. While we are always happy to hear from you, it is the MLA’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials.
7. Although the MLA may from time to time monitor or review transmissions and the like on the Site, the MLA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. You also agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the site.
8. The MLA will cooperate with any law enforcement authority or court order requesting or directing the MLA to disclose the identity of anyone posting any such information or materials. The User undertakes to use the Contents diligently, correctly and in a legal manner and, in particular, undertakes to abstain from (a) using the Contents for ends or purposes that are in violation of the law, of generally accepted ethics and proper conduct and public order; (b) reproducing or copying, distributing, permitting access to the public by any means of public communication, transforming or modifying the Contents, unless granted the authorization to do so be the titleholder of the corresponding rights thereover or if it is legal to do so; (c) deleting, avoiding or manipulating the "copyright" and other identifying data as to the rights held by the MLA or other titleholders incorporated into the Contents, as well as the technical protection devices, digital fingerprints or any other information mechanisms that might be contained in the Contents; (d) using the Contents and, in particular, information of any kind accessed through the Services in order to send advertising or communications for the purposes of direct sale or for any other commercial purpose, un-requested messages addressed to multiple persons independently of the purposes thereof, as well as abstain from commercializing or disclosing such information in any way. The MLA reserves the right to deny or withdraw access to the Services, at any time and without being required to issue prior warning, to any Users that fail to comply with these General Conditions or the applicable Specific Conditions.
9. The MLA respects the privacy concerns of the users of the Site. As a general policy, no personal information is automatically collected from users of the Site.
However, certain non-personal information is recorded by the standard operation of the MLA’s Internet servers. Information, such as the type of browser being used, its operating system, and your domain name, is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users on the Site, but only in aggregate and non-personally-identifiable form. This data may be provided to third parties for marketing, advertising and other uses.
10. You agree to indemnify, defend and hold the MLA and his/her affiliates, and their respective officers, directors, employees, owners, agents, information providers, licensors, successors and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. The MLA reserves the right, at his/her own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with the MLA defense of such claim.
11. The Site is controlled and operated by the MLA from his/her offices within the province of British Columbia, Canada. The MLA makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the province of British Columbia without regard for conflict of law principles, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or the MLA may bring to enforce this agreement, or in connection with any matters related to the Site, shall be brought only in either the Provincial or Supreme Courts of British Columbia located in Victoria, British Columbia, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the MLA.
12. Privacy and security in the use of the Services. The MLA does not guarantee privacy and security when using the Services and, in particular, does not guarantee that unauthorized third parties cannot obtain knowledge of the type, conditions, characteristics and circumstances of use made by the Users of the Services. THE MLA IS FREE FROM ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE DERIVING FROM THE KNOWLEDGE THAT THIRD PARTIES MAY OBTAIN AS TO THE TYPE, CONDITIONS, CHARACTERISTICS OF USE AND CIRCUMSTANCES UNDER WHICH THE USERS USE THE SERVICES.
TM & © 2005 Kevin Krueger, MLA
All rights reserved. Do not duplicate or redistribute in any form.