Terms Of Use and Privacy Statement

YOU MUST READ AND AGREE TO THESE TERMS OF USE BEFORE PARTICIPATING IN A DISCUSSION FORUM ON THE COMMONS WEBSITE.

Your Agreement
These Terms of Use constitute an agreement between you and the Province of British Columbia, represented by the Minister of Education (the “Province) with respect to your use of the Commons Discussion Forum (the “Discussion Forum”). By accepting these Terms of Use, you are deemed to have read and agreed to the terms and conditions set out below.

Required Age to Contribute
To contribute to the Discussion Forum, you must be at least 19 years of age. If you are under 19, you must obtain the consent of your parent or legal guardian, in which case your legal parent or guardian will be responsible for your use of the Discussion Forum.

Submission and Review of Content 
The Province reserves the right to edit, refuse to post or delete questions, comments, ideas and other contributions to the Discussion Forum (collectively, the “Content”).  Content that the Province deems, in its absolute discretion, to be objectionable or inappropriate, including without limitation Content that: (a) is defamatory, threatening, hateful, indecent, obscene, illegal, immoral or sexually explicit; (b) makes unproven or unsupported accusations against individuals, groups or organizations; (c) potentially or actually infringes any third party’s copyright, trademark, right of privacy, publicity or any other intellectual property or other right; (d) contains information about or images of any person other than yourself; (e) advertises a product, person or organization; (e) contains material that could compromise the integrity or security of the Discussion Forum, or of the website or server on which the Discussion Forum resides; or (f) is far off-topic.

If you are concerned about inappropriate Content please e-mail commons@bclibrary.ca citing the date and author of the Content in question.

Ownership and License
You retain ownership of all Content you submit to the Discussion Forum (“Your Content”). You represent and warrant that: (a) Your Content is your original work, or has been provided to you or obtained by you from the rightful owner with all necessary permissions; and (b) Your Content does not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

By submitting Your Content to the Discussion Forum, and in consideration of the opportunity to participate in the Discussion Forum and other valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you hereby grant to the Province a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, publish, communicate to the public by telecommunication, modify, display and distribute Your Content in any and all formats for any and all purposes associated with the Discussion Forum. You agree that the Province may engage independent contractors and service providers to assist the Province to exercise the rights you grant to the Province under these Terms of Use.

Permission to Use Contributions
You agree that the Province may reformat, rearrange or otherwise modify Your Content, and you understand and agree that the Province has no obligation to acknowledge you by name or pseudonym as the author of Your Content or to ensure that you remain anonymous.

With the exception of Your Content and Content submitted to the Discussion Forum by other contributors, all intellectual property in the Discussion Forum, including but not limited to copyright, official marks and trademarks, is owned by the Province. Copying or unauthorized use of any such intellectual property without the express written consent of the Province is prohibited.

Use of any material from or links to third party websites must be in accordance with these Terms of Use. The Province does not control such third party websites and is not responsible for their contents. The inclusion of hyperlinks to such third party websites does not imply any endorsement of the material on such websites or any association with these third parties.

Collection of Personal Information
In order to hear your thoughts on library service and to facilitate discussion with other users of the Discussion Forum, the Ministry of Education, which is responsible for library services for government, is collecting personal information from you. In addition to your name and your opinions, we are collecting:

  • Your e-mail address, which may be used to contact you for clarification of your comment(s), to notify you of future opportunities to participate in public consultations, and to keep you updated on the progress of our library transformation efforts and
  • the details of your visit to the website on which the Discussion Forum resides (the “Website”) such as your IP address, the date and time of your visit, and your acceptance of the Terms of Use. This information will be used for the purpose of administering the Discussion Forum and the Website.

Your personal information is collected by the Ministry of Education Libraries Branch under s. 26(c) of the Freedom of Information and Protection of Privacy Act (FOIPPA, BC) and will be used to register you for an account for accessing the Commons site and to contact you in the administration of your account. Should you have any questions about the collection of this personal information please contact Libraries Branch, Ministry of Education, Victoria, BC, commons@bclibrary.ca.

Access and Disclosure
By accepting the Terms of Use, you consent to the Province’s use of your personal information for the purposes outlined above. You also consent to the public disclosure and access in or outside of Canada of your name, your Contributions, and the date/time of your submission, for the purpose of participating in the Discussion Forum.

If you think that your personal information has been improperly disclosed on the Website, please notify us immediately by e-mail at commons@bclibrary.ca. Please include the date and author of the content in question in any such e-mail.

Disclaimer, Limitation of Liability and Indemnity
The Discussion Forum and all of the information it contains are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed.

You agree that under no circumstances will the Province or any of its respective servants, employees or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages based on: (a) use of any of Your Content under these Terms of Use; (b) any use by you of the Discussion Forum; or (c) any failure by you to abide by these Terms of Use.

You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of the Discussion Forum; (b) your violation of any provision of these Terms of Use; (c) your violation of any third party right, including without limitation any claims or action based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and (d) any claim that any of Your Content caused damage to a third party.

General
If any term or provision of these Terms of Use is invalid, illegal or unenforceable, all other terms and provisions of these Terms of Use will nonetheless remain in full force and effect.

These Terms of Use will be governed by and construed in accordance with the laws of British Columbia.