ubcarts.ca Terms of Use

Terms of Use – Last Updated May 25, 2018

 

 

What are the Terms of Use?

The Terms of Use are a contract between you and UBC that governs:

 

  • how you may access and use the Service;
  • your responsibilities with respect to the Content you (or your designate) contribute to the Service; and
  • the permitted uses of your personal information and Content by UBC.

 

Please read the Terms of Use carefully.

 

Introduction

 

(a)          “Site” means the the ubcarts.ca site, and all invidual sites on the ubcarts.ca system of the form, http://[cwl].ubcarts.ca or http://[chosenusername.ubcarts.me] where [cwl] is the user’s CWL login name and [chosenusername] is the user’s choice of a name for the first element of the ubcarts.me URL.

 

(b)         “Service” means, collectively, all aspects of the ubcarts.ca service within the Site.

 

(c)          “Content” means the content you may view on, access through, enter or otherwise contribute to the Service, and includes text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, software, scripts, and other materials included in the videos or otherwise associated with the videos within the Service. For certainty, to “contribute Content” means to upload, input or otherwise contribute Content to the Service.

 

Your Acceptance of the Terms of Use

 

(a)        By accessing the Service you agree to these Terms of Use. These Terms of Use supplement UBC’s policies, rules and requirements. Please take particular note of:

 

  • Policy #104, Acceptable Use and Security of UBC Electronic Information and Systems http://universitycounsel.ubc.ca/files/2013/06/policy104.pdf;

 

  • UBC’s Copyright Requirements for UBC Faculty and Staff http://copyright.ubc.ca/requirements/copyright-requirements/;

 

  • UBC’s Fair Dealing Requirements for Faculty and Staff http://copyright.ubc.ca/requirements/fair-dealing/; and

 

  • UBC’s Copyright Guidelines for UBC Faculty, Staff and Students. http://copyright.ubc.ca/requirements/copyright-guidelines/.

 

(b)          These Terms of Use apply to all users of the Service. If you are accessing the Service through the Connect website, the term of use of the Connect website are superceded by these Terms of Use.

 

(c)          If you do not agree to these Terms of Use you must not log in, access, browse or otherwise use the Service. If you have questions or concerns, please contact arts.helpdesk@ubc.ca.

 

(d)          UBC or the Faculty of Arts may, in its sole discretion, modify these Terms of Use at any time. Any modifications will be effective upon them being posted to the Service. Your continued use of the Service following the posting of the modifications constitutes acceptance of such modifications. You should periodically review the most up-to-date version of these Terms of Use.

 

Your Account

 

(a)           In order to access the Service, you must have a current Service authentication account issued to you by UBC (the “Account”).

 

(b)           You must not visit or use the Service utilizing another person’s Account.

 

(c)           You are responsible for the activity that occurs on the Service through your Account. Protect your Account by using a strong password and keeping it secret.

 

Access and Use of the Service and Content

 

(a)          You retain your rights in the Content you contribute to the Service. The service allows users to make content they create or provide public. Users are responsible for the decision to make Content public and their action to Publish their content constitutes an agreement to make such Content public.

 

(b)          Use of the Service and Your Content by Visitors. Visitors to the Service may access and use the Service and Content strictly for non-commercial purposes, unless, in respect of particular Content, the owner of that Content expressly establishes different use restrictions (which may be broader or more restrictive).

 

(c)          Deletion of your Content from the Service. You may designate any of your Content for deletion from the Service. Also, UBC may delete content, or remove access permission from Content, without notifying you (e.g., for legal, policy or administrative reasons). Upon the processing of any such deletion request by the Service, UBC may, in its sole discretion, permanently delete the Content or store the Content in UBC’s archives (which may be within the Service or elsewhere) and thereafter convert the Content into any medium or format for the purposes of security, backup, and preservation and make the archived Content available to UBC employees for purposes consistent with the administration of the Service.

 

 

Privacy

 

(a)        UBC collects personal information from you for the purpose of administering your ubcarts.ca account. UBC collects this personal information under the authority of section 26(c) of the British Columbia Freedom of Information and Protection of Privacy Act (FIPPA), and uses it for consistent purposes. Questions about the collection of this personal information may be directed to arts.helpdesk@ubc.ca.

 

(b)         Personal information about you or other individuals may also be contained in the Content you upload to the Service, including but not limited to audiovisual recordings of identifiable individuals. UBC is not collecting this information from you, and this information remains exclusively in your custody and under your control. Before uploading Content on the Service, you confirm that any individuals whose personal information is contained in this Content have consented to the disclosure of their information on the Service. You understand that failure to secure such consent may constitute a violation of the British Columbia Privacy Act or other relevant laws.

 

General Conditions of Use

 

(a)        Without limiting the foregoing and the prohibited uses set out in UBC Policy #104, the following are not permitted:

 

(i)      commercial advertising or promotions placed on or within the Service, a Site or Content (unless you have received prior permission from the administrator of the Site in which it is to appear), including using the communication systems provided by the Service (e.g., comments, email) for any such purposes;

 

(ii)    using any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to harvest or scrape information from the Service or any part(s) thereof, or to send more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or

 

(iii)    in any way intentionally placing an undue burden on the technical systems or networks connected to the Service.

 

(b)         Any contact from another user or receipt of any message that makes you feel uncomfortable should be reported to the Office of the Ombudsperson for Students.

 

(c)          UBC may remove any Content or suspend your Account, or access to the Service using your Account, if it learns or is credibly notified (as determined by UBC) that such Content or your conduct is in violation of these Terms of Use.

 

Liability and Indemnity

 

(a)          You are responsible for the Content you contribute to the Service. For clarity, when a designate (usually an administrative assistant or teaching assistant) contributes Content on behalf of a faculty or staff member, it is the faculty member or staff member, not the designate performing the task of uploading or inputting who is responsible for the Content, who must ensure that the Content complies with these Terms of Use, and who must ensure that the license terms governing the use of the Content are appropriate.

 

(b)          The Service and the Content is provided to you AS IS. You understand that UBC does not endorse any Content submitted to the Service by any user, or any opinion, recommendation, or advice expressed therein, and UBC expressly disclaims any and all liability in connection with Content, including without limitation all direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Service or any Content, or in reliance on the Service or the Content.

 

(c)          In addition, the Service may contain links to third party websites. UBC has no control over, and assumes no responsibility for, the content, privacy pol icies, or practices of any third party websites.

 

(d)          You agree to indemnify and hold harmless UBC, its Board of Governors, agents, contractors, licensors, and licensees against any all claims arising from or in any way relating to your use of the Service including, without limitation, the Content you contribute to the Service.

 

Trademarks

 

Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of the UBC or other entities. The display of any such marks or names on the Site does not imply that UBC or other entities have granted a license or authorization of any kind to use such marks or names.  You may not use any of UBC’s trademarks, service marks or trade names without UBC’s prior written permission.

 

Choice of Law

 

The laws of the Province of British Columbia and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this document, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of British Columbia in any action or proceeding instituted under or related to your use of the Service.