Terms of Service

Your Acceptance

This is an agreement between BC Aquarists (dba “BCA”), a company based in Duncan, British Columbia, which is the owner and operator of https://bcaquarists.ca (the “BCA Site”), and the BCA software, (collectively “BCA”, the “BCA Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO BCA’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://bcaquarists.ca/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

Allowable Content and Acceptable Use

At BCA, our focus is creating a positive and helpful experience for our users. We want BCA to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:

  • Violate any law or regulation.
  • Send unsolicited or unauthorized advertising or commercial communications, such as spam.
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
  • Use automated methods to use the Site or Services.
  • Stalk, harass, bully, intimidate, or harm another user.
  • Post unlawful, harmful, obscene, or pornographic content.
  • Impersonate someone.
  • Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
  • Use BCa to do anything unlawful, misleading, malicious, or discriminatory.
  • Post content you do not have the right to transmit.
  • Post content that infringes on trademarks or copyrights.
  • Post viruses or malicious scripts.
  • Post spam or link bait.
  • Attempt to circumvent any technological measure implemented by BCA or any of BCA’s providers or any other third party (including another user) to protect the Site or Services.
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

 

Rights Reserved

At its discretion, BCA may cancel accounts of users who violate the Terms of Service. BCA reserves the right to view Private Groups and Private Forum Posts ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. BCA reserves the ongoing right to view Selective Groups and Forums, Open Groups and Forums, and any groups and forums in the BCA group and forum directories to assess compliance with this Terms of Service. BCA reserves the right to remove objectionable content without notice. BCA can remove any content or information you post at BCA if we believe that it violates our Terms of Service.

BCA reserves the right to ban groups and users that do not comply with its Terms of Service as assessed in BCA’s sole discretion and interpretation of its Terms of Service. Users may not be notified when this occurs. Banned users may contact the BCA admin to request more information. Please comply with the rules in our Terms of Service.

While we have the right to monitor activity and content associated with BCA, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary, and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using BCA, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at BCA or endorse any opinions expressed at BCA. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

Due to storage limitations and expenses, BCA reserves the right to close and delete any user account that has not been logged in for a period of 12 months or more. BCA will notify any such users whose accounts it intends to delete, by email, if they have been inactive for greater than 11 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at BCA or how to download their content onto their personal computers. BCA will give one final notice at least 48 hours prior to deleting an account.

BCA reserves the right to transfer ownership and administration of or terminate an Open Group that has been abandoned by the group owner and its appointed group administrators. An Open Group is considered abandoned if the group owner and group administrators do not log into BCA for 6 months or more.

Who Our Services Are For

The use of BCA is for all persons age 16 and over who agree to these Terms of Service. BCA Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of BCA and not engaged in any activity with 3rd party sites. Persons age 16 and over may also connect to 3rd party sites in which they have accounts, such as BCA, etc., through BCA convenient “Social Networks” services. When connected to and engaged in 3rd party sites through BCA, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. BCA is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.

Privacy

Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your BCAaccount information, including your password. You are responsible for all activities that occur under your BCA account and you agree to notify BCA immediately of any unauthorized access or use of your BCA account. BCA is not responsible or liable for any damage or loss related to any unauthorized access or use of your BCA account. For more information on the importance and protection of your privacy at BCA, please see our Privacy Policy.

User Content Ownership

Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of BCA (“User Submissions”) are owned by the party contributing such content. As a user of BCA, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using BCA, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

BCA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through BCA is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact while using BCA.

Passwords

You are responsible for safeguarding the password that you use to access BCA for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. BCA cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Our Commitment To Data Security

BCA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BCA and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the BCA Service is never recommended. Once we receive your transmission of information, BCA makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If BCA learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. BCA may post a notice on the BCA Site or through the BCA Service if a security breach occurs.

BCA Content Data

When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. BCA uses your Content Data for the sole purpose of serving and providing you with the full experience of BCA. You control how we process your Content Data through Privacy & Sharing settings in your account at BCA. At any time you can edit/update, retrieve or delete your Content Data in your account.

BCA Log Data

When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through BCA. BCA uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.

Your Data Portability

At any time you can retrieve your entire Content Data package from BCA, using the “Personal Data Request” form. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.

Deleting Your Account – Right to Erasure

At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find form on the data request page by selecting “Personal Data Erasure.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data from our production servers as soon as is technically possible based on our infrastructure design (the more data you delete, the longer will the deletion process take). After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of BCA (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers.

BCA Invitations

You may also choose to use the BCA Send Invites Service. If you choose to use this service, the only information that is retained is the email address of the person you are inviting.

Notification of Requests for Account Information

BCA’s policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so under Canadian laws. Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.

Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All data is hosted in Canada. Law enforcement officials outside of Canadian jurisdiction need to go through Canadian law enforcement channels for any data requests.

BCA Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of BCA and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the BCA name or any of the BCA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding BCA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Indemnity

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless BCA, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of BCA; ii) unauthorized access to or alteration of your communications with or through BCA, or iii) any other matter relating to BCA. Any business transactions which may arise between users from their use of BCA are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

You expressly understand and agree that we 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 we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed CAD $10.00.

Ownership In and To The Site and Services

Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including text, media, and other content available on the Site and Services (“BCA Content”); and (b) BCA’s trademarks, logos, and brand elements (“Marks”).

Other Provisions

BCA is provided to people by WarmLand Productions., a company based in Duncan, British Columbia

Under no circumstances will BCA be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of BCA to enforce any right or provision of these Terms will not prevent BCA from enforcing such right or provision in the future.

BCA reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the provincial or federal courts located in Duncan, British Columbia. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Contact Information

hello@bcaquarists.ca

 

Effective: December 12, 2019