Website Terms of Use

1. Acceptance of Terms

By using or visiting the Skeena Salmon Data Centre or the Skeena Maps Portal websites (the “Websites”), you agree to these terms and conditions (the “Terms”).

The Skeena Knowledge Trust (the “Trust”) may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Websites after they are posted online.

2. The Websites

These Terms apply to all users of the Websites, including users who contribute content to the Website. The Websites may contain interactive areas designed to allow you to post content on the Websites and/or comment. The use of these features is additionally governed by the Code of Conduct.

The Skeena Salmon Data Centre is a comprehensive, central repository for credible information related to wild Pacific salmonids in the Skeena watershed, including data on salmon populations, habitat, water quality, hydrology, and climatology.

Spatial data on the Skeena Salmon Data Centre is also housed on the Skeena Maps Portal, which is an interactive mapping portal and repository for geospatial information related to Skeena River wild salmon. The portal includes geospatial data layers and complete maps on themes related to Skeena River wild salmon, such as watersheds, stream crossings, and roads.

The purpose of the Trust is to provide public education on the Skeena wild salmon populations, their genetic diversity, and their ocean and freshwater habitats in order to inform and enable the assessment and implementation of resource development proposals and government policy, including First Nations’ land-use plans, provincial land-use plans, and the federal Wild Salmon Policy. By accessing the Websites, you agree to use the Websites in accordance with the Terms herein and the purpose of the Trust.

3. User Accounts

To access some content and features of the Website, you may have to register for a user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify the Trust immediately of any breach of security or unauthorized use of your user account.

Although the Trust will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of the Trust or others due to such unauthorized use.

4.Ownership of Website Content

As between you and the Trust, the Trust owns or has been granted a licence to all intellectual property rights, including without limitation copyright and trademark rights, in all materials on or comprising the Websites (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Websites, but excluding User Content (defined below in Section 5(a)). The Trust grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Websites, subject to the following conditions:

• they must be used or reproduced accurately, without any modification;

• they must identify The Skeena Knowledge Trust as the source;

• they must be used solely for non-commercial purposes; and

• a copyright notice must appear on every copy in the following form:

“2017 © The Skeena Knowledge Trust and its licensor(s). All rights reserved”.

The Trust’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.

The Trust’s logos are trademarks of the Trust and may not be used without the express written permission of the Trust.

5. User Content; Privacy

You may be able to post or upload (in designated areas of the Website) written content or other content (collectively “User Content”) to the Websites.

You are solely responsible for your own User Content, the settings applied to the User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Websites, you automatically grant the Trust a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Websites for the purpose of sharing the User Content with users and visitors of the Websites and to promote the Websites. You represent and warrant that you own or have the rights to use and license to the Trust to use the User Content in the manner contemplated by the Websites and these Terms. User Content marked as “private” will be held in the Trust’s Private Data Centre and will not be viewable by the public.

By accessing and/or using the Websites, you may provide the Trust with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.

6. DISCLAIMER

YOUR USE OF THIS WEBSITES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITES AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE TRUST DOES NOT WARRANT THAT THE WEBSITES OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, THE TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE TRUST MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITES AT ANY TIME. THE TRUST MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

7. LIMITATION OF LIABILITY

THE TRUST , ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE TRUST, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE TRUST, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, LAWYER’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITES; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITES. IN SUCH A CASE, THE TRUST WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

9. Miscellaneous

You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Websites, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of British Columbia, Canada. The Websites are physically maintained and operated by the Trust from the Province of British Columbia.

You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

These Terms constitute the entire agreement between you and the Trust with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.

In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.

10. Code of Conduct

a. You may not use the Website for any illegal or unauthorized purpose. In addition to the laws of the Province of British Columbia, Canada, you also agree to comply with all local laws that apply to your use of the Websites.

b. You may not use the Websites in any manner which could disable, overburden, damage, or impair the Websites, the Trust’s servers or computer network, or interfere with any other party’s use and enjoyment of the Websites.

c. You agree that you are responsible for your own conduct and communications while using the Websites and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Websites, you will not:

• post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;

• impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;

• use the Websites in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);

• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Websites to collect information about other users or domain names;

• upload files that contain bugs, viruses, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or

• submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.

d. While the Trust prohibits such conduct and User Content in connection with the Websites, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Websites at your own risk.

e. the Trust reserves the right to monitor use of the Websites to determine compliance with these Terms. Although the Trust may not read, review, vet or otherwise assess User Content in advance of its posting, it reserves the right to remove any User Content and/or terminate your user account without notice for breach or for any other reason.