List of active policies
Name | Type | User consent |
---|---|---|
DGC BC Training Site Terms of Use | Other policy | All users |
Privacy Policy | Other policy | All users |
Summary
These are the terms and conditions to which you as a logged in user must agree in order to use the site.
Full policy
These terms of use, together with the documents and policies incorporated by reference herein, sets forth a legally binding agreement between you and the Directors Guild of Canada, British Columbia District Council (“DGC BC”) (the “Agreement”).
By accessing the Website, the Platform or the Products and Services, you acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws and regulations with regard to your access to and use of the Platform and the Products and Services.
You represent that you have legal authority to bind yourself
or any party you represent to this Agreement.
I.
Definitions
a)
"DGC BC" means
Directors Guild of Canada, British Columbia District Council, an association
validly subsisting under the laws of the Province of British Columbia.
b)
"Claims" means any and all manner of claims, demands, actions,
suits or proceedings, including, without limitation all rights with respect to
any and all Losses.
c)
"Losses" means any and all manner of losses, damages,
penalties, fines, costs and expenses, including legal costs on solicitor and
own client basis, known or unknown, foreseeable or not foreseeable, liquidated
or unliquidated.
d)
“Platform” means the online learning management systems, online
store and searchable course completion database available through the Website.
e) "Products and Services" means any and all courses, tests, surveys, policies, procedures, forms, assessments or other materials accessed by and delivered through the Platform and used for the purpose of providing or testing knowledge and gathering information, including all data and reports of your participation in and completion of or failure to complete any of the courses, tests or assessments all of which may be made available to the DGC BC Staff, DGC BC Instructors, and DGC BC Executive Board without restriction.
f) “Website” means the website available at https://training.dgcbc.com and all of its related webpages and websites (including, without limitation any mobile optimized websites), but does not include any third-party websites which are linked to or may link from the website whether or not such third party websites are used in association with the Platform or Products and Services.
g) “Users” means students, DGC BC members, non-DGC BC members, customers, vendors, and other Website and Platform users (“Users”).
II. Price for Products and Services
You agree to pay all applicable fees to access the Platform and Products and Services. when due. You acknowledge that the failure to pay your fees may result in the suspension of your access to the Platform and Products and Services without notice.
III. Collection of Data/Information
DGC BC's privacy policy explains how the DGC BC collects,
uses and discloses information relating to your access to and use of the
Website, Platform and Products and Services (the "Privacy Policy"). The Privacy Policy is incorporated into and forms
part of this Agreement. By using the Website, the Platform or the Products and
Services, you acknowledge and agree that you have read and understand the
Privacy Policy.
IV. Access to and use of the Platform and the Products and Services
a) User access to this Website, Platform and Products and Services is for the duration of the User enrollment in a given course. The DGC BC reserves the right to terminate User accounts and all associated data on the Website and Platform at any time for user management purposes.
b) DGC BC provides various materials, information, quizzes, tests, questions, articles, videos, news and other information on this and related sites and in courses offered through this Website, Platform and Products and Services (the “Materials”).
c) DGC BC authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.
d) Users may not modify the Materials at this Website, Platform and Products and Services in any way or reproduce, share or distribute them.
e) Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity.
f) Any breach of these
Terms of Use automatically terminates your authorized use of the Website,
Platform and Products and Services.
V. Prohibited Use
a) You shall not access or use the Website, Platform or Products and Services for any illegal or unauthorized purpose, and you shall obey all applicable laws in connection with your use of the Website, Platform or the Products and Services.
b) You shall not access or use the Website, Platform or Products and Services in any manner which could potentially damage, disable, overburden, or impair the Website, Platform or Products and Services or interfere with any other party's access to, or use of, the Website, Platform or Products and Services.
c) You shall not obtain or attempt to obtain any materials or information through the Website, Platform or the Products and Services that DGC BC has not intentionally made accessible or reverse engineer, decompile, disassemble or prepare derivative works from the Website, Platform or Products and Services.
d) You shall not modify, adapt or hack the Website, Platform or Products and Services or use the Website, Platform or Products and Services to in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb or other programming routines that determinately interfere with, damage, surreptitiously intercept or mine, scrape or expropriate any system, data or confidential or personal information.
e) You shall not create or modify any other website so as to represent or imply that it is associated with DGC BC, the Website, the Platform or the Products and Services in any way.
f) You shall not sell, rent or otherwise commercially exploit the Website, Platform or Products and Services.
If you violate any of these obligations DGC BC may suspend your access or terminate your account. DGC BC reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law; to disclose any information as may be necessary to satisfy any applicable law, regulation, order, legal process or governmental request; to modify or terminate the Products and Services for any reason and without notice at any time.
VI. Intellectual Property
The names, slogans, logos, trademarks, service marks, domain names appearing on the Website, Platform or Products and Services and designations and the arrangement and look and feel of the Website, Platform and Products and Services (collectively, the "IP") are the property of the DGC BC or its licensors and service providers.
You acknowledge having been advised by DGC BC that the IP is protected in Canada and internationally by applicable law including, but not limited to copyright laws, trademark laws, treaty provisions and other intellectual property, confidential information and proprietary rights laws and agree that you shall not reproduce or otherwise infringe upon the rights of DGC BC or its licensors and service providers in the IP.
Any and all suggestions, ideas, notes, concepts, feedback or
other information you provide to the DGC BC (collectively, the “Feedback”) are
deemed to be the property of the DGC BC and the DGC BC will own all now known
or hereafter existing copyrights and all other intellectual property rights to
the Feedback of every kind and make, worldwide and in perpetuity, and you
assign all such intellectual property rights to the DGC BC. You agree, at the
DGC BC’s request, to execute such further documents and do such further acts as
may be necessary or desirable to document or enforce the DGC BC’s ownership of
the Feedback, including, without limitation, execution of a copyright
assignment in a form provided by the DGC BC, in its sole discretion. If you
fail or refuse to execute any such documents, you hereby appoint DGC BC as your
attorney in fact, which appointment is coupled with an interest and is
irrevocable, to act on your behalf and to execute, deliver, record and file any
such documents as may be necessary or desirable.
VII. Accuracy and User Authentication
You are responsible for ensuring that all information
entered by you in your access to and use of the Website, Platform or Products
and Services is accurate and complete. Where you have been provided with a
username and password to access certain portions of the Website, Platform or
Products and Services you shall not provide your username and password to any
other parties and acknowledge and agree that you are responsible for keeping
your username, passwords and other access and security codes secure and
confidential.
VIII. Representations and Warranties
THE WEBSITE, PLATFORM OR PRODUCTS AND SERVICES ARE MADE
AVAILABLE ON AN "AS-IS", "AS AVAILABLE" AND "WITH ALL
FAULTS" BASIS.
DGC BC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DGC BC DOES NOT WARRANT THAT THE WEBSITE, PLATFORM OR
PRODUCTS AND SERVICES ARE:
a)
SUITABLE FOR OR WILL MEET YOUR
REQUIREMENTS, OR
b)
FREE OF DEFECTS, MALICIOUS
CODE, VIRUSES OR MALWARE;
DGC BC DOES NOT WARRANT THAT THE WEBSITE, PLATFORM OR
PRODUCTS AND SERVICES WILL BE:
a)
FREE FROM INTERRUPTION; OR
b)
ERROR-FREE.
DGC BC DOES NOT WARRANT THAT DEFECTS IN THE WEBSITE,
PLATFORM OR PRODUCTS AND SERVICES WILL BE CORRECTED.
IX. Exclusion of Liability
DGC BC IS NOT RESPONSIBLE FOR YOUR USE OF THE WEBSITE,
PLATFORM OR PRODUCTS AND SERVICES AND YOU ACCEPT THAT YOUR ACCESS TO AND USE OF
THE WEBSITE, PLATFORM OR PRODUCTS AND SERVICES SHALL BE AT YOUR SOLE RISK AND
EXPENSE.
DGC BC, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES
AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OF ANY KIND WHATSOEVER REGARDLESS
OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY
OR OTHER) INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL, SPECIAL, EXEMPLARY
DAMAGES, ARISING IN CONNECTION WITH YOUR ACCESS TO AND USE OF OR INABILITY TO
ACCESS OR USE THE WEBSITE, PLATFORM OR PRODUCTS AND SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
HOWEVER, IF WE ARE FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY
LOSSES YOU MAY HAVE SUFFERED ARISING IN CONNECTION WITH YOUR ACCESS TO AND USE
OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, PLATFORM OR PRODUCTS AND
SERVICES, THEN OUR LIABILITY TO YOU SHALL BE NO MORE THAN FIFTY DOLLARS
($50.00) CANADIAN.
X. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DGC BC AND ITS
DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND AFFILIATES HARMLESS
FROM AND AGAINST ALL LOSSES, CLAIMS AND LIABILITIES, OF WHATEVER NATURE THAT
MAY BE BROUGHT AGAINST DGC BC, ARISING FROM
YOUR ACCESS TO AND USE OF THE WEBSITE, PLATFORM OR PRODUCTS AND
SERVICES, VIOLATION OF ANY TERM OF THIS AGREEMENT, OR ANY CLAIM ASSERTED BY A
THIRD PARTY.
DGC BC reserves the right, at its own expense, to assume
exclusive defence and control of any matter subject to indemnification by you.
You agree to provide all assistance as DGC BC may reasonably request in defence
of any Claim.
XI. Termination
DGC BC may terminate this Agreement and your rights under
it, without notice to you, at any time and for any reason, including but not
limited to failure for any fees owing in respect of your access to the Platform
or Services or any breach of the terms of this Agreement.
XII. General Terms
a)
Changes to this Agreement
DGC BC may, acting in its sole discretion and without notice to you, change the terms of this Agreement, including the Privacy Policy, from time to time (the "Changes"). You agree to review this Agreement, including the Privacy Policy, periodically to ensure you are familiar with the current version in force, and your continued access to and use of the Website, Platform or Products and Services constitutes your acceptance of the Changes.
b)
Contact Us
If you have any questions about this Agreement, please email us at training@dgcbc.com.
c)
Survival
Paragraphs I, III, IV, V, VI, VII, VIII, IX, X and XI(c), XI(d), and XI(e) of this Agreement shall survive in full force and effect notwithstanding any termination or expiry of this Agreement.
d)
Publicity
You may not use any names, logos or trademarks of DGC BC or its third party licensors or service providers in any material, written or electronic, distributed to a third party without the prior written consent of DGC BC or, where applicable, the third party licensor or service provider.
e)
Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed exclusively in accordance with the laws of Canada, the Province of British Columbia without regard to principles of conflicts of law that would impose the law of another jurisdiction.
The parties hereby irrevocably and unconditionally accept and submit to the exclusive jurisdiction of the courts of the Province of British Columbia situated in the city of Vancouver and waive objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.
Summary
The privacy policy describes how information about you will be collected and stored, and whether it will be shared.