Terms of Service

This Agreement explains the terms and conditions governing your use of the service made available to you by WeLoveBC.ca, hereinafter called "WeLoveBC.ca" or or "We". It represents the whole agreement and understanding between WeLoveBC.ca and the individual, corporation or organization who uses the Service hereinafter called "User" or "Users" or "You" or "you". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. WeLoveBC.ca may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that WeLoveBC.ca believes is harmful to the operation of WeLoveBC.ca or the user of the Service by others or is harmful to any other party.

WeLoveBC.ca reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.WeLoveBC.ca/Terms. You are responsible to read this document from time to time to ensure that your user of the Service remains in compliance with this Agreement.

WeLoveBC.ca provides users with access to a photo sharing service hereinafter called "Service" or "Gallery". The Gallery is a software developed and owned by WeLoveBC.ca.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for WeLoveBC.ca to provide the Service. You understand and agree that the Service is provided "AS-IS" and that WeLoveBC.ca assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of British Columbia, of Canada or other jurisdictions. You also 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 WeLoveBC.ca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WeLoveBC.ca 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).

WeLoveBC.ca is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your user of the Service you consent to the collection, use and disclosure of this information, including the transfer and use by WeLoveBC.ca and its affiliates in order to provide the Service to you.

When you apply to use WeLoveBC.ca services, you will be asked to select a username and password. The username and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the username and password you select from any unauthorized use. IN NO EVENT WILL WELOVEBC.CA BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USERNAME OR PASSWORD.

You understand that all materials, including without limitation, information, data, text, photographs, graphics and other kinds of messages ("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 WeLoveBC.ca, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. WeLoveBC.ca does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WeLoveBC.ca 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 or reliance upon any Content uploaded, posted, transmitted, or otherwise made available via the Service.

You acknowledge and expressly consent to WeLoveBC.ca accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WeLoveBC.ca, its users and the public.

Your use of the Service must be in compliance with the laws of British Columbia, laws of Canada and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any WeLoveBC.ca service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Accounts (or pages contained therein).

WeLoveBC.ca does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant WeLoveBC.ca 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 of WeLoveBC.ca, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purpose of providing and promoting the Service to which Content was submitted or made available.

You acknowledge WeLoveBC.ca and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.

WeLoveBC.ca reserves the right and sole discretion to:

• Censor any Content hosted on its servers that is deemed inappropriate;
• Terminate any account if the contents of account results in, or are the subject of, legal action or threatened legal action, against WeLoveBC.ca or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by WeLoveBC.ca or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. WeLoveBC.ca makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. WeLoveBC.ca is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by WeLoveBC.ca.

For greater certainty and without limitation to the generality of the following:

• in no event will WeLoveBC.ca be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
• WeLoveBC.ca, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
• in no event shall WeLoveBC.ca be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

You agree to indemnify and hold WeLoveBC.ca harmless from and against, and to reimburse WeLoveBC.ca with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by WeLoveBC.ca by reason of or arising out of or in connection with:

• any breach of this Agreement by you or;
• any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
• illegal, pornographic, or discriminatory content on your website.

WeLoveBC.ca will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

WeLoveBC.ca does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

These Terms and Conditions, as may be updated from time to time and posted at, http://www.WeLoveBC.ca/Terms, represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.

The Contest Terms and Conditions can be found at http://www.WeLoveBC.ca/ContestTerms.