1.2. Any reference in these Terms to:
1.3. You acknowledge and accept that the VDFHS reserves the right, at our sole discretion, to revise, modify or replace these Terms at any time without notice. We encourage you to please, refer to the Terms periodically for the latest version. You are bound by such revisions by continuing to use or visit the Site after they are posted online.
2.1. The Site was/is created, uploaded and maintained by one of our members as a volunteer, as such, the contents here-in are provided as a convenience to you. The contents of the Site are provided on an "as is" and "as available" basis. The VDFHS does not warrant that the Site will be uninterrupted or error-free. The VDFHS reserves the right to revise the Site or any part there-of or withdraw access to it, at any time, without notice.
2.3. The Site may contain interactive areas designed to allow you to post content on the Site and/or comment, including but, not limited to, posting or commenting on our Facebook Account and Twitter Account or any similar social media platform. The use of these features is additionally governed by the Code of Conduct. Additionaly, the use of the Facebook Account and Twitter Account or any similiar social media platform is governed by their respective Terms, Polices, Conditions and Services.
2.5. The Site includes links to websites on the Internet that are owned or operated by third parties. It is the responsibility of the said third parties to ensure the accuracy of the said link(s) and/or logo image. By following the links to such third-party website, you shall review and agree to that website's "rules of use" before using such website. You also agree that the VDFHS has no control over the content of that website and cannot assume any responsibility for material created or published by such third-party website. In addition, a link to a third-party website or non-website, does not imply that the VDFHS endorses the website or the products or services referenced in such third party website.
2.6. If submitting material to the Site, for example, by E-mail, Text, Twitter, Facebook or any form of a Messaging System, you agree to be governed by the Code of Conduct and that;
2.7. You are responsible for using Your own virus protection and security software when using the Site and lawfully installing any necessary software on and otherwise configuring Your computer or other personal device so as to access, view content on and interact with the Site. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or to Your downloading of any material posted on it, or on any website linked to it.
3.1. The contents of the Site belong to and are copyright of the VDFHS, except what is supplied by third parties. Any and all rights not expressly granted here-in are reserved.
3.2. As between you and the VDFHS, the VDFHS owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Site (Content), including, without limitation, all written, audio visual or other materials and graphical elements on the Site, but excluding "User Content" [defined below (Section 4)]. The VDFHS grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Site, subject to the following conditions:
3.3. The VDFHS's express, prior, written permission is required for any "Content" that is not included in the license above (see Section 3, Item 3.2), such as any graphical elements or website code, and/or for the use of "Content" for any purpose not expressly permitted above.
3.4. The use of the Site and the content there-in, is permitted for private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if, the source for the information has been stated (see Section 3, Item 3.2.a.).
3.5. The VDFHS consents to you browsing the Site on your computer, mobile device or printing copies of extracts from this Site for your personal use only, not for reproduction or redistribution to the public unless, consented to by the VDFHS. Individual documents on the Site may be subject to additional terms indicated in those documents.
3.6. The Site applies use of some third party content with autherized permission. You must obtain your own permission from such third party to reproduce their content.
4.1. You may be able to post or upload (in designated areas of the Site) written content or other content (collectively "User Content") to the Site. You are solely responsible for your own "User Content" and the consequences of posting or publishing it. By uploading or posting "User Content" to the Site, you automatically grant the VDFHS a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such "User Content" on the Site for the purpose of sharing the "User Content" with users and visitors of the Site and to promote the Site. You represent and warrant that you own or have the rights to use and license the VDFHS to use the "User Content" in the manner contemplated by the Site and these Terms.
5.1. Your use of this Site is entirely at your own risk. The Site and content is provided "as is" and without warranties or conditions of any kind, either expressed or implied. The VDFHS does not warrant that the Site or content contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
5.2. Without limiting the foregoing, the VDFHS 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 VDFHS may make changes or improvements to the content or the website at any time. The VDFHS 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.
6.1. THE VDFHS, IT MEMBERS, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND VOLUNTEERS 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:
6.2. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE VDFHS 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.
6.3. YOU SPECIFICALLY ACKNOWLEDGE THAT THE VDFHS, ITS MEMBERS, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND VOLUNTEERS 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.
7.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VDFHS, ITS MEMBERS, ITS EMPLOYEES, AGENTS, OFFICERS , DIRECTORS AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM:
7.2. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE. IN SUCH A CASE, THE VDFHS WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
8.1. 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 Site, 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.
8.2. 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 Site is physically stored by Mecca Internet Solutions/Mecca eHosting.ca on web servers located in Vancouver, British Columbia, Canada and as such, are under the jurisdiction of said city, province and country however, the Site is uploaded and maintained from Vernon, British Columbia, Canada by one of our volunteers.
8.3. 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.
8.4. These Terms constitute the entire agreement between you and the VDFHS 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.
9.1. You may not use the Site 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 your own local laws that apply to your use of the Site.
9.2. You may not use the Site in any manner which could disable, overburden, damage, or impair the Site, eHosting.ca servers or computer network, or interfere with any other party's use and enjoyment of the Site.
9.3. You agree that you are responsible for your own conduct and communications while using the Site and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Site, you will not:
9.4. While the VDFHS prohibits such conduct and "User Content" in connection with the Site, you understand and agree that nonetheless you may be exposed to such conduct or "User Content" and that you use the Site at your own risk.
9.5. The VDFHS reserves the right to monitor use of this Site to determine compliance with these Terms. Although the VDFHS may or may not read, review, vet or otherwise assess "User Content" in advance of its posting, the VDFHS reserves the right to remove any "User Content" without notice for breach of these terms or for any other reason.
10.2. The content contained in the "Members-Only Area" is provided for the purposes of VDFHS MEMBERS ONLY. The "Members-Only Area" may contain learning resources of a genealogical nature that are presented for research purposes for use by VDFHS MEMBERS ONLY and are subject to that resources Terms and Conditions & Privacy Statement.
10.3. The VDFHS has the right to and may use that right to withdraw access to the "Members-Only Area", at any time, without prior notice. The VDFHS may, without prior notice, append the credientials to allow access to the "Members-Only Area" at any time.
10.5. Members are granted the right to download, store and/or print copies of items comprising the "Content" with use of their VDFHS Membership, provided that they maintain all copyright and other notices contained in such "Content". Members must also abide by any additional requirements governing the use of any specific "Content" that may be set out in the "Members-Only Area". In the event of a conflict between the terms of a specific license governing specific "Content" and this "Agreement", the terms of the specific license shall govern.
10.6. The providing of, and or sharing of, the login credentials, namley "User Name" and "Password", of the "Members-Only Area", by any VDFHS Member(s) to any non-member(s), is strictly prohibited and may result in the suspension of said membership.
1.1. We may collect personal information when you:
2.1. We may offer you the opportunity to participate in one of our surveys, contests, calls for public comment, events or activities. We may collect information that identifies you (such as your name, contact information and any information you include in a call for public comment or related materials) to administer your participation in the survey, contest, call for public comment, event or activity including any some such from our Facebook Account or Twitter Accounts or any such similar social media platform. We may also use your contact information to send you information in connection with these activities via e-mail. You may opt out of receiving these e-mails by contacting us.
3.1. When you contact any of our Board of Directors, Committee Chair Persons or Appointed Position Persons, or otherwise contact us or one of our members, employees, agents, officers, directors or volunteers for support, or with a comment, question or complaint, you may be asked for information that identifies you (such as your name and contact information), along with additional information we need to help us provide support, answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future, and to improve our customer service.
4.1. We will not disclose, trade, rent, sell or otherwise transfer your personal information, to any third party other than as set out in this policy.
5.1. The VDFHS may provide your personal information in response to a search warrant or other legally valid inquiry or order, or as otherwise required by applicable law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims.
6.1. When you visit our Site, the "host web server" and/or our Site may log any associated information relating to the requests made by your web browser, including but, not limited to, your IP address, the referring website, login and password information.
6.2. Our Site and/or our hosting service, eHosting.ca, may use session cookies to ensure a smooth and convenient site visit. A cookie is a tiny element of data that they or our Site can send to your Web browser, which may then be stored on your computer or mobile device. You may set your Web browser to notify you when you receive a cookie and allow you to disable them. However, if you decide not to accept cookies from them or the Site, you may not be able to take advantage of all of the features of our Site. They may also use a third party to help us gather and analyze information about the areas that you visit on the Site, to evaluate and improve the customer experience and the convenience of the Site and to help us evaluate some of the specific information related to your Site visits.
6.3. Third Party Information About Cookies:
7.1. We have implemented measures designed to protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. These safeguards include firewalls and antivirus protection on the host web servers and computers in our possession that store such information.
8.1 You may request access, updating and correcting of inaccuracies to the personal information we have in our custody or control by e-mailing or writing to us at the contact information set out below, in the regular course of business.
8.2 At the time of your request, we may need further information from you to verify your identity, before we can provide you with the personal information we hold.
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