Terms of Use Agreement

Read this Terms of Use Agreement before accessing this web site. This is a legally binding agreement between you (the “Member” or “you”) and Kilby Historic Site, a British Columbia, Canada non-profit (“Kilby Historic Site “, “Kilby” or “we”).

Effective Date: This Terms of Use Agreement was last updated on October 1, 2009.

This Terms of Use Agreement sets forth the standards of use of the www.kilby.ca– Online Services. By using the www.kilby.ca web site you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.kilby.ca web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Kilby Historic Site is providing Member with an online resource for uploading, hosting and sharing files. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The www.kilby.ca site is provided by Kilby Historic Site on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kilby Historic Site makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Kilby Historic Site shall have no liability for any interruptions in the use of this web site. Kilby Historic Site disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may be inapplicable.

Limitation of Liability

Kilby Historic Site SHALL NOT be liable for any damages whatsoever, and in particular Kilby Historic Site shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kilby Historic Site has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Kilby Historic Site, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Kilby Historic Site reserves the right to modify or discontinue the Service with or without notice to the Member. Kilby Historic Site shall not be liable to Member or any third party should Kilby Historic Site exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Kilby Historic Site does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Information Provided by Users

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or otherwise make available via the Service. You understand that Kilby Historic Site does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You acknowledge that Kilby Historic Site does not pre-screen or approve Content, but that Kilby Historic Site shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree not to use the Service to transmit any Content that contains pornography, infringes upon a copyright, or violates applicable state, federal, or international laws, regulations or other government requirements.

Kilby Historic Site can make no representations or warranties as to the accuracy or reliability of any information provided on this web site. Kilby Historic Site makes no warranties or representations whatsoever with regard to any product provided or offered by any user who posts content on the web site, and you acknowledge that any reliance on representations and warranties provided by any user shall be at your own risk.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Kilby Historic Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Kilby Historic Site is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Kilby Historic Site, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Governing Jurisdiction of the Courts

Our web site is operated and provided in the Province of British Columbia, Canada. As such, we are subject to the laws of the Province of British Columbia, Canada, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Province of British Columbia, Canada.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright 2009 Kilby Historic Site, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kilby Historic Site is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kilby Historic Site.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kilby Historic Site designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Email (Recommended for Fastest Response):
info@kilby.ca

By Mail:
Kilby Historic Site
Attn: Intellectual Property
215 Kilby Road
Harrison Mills, B.C. V0M 1L0

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kilby Historic Site, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Copyright 2003-2014 Kilby Historic Site. All Rights Reserved.