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TERMS OF SERVICE
Below are the Terms of Service which applies to a participant's use of the programs and services provided through UBC REC. Please read the document carefully and indicate at the end of the document whether you agree with the Terms of Service, whether you disagree with the Terms of Service or whether you wish to have a copy of the Terms of Service printed.
1. ACCEPTANCE OF TERMS
The "UBC REC" is a sports program administered by the University of British Columbia through the Department of Athletics and Recreation for the primary benefit of the on campus community with some activities offered to include the off campus community. UBC REC provides its service to you, subject to the following Terms of Services. This document may be updated from time to time without notice. You can review the most current version of this document in the directory section of UBC REC website. This applied to all people who use the services on the website, including (and not limited to) the member directory, singles signup, online registration, group bookings, job applications and volunteer applications. UBC REC may also offer additional services in the future which, unless explicitly stated otherwise, will be bound by this agreement.
2. DESCRIPTION OF SERVICE
UBC REC website, rec.ubc.ca, currently provides users with a variety of tools and resources under UBC REC, Intramurals and Recreation programs. You also understand and agree that the Service may include advertisements and that these advertisements are an unconditional part of the services. You understand and agree that the Service is provided "AS-IS" and that UBC REC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In addition, you must provide and are responsible for all equipment necessary to access the services provided at this website.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UBC REC program has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UBC REC program has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). UBC REC program is concerned about the safety and privacy of all its users, as detailed in the next section (4), and may therefore restrict access if the user has concerns about safety and privacy.
4. PRIVACY POLICY
a. What this Privacy Policy Covers
This Privacy Policy covers UBC REC treatment of personally identifiable information that UBC REC collects when you are on the website, and when you use the website's services. This policy also covers UBC REC treatment of any personally identifiable information that UBC REC' business partners share with UBC REC.
This policy does not apply to the practices of companies that UBC REC does not own or control, or to people that UBC REC does not employ or manage.
b. Information Collection and Use
UBC REC collects personally identifiable information when you register for a member directory account, and when you use certain UBC REC website services.
When you register with UBC REC member directory or other services on the website, we ask for your name, email address, birth date, gender, postal code, UBC student number, home address and Unit. Once you register with UBC REC and sign in to our services, you are no longer an anonymous user. UBC REC will use this information to provide the service described for the activities contemplated by this agreement.
UBC REC also automatically receives and records information on our server logs from your browser including your IP address. Without limiting the generalities of the foregoing, UBC REC may use this information for the two purposes: improving the performance and efficiency of the website for its users, and disclosing user statistics to its administrators.
c. Information Sharing and Disclosure
UBC REC will not sell or rent your personally identifiable information to anyone. UBC REC may send personally identifiable information about you to other people when: We have your consent to share the information;
- We need to share your information to provide the product or service you have requested. This will include, but not limited to, the following:
· User names and/or photograph may appear in the public domain including, but not limited to, newspapers, web sites, Championship Row, the Hall of Fame and the Wall of Fame.
· Student numbers are required of all participants but will not be made public. Student numbers and names will be confirmed through the Registrar's Office, the Housing and Conference Department and other on or off campus offices. Phone numbers and email address are required of team captains and co-captains and there will appear on team schedules which will be circulated to other team captains and posted on public information bulletin boards for the duration of league play and playoffs.
- We need to send the information to companies who work on behalf of UBC REC to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
- We respond to subpoenas, court orders or legal process; or
- We find that your actions on our web sites violate UBC REC Terms of Service.
d. Your Ability to Edit and Delete Your Account Information and Preferences
UBC REC gives you the ability to edit your member directory account information and preferences at any time, including whether you want UBC REC to contact you about specials and new products.
e. Security
All private data in the member directory is protected by industry-standard SSL encryption if the user selects the 'Secure' link at the top of the web page. It is your responsilibity to activate the SSL encryption by clicking on the 'Secure' link. Notwithstanding the foregoing, UBC REC cannot guarantee the security of your passwords.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Member Directory registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify UBC REC of unauthorized use of your password or account or any other breach of security. Also, you agree to ensure that you log out at the end of each of your sessions. UBC REC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other online content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not UBC REC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via our services. UBC REC program does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using our services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will UBC REC be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via our services.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a UBC REC staff member, volunteer, director, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
d. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or contract (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to our services;
i. intentionally or unintentionally violate any applicable local, provincial, federal or international law, including, but not limited to, regulations from any national or other securities exchange, and any regulations having the force of law;
j. "stalk" or otherwise harass another; or
k. collect or store personal data about other users.
You acknowledge that UBC REC does not pre-screen online content, but that its designees and administrators shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the website. Without limiting the foregoing, UBC REC and its designees shall have the right to remove any content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by UBC REC or submitted to the website.
You acknowledge and agree that UBC REC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of UBC REC, its members and the public.
You understand that the technical processing and transmission of UBC REC website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
RECognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
UBC REC does not claim ownership of content you submit or make available for inclusion on the website. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the cervice, you grant UBC REC the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to content you submit or make available for inclusion on publicly accessible areas, including but not limited to the Singles Signup and the Participants Directory, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the website solely for the purposes of providing and promoting the UBC REC program. With respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the website, we reserve the right to distribute, reproduce, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of UBC REC website are those areas of the network of properties that are intended to be available to the general public.
9. INDEMNITY
You agree to indemnify and hold UBC REC program, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of the Terms of Service, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website.
11. GENERAL PRACTICES REGARDING USE
You acknowledge that UBC REC may establish general practices and limits concerning use of the member directory, and that UBC REC may modify or alter these terms without consultation of its users and members. You agree that UBC REC has no responsibility or liability for the deletion or failure to store submissions and other content maintained or transmitted by the website.
12. MODIFICATIONS TO SERVICE
UBC REC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered by the website (or any part thereof) with or without notice. You agree that UBC REC shall not be liable to you or to any third party for any modification, suspension or discontinuance of these services.
13. TERMINATION
You agree that UBC REC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the services, and remove and discard any content within the service, for any reason including (and not limited to) non-compliance with the Terms of Service. You agree that any termination of your access to the website services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that UBC REC may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such information. Further, you agree that UBC REC shall not be liable to you or any third-party for any termination of your access to their service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through UBC REC website, are solely between you and such advertiser. You agree that UBC REC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
15. LINKS
UBC REC website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because UBC REC has no control over such sites and resources, you acknowledge and agree that UBC REC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UBC REC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. UBC REC PROPRIETARY RIGHTS
You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by UBC REC or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF UBC REC WEBSITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UBC REC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. UBC REC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UBC REC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UBC REC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UBC REC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and UBC REC and govern your use of the services, superceding any prior agreements between you and UBC REC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and UBC REC shall be governed by the laws of British Columbia without regard to its conflict of law provisions. You and UBC REC agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia. The failure of UBC REC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the Terms of Service to our program staff.
Copyright © 2001 UBC REC Terms of Service
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