Last revised August 1, 2017
Additional service-specific terms and policies may apply in the case of some Websites (“Additional Terms “). Such Additional Terms shall be deemed to be incorporated into these Terms if you use those specific Websites, provided that if there is any inconsistency or conflict between the Additional Terms and these original Terms, these original Terms shall govern and prevail.
By using, accessing and browsing the Websites, you accept and acknowledge, without limitation or qualification, that you have read, understood and agree to be bound by the Terms, all policies incorporated by reference, and any subsequent changes to the foregoing. If you do not agree with any of the Terms, policies incorporated by reference, or any subsequent changes to the foregoing, you must not use, access or browse the Websites.
For greater certainty, the Terms do not alter, modify or amend in any way the terms or conditions of any other agreement you have entered into with Genome BC, its enterprise partners, suppliers and/or affiliates.
Incorporated Policies (the “Policies”).
Changes to Terms.
Genome BC may at its sole discretion modify, alter or otherwise update the Terms or Policies at any time and without liability to you. You agree that any modifications to the Terms or Policies will be effective upon posting of the modifications and notice of such changes to the Websites. Your continued use, access or browsing of the Websites following the posting of any modifications and notice of such changes will constitute your acceptance of such modifications. Therefore, you should frequently review these Terms and Policies.
Account Registration and Obligations.
To access or use certain features of the Websites, you may need to register an account (“Account“). If you are registering an Account for an institution or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant Genome BC all permissions and licenses provided in the Terms.
You may also be able to register an Account through your account with third-party social networking services (e.g. Facebook, LinkedIn, and Twitter) (“SNS Account“). You can disable the connection between your account and your SNS Account by accessing the “Setting’ section of the social networking services.
In consideration of your user of the Websites, you agree:
- to provide true, accurate, current and complete information about yourself and/or the institution that you represent;
- that you (and your institution, if applicable) are fully responsible for all activities that occur under your Account;
- to immediately notify Genome BC of any unauthorized use of your Account or any other breach of security; and
- that you are fully responsible for managing your Account, including but not limited to:
- maintaining the confidentiality of any Account information; and
- maintaining and promptly updating the Account information to keep it true, accurate, current and complete.
Ownership and Intellectual Property.
Material on the Websites, including but not limited to text, images, illustration, software, and webcasts (the “Website Material“) is owned, licensed or otherwise provided by Genome BC and may not be reproduced, republished, distributed, displayed, sold, transferred, or modified without Genome BC’s prior written permission. Genome BC does not represent or warrant that any Website Material does not or will not infringe the rights of any other person or entity. Trademarks, logos, service marks and trade names (the “Marks“) displayed on the Websites are registered or unregistered Marks of Genome BC or others, are the property of their respective owners, and may not be copied, imitated or used in whole or in part without the prior written permission of Genome BC or, if not owned by Genome BC, the owner of such Marks. Any Website Material must clearly and specifically state that you can reproduce or use such material prior to any reproduction or use by you, and if reproduced or used, bear the proprietary rights notices which originally appear on or in conjunction with such Website Material, and only reproduced or used pursuant to these Terms and the specific terms allowing for reproduction or use of such Website Material.
Use of Genome British Columbia Websites.
Genome BC grants you a limited license to use the Websites for your personal non-commercial use and information only subject to these Terms and all applicable policies and laws. Such grant does not include, without limitation: (a) any resale or commercial use of the Websites or content therein; (b) making derivative uses of the Websites and/or the contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Genome BC or any third party.
The Websites and the content provided in the Websites may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Genome BC, except that you may download, display and print the materials presented on the Websites for the licensed purposes only; provided that, you may not, without the permission of Genome BC or the respective copyright owner, (a) copy, publish, or post any materials on any website, computer network or broadcast or publications media, (b) modify the Website Material, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the Website Material. Unauthorized use of the Websites and/or the Website Material may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any Genome BC trademark, logo or other proprietary information (including the images found at the Websites, the content of any text or the layout/design of any page or form contained on a page) without Genome BC’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Genome BC name or trademark without Genome BC’s express written consent.
Links and references to other websites from the Websites are provided to you as a convenience only. Clicking on certain links contained in the Websites may take you to other websites including Social Media (“Other Websites“). Unless Genome BC clearly and expressly states otherwise in writing, such Other Websites are not created, maintained or monitored by Genome BC. Genome BC is not responsible for the accuracy, currency or the reliability of the content of such Other Websites, has not reviewed, does not expressly or impliedly endorse Other Websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any Other Websites, information or material posted or products or services offered in the Other Websites. If you decide to access Other Websites, you do so at your own risk.
Content Provided by You.
You agree that any material, including but not limited to text, images, illustration, software, and webcasts, which you provide, supply or submit to Genome BC or a third party in relation to the Websites (“User Content“) or Social Media:
- is not and will not be offensive, aggressive, defamatory, abusive, obscene, misleading, unlawful or otherwise infringes or violates any law or rights of third parties;
- does not and will not contain any advertising, promotional materials or other forms of solicitation to other users, individuals or entities of goods or services;
- does not and will not falsify the origin or source of any information contained in the materials;
- does not and will not contain any financial or personal information about yourself or others;
- does and will comply with all terms of service and privacy policies of the Social Media providers; and
- may be removed by Genome BC from the Websites or Social Media immediately at any time, for any reason, without notice, in Genome BC’s sole discretion and without any liability to you.
Genome BC takes no responsibility and assumes no liability for any User Content that you provide. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You agree that Genome BC has no obligation to screen any User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuitable to your purpose, and you agree that Genome BC shall not be liable for any damages you allege to incur as a result of your use of the User Content.
User Content License Grant.
By providing any User Content, you expressly grant, and represent and warrant that you have a right to grant, to Genome BC, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, publicly perform, publicly display, and make derivative works of the User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Exclusion of Warranties and Disclaimer.
The Websites and any Website Material are provided “as is”. You expressly agree that all use of the foregoing is at your sole risk. You acknowledge and agree that you have been advised by Genome BC to undertake your own due diligence with respect to the Websites. Genome BC makes no representations or warranties, either express or implied, of any kind with respect to the Websites or their operation or content.
Genome BC expressly disclaims all representations and warranties, express or implied, of any kind with respect to the Websites, their use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the content or data found on the Websites, title and non-infringement, and those arising by statue or otherwise in law or equity, or from a course of dealing or usage of trade.
Genome BC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a user or third party through the Websites or any hyperlinked website, and Genome BC will not be a party to or in any way monitor any transaction between you and a user or third-party providers of products or services.
You shall indemnify, hold harmless and defend Genome BC and its directors, officers, employees, consultants, students, representatives, contractors and agents from and against any claims, suits, losses, liability, damages, actions, causes of action, costs, fees and expenses including without limitation legal, accounting and other professional fees and expenses, whether brought by or on your behalf or by third parties relating to or arising from your use, access or browsing of the Websites, the Website Materials, Other Websites, and/or Social Media including but not limited to any breach or violation by you of the Terms. Genome BC reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
Limitation of Liability.
You agree that Genome BC, its directors, officers, employees or other representatives shall not be liable for any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, or any other damages of any kind, including but not limited to, loss of profits, for any cause of action whatsoever and whether in contract, tort or any other legal and equitable theory arising out of or in any way connected with your use, access or browsing of the Websites. In no event shall the aggregate liability of Genome BC (whether in contract, warranty, tort (including negligence), product liability, strict liability or other theory) arising out of or relating to the use of the Websites exceed CAD $100.00.
Right of Termination.
Genome BC may at any time, for any reason, without notice, in its sole discretion and without any liability to you, suspend or terminate your access, use or ability to browse, or block or prevent your future access, use or ability to browse the Websites. All provisions of the Terms which by their nature should survive termination shall survive.
Failure of Genome BC to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or rights contained in these Terms.
Governing Law and Jurisdiction.
The Terms and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of the Websites and the Terms.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and those incorporated herein or referred to herein (which may include, without limitation, the Additional Terms) constitute the entire agreement between you and Genome BC relating to the subject matter hereof, and supercede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on the Websites.