Terms of Use - Web Services

Last updated: June 10, 2016

Knowledge-West Communications Corporation (“KWCC”) provides its digital services, including the bbckids.ca website (the “Web Services”), as electronic resources with information about our organization and its programs, and as fun and entertaining services for our viewing audience. Access to and use of the Web Services is provided subject to these Terms of Use.

Your Acceptance of These Terms and Conditions

These Terms of Use represent an agreement between you and KWCC. Your use of any portion of the Web Services constitutes your agreement to the terms and conditions set out below. If you do not accept the terms and conditions stated here, do not use the Web Services.

KWCC reserves the right to change the terms and conditions under which the Web Services are offered at any time, without notice. These Terms of Use may be subject to change, addition or deletion at any time. You are responsible for regularly reviewing these Terms of Use. By using the Web Services you are agreeing to be bound by the then-current version of these Terms of Use.

Use of Web Services by Children

Our Web Services include children’s content that family members of all ages can enjoy. However not all content may be appropriate for children, and parents and guardians are advised to exercise supervision over their children’s use of our Web Services. If you do not agree to these Terms of Use, do not let your child use the Web Services.

Our Trademarks

KNOWLEDGE-WEST COMMUNICATIONS CORPORATION and BBC KIDS are trademarks and official marks owned by Knowledge-West Communications Corporation and The British Broadcasting Corporation, respectively. Other trademarks, trade names, logos and designs reference or appearing in the Web Services are proprietary to Knowledge-West Communications Corporation or The British Broadcasting Corporation or other entities. Any use of the trade names, trademarks, service marks and logos displayed in the Web Services (collectively “Marks”) is strictly prohibited. Nothing appearing in the Web Services or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

Our Ownership of the Web Services and its Content

All content published on or otherwise accessible through the Web Services (“Content”) including, without limitation, text, graphics, articles, photographs, images, illustrations, audio recordings, videos, software, etc. is protected by copyright and belongs to KWCC or third parties acting as content providers. Unauthorized use of any Content may violate copyright, trade-mark and other laws. All rights not expressly granted herein are reserved.

Restrictions on Use

Permission is granted to temporarily download one copy of the Content on the Web Services for personal, non-commercial transitory viewing only. You may not use the Web Services for any other purpose or in any other way. This is a grant of a licence, not a transfer of title, and under this licence you may not:

  • copy, reproduce, modify or create derivative works from the Content except as specifically provided above or except as expressly authorized in the Web Services;
  • use the Content for any commercial purpose, or for any public display (whether commercial or non-commercial);
  • upload, post, transmit, index, catalogue, mirror, publish or distribute the Content in any way, in whole or in part;
  • attempt to decompile or reverse engineer any software contained in the Web Services; or
  • remove any copyright or other proprietary notations from the Content.

No licence is given for republication, distribution, performance, display, translation, retransmission, broadcast, sublicense, or any use other than non-commercial personal use. You must access all Content manually by request and not by machine-automated means. You may not use any Content for any unlawful purpose.

You may not copy or adapt the HTML that KWCC creates to generate its pages. It is also protected by KWCC’s copyright.
All Content and services contained or provided in the Web Services are offered for your personal use for non-commercial purposes. It is prohibited to use anything contained in the Web Services for commercial or advertising purposes.

This license will automatically terminate if you violate any of these restrictions and may be terminated by KWCC at any time. On terminating your viewing of these materials or the termination of this license, you must destroy all Content obtained from the Web Services and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

Consent to Use of Data

You agree that KWCC may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support or any other services to you (if any) related to the Web Services. KWCC may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Notice of Disclaimer

The Web Services provide information, resources and links about KWCC services and about a variety of topics which may be of interest to you. They are provided for information only and should not be interpreted as a recommendation for a specific course of action. Users are cautioned not to act on any information provided without seeking advice specific to their circumstances from a qualified professional.
The content on the Web Services is provided “as is”, “as available” and without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, KWCC expressly disclaims all warranties and conditions, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement of intellectual property or other violation of rights. KWCC makes no representations or warranties regarding the use, accuracy, completeness, timeliness, applicability, performance, security, safety from any software virus or other harmful component, availability or reliability of the Web Services or any sites linked to the Web Services, or the results from the use of the Web Services or any sites linked to by the Web Services, or otherwise respecting, the content on the Web Services or any sites linked to the Web Services. KWCC does not warrant that the function of the Web Services or its contents will be uninterrupted or error free. KWCC will not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on the Web Services or any third party site. Your use of the Web Services is at your own risk.

Contests

KWCC may, from time to time, run contests through the Web Services, alone or jointly with third party sponsors. All such contests will be governed by their respective contest rules. Prior to entering into a contest, you should read, understand and agree to the terms and conditions set out in the applicable contest rules.

Links to Third Party Sites

The Web Services may contain, and other users or third parties may provide, information on or links to other World Wide Web sites or resources. These sites and resources are not controlled by KWCC, and the mere existence of the link on the Web Services does not imply an endorsement or sponsorship by KWCC. External Web sites and resources are not subject to these Terms of Use or the KWCC Web Services or Privacy Policy, and may be subject to other terms and conditions or policies posted therein. We encourage you to be aware when you leave the Web Services and to read the terms and conditions and privacy policy of each other website you visit.
Because KWCC has no control over such sites and resources, you acknowledge and agree that KWCC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or the privacy policies and practices at any such sites. You further acknowledge and agree that KWCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk. You expressly release KWCC from any and all liability arising from your use of any third party website.

No Linking, Framing, Mirroring, Scraping or Data Mining

Links to the Web Services without the express permission of KWCC are strictly prohibited. To request permission to link to any Web Service, please contact KWCC (mail to: info@bbckids.ca). The framing, mirroring, scraping or data mining of the Web Services or any Content in any form and by any method is strictly prohibited.

No Endorsement

Description of, or reference to, third party companies, products or publications in the Web Services is for informational purposes only and constitutes neither an endorsement or recommendation.

No Unlawful or Prohibited Use

As a condition of your use of the Web Services, you warrant to KWCC that you will not use the Web Services for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to disturb the normal operation of the Web Services, and not to infringe the integrity of the Web Services by hacking, altering the information contained in the Web Services or otherwise. You may not use the Web Services in any manner which could damage, disable, overburden, or impair the Web Services or interfere with any other party’s use and enjoyment of the Web Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Services.

Personal Information Protection

By using the Web Services, you consent to our collection, use and disclosure of your personal information in accordance with our Web Services Privacy Policy or any privacy statement applicable to a particular Web Service which may be amended by us from time to time in our discretion.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall KWCC be liable for any loss of use, loss of data, loss of opportunity, loss of income or profit, loss of or damage to property, or for any damages of any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages), arising out of or in any way connected with the use of, or the delay in use or inability to use, the Web Services, contents of any Web Services, or any website or contents with which it is linked, even if KWCC has been advised of the possibility of such damages or losses. If you are dissatisfied with any portion of the Web Services, or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Services. If KWCC or any of its third party providers are found liable in any connection with a claim arising out of or related to using or accessing the Web Services, the aggregate liability to you for all damages, losses and causes of action, howsoever arising, shall not exceed the amount paid by you, if any, for accessing the Web Services. This limitation of liability shall survive the termination of these Terms of Use.
You specifically acknowledge that KWCC will not be liable for 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.
The Web Services are solely directed to individuals located in Canada. KWCC makes no representation that any Web Service is appropriate or available for use in other locations. Those who access or use the Web Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity and Release

By using the Web Services you agree to indemnify KWCC and its subsidiaries, affiliates, officers, volunteers and employees and hold them harmless from any and all loss, liability, damages, claims and expenses, including legal fees, arising from your violation of these Terms of Use, your use of the Web Services, or your breach or alleged breach of the copyright, trade-mark, proprietary or other rights of third parties. By accessing the Web Services you are agreeing to release KWCC and its subsidiaries, affiliates, officers, volunteers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Services or the products or services offered at or associated with the Web Services. You agree to waive all laws that may limit the efficacy of such release.

Termination and Modification

KWCC may, in its sole discretion and at any time, discontinue providing the Web Services, or any part thereof, with or without notice. You agree that KWCC may terminate your use of the Web Services for any reason, including without limitation, if KWCC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Web Services under any provision of these Terms of Use may be effected without prior notice. You agree that KWCC shall not be liable to you or any third party for any termination of your access to the Web Services. The provisions of these Terms of Use pertaining to disclaimers, exclusion or damages, limitations of liability, indemnification and release shall survive termination.

Governing Law and Jurisdiction

These Terms of Use, your use of the Web Services, and all related matters shall be governed solely by the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia in relation to all disputes arising from or related to these Terms of Use, your use of the Web Services and any related matters.

No Waiver

No failure or delay by KWCC in exercising any right or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Use.

Severability

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable laws, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Entire Agreement

Unless specified herein, these Terms of Use constitute the entire agreement between the user and KWCC with respect to your use of the Web Services and the services offered at the Web Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KWCC with respect to the Web Services.

Enurement

These Terms of Use are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.

Compliance with Laws

KWCC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of KWCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Services or information provided to or gathered by KWCC with respect to such use.

Language of Contract

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Questions

If you have any questions about the Web Services or these Terms of Use, please contact us using the following information:

Knowledge-West Communications Corporation
4355 Mathissi Place
Burnaby, BC Canada
V5G 4S8

Email: info@bbckids.ca