Privacy and Terms of Use

  • Legal

    Website Content

    Creative BC’s website includes the creativebc.com and bcmusicfund.com domains. This includes all webforms, applications, calendars, microsites, blogs, and materials published on creativebc.com and relevant subdomains (i.e. applications.creativebc.com). All of the above are included in our references to our "Site", or “Website.”

    Your access to and use of our Site are governed by these Terms of Use.

    We reserve the right to amend our Terms of Use and Privacy Statement at any time without notice.  We will post updates to our website.  You are responsible for checking on the current terms and any changes.

    If you have any questions or concerns, please contact us.


    Website Terms of Use

    Agreement between user and Creative BC

    The Site is provided to you on the condition of your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

    NO OFFICIAL DOCUMENTS

    All material provided on our site is intended for informational purposes only.  It should not be used to replace official documents unless otherwise clearly stated on the site.

    LINKS TO THIRD PARTY SITES

    The Site may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of Creative BC and Creative BC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Creative BC is not responsible for webcasting or any other form of transmission received from any Linked Site. Creative BC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Creative BC of the site or any association with its operators.

    NO UNLAWFUL OR PROHIBITED USE

    As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these terms, conditions, and notices.  Mining, framing, scraping, extraction or other collection or collation of the content of the website in any form and by any means whatsoever is strictly prohibited.

    You may only use or reproduce the content on the Site for your own personal and non-commercial use, or for business strictly related to Creative BC’s purpose for posting the information on the site.

    USE OF COMMUNICATION SERVICES

    The Site may include, or have links to, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a particular interest or industry group (collectively, "Communication Services").  You accept all responsibility related to your use of Communication Services.  You accept that Communications Services are not necessarily secure, can be accessed by others, and consent to the disclosure of information, including personal information, you provide through the use of any Communication Services.

    You agree to use such Communication Services only in accordance with the law and in a proper manner as intended by the particular Communication Service.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents.
    • Do anything that might harm the website or the Communication Service such as harm the integrity of the website, Creative BC’s systems, or another’s computer by doing such things as uploading malware, files that contain viruses, corrupted files, or any other similar software or programs.
    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
    • Conduct or forward surveys, contests, pyramid schemes or chain letters.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Create a false identity for the purpose of misleading others.
    • Restrict or inhibit any other user from using and enjoying the Communication Services.
    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

    You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, trade secret or any other intellectual property or proprietary right, without express permission of the owner of such right and the burden of determining that any material is not protected by any such rights rests with you.

    Creative BC has no obligation to monitor the Communication Services.  However, Creative BC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Creative BC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    Creative BC reserves the right at all times to disclose any information it reasonably determines will satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Creative BC's sole discretion.

    Creative BC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Creative BC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts of Communications Services are not necessarily authorized Creative BC spokespersons, and their views do not necessarily reflect those of Creative BC.  Always use caution when giving out any personally identifying information about yourself.  Children should not be using any Communication Service.

    Materials uploaded to a Communication Service may be subject to additional posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

    MATERIALS PROVIDED TO CREATIVE BC OR POSTED AT ANY Creative BC SITE

    Creative BC does not claim ownership of the materials you provide to Creative BC (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions in any way, you are granting Creative BC, its affiliated agencies and necessary sublicensees permission to use your Submission in connection with the activities and mandate of Creative BC including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name and the names of any other individuals you provide us in connection with your Submission.

    Creative BC is a public body in accordance with the Freedom of Information and Protection of Privacy Act (FOIPPA).  All information you provide to Creative BC, including information you provide through the website or post on the site, including Communications Services, may be subject to access and disclosure in accordance with FOIPPA.  Our Privacy Statement applies in respect of our website.

    No compensation will be paid with respect to the use or other publication of your Submission, or other information as provided herein.  Creative BC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Creative BC's sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

    LIABILITY DISCLAIMER

    Creative BC, its affiliated agencies, its agents and contractors make no representations about the suitability, reliability, availability, timeliness, and accuracy of information, software, matters, or services on the Site for any purpose.  The information, software, matters, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically made to the website and may be made at any time.

    This Site, content and all related services, including communications services and submissions, are provided on an “as is”, “as available” basis, without warranty of any kind. To the maximum extent permitted by applicable law, Creative BC and all related entities and agencies specifically disclaim any and all warranties, representations or conditions of any kind, whether express or implied, including implied warranties, representations and conditions of non-infringement, availability, security, fitness for a particular purpose or merchantability. The entire risk arising out of use of the Site, services and any content is with you, the user.

    Without limiting the foregoing, Creative BC makes no representations or warranties that 1) the Site or the Services, or anything obtained or derived from use of the services (including the results of any funding, projects or agreements) will meet the user’s or any other requirements; 2) the content that may be obtained from use of the site or the services will be accurate, current, complete, useful, or reliable; 3) the services will be uninterrupted, timely, secure or error-free, or that the services will be available at any particular time or at all.

    Creative BC will not be liable for any failure to perform any obligations under these terms, delay, or failure or interruptions of the Site, services or content due to any circumstances whatsoever, including any circumstances beyond their control(including failure of communications systems, problems inherent in the use of the internet resulting in delays or unavailability, war, strikes, labour disturbances, riots, embargoes, natural disaster, fire, accidents, services outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications), civil disturbances and acts of God.

    To the maximum extent permitted by applicable law, Creative BC will not be liable, whether based in contract, tort, strict liability or otherwise for any direct, indirect, incidental, consequential, punitive or special damages (including damages for loss of profits, business interruptions, goodwill, use or data or for other intangible losses) whatsoever, including those arising out of or in any way connected with: 1) access to or use of or inability to access or use, or reliance in any manner on, the services or any of the content or any results that may be obtained from or collaboration or other agreements entered into as a result of use of the website, 2) unauthorized access to, disclosure of or alteration of content; 3) acts of any third party accessing or using the website or the content; or 4) any other matter relating to the website, the content or any services; even if Creative BC has been advised of the possibility of any such damages.

    Any claim or cause of action in relation to the website must be filed within one year after such claim or cause of action arose or be forever barred, regardless of any law to the contrary. Any such claim or cause of action must be brought exclusively in a court in the Province of British Columbia and the laws of the province of British Columbia and Canada shall apply.

    All of the above disclaimers and limitations of liability are made notwithstanding any other provision contained herein. In the event any of the provisions, or portion thereof, herein are determined by a court to be inapplicable or invalid, only the inapplicable or invalid provision or portion thereof, will be struck with the remainder enforceable.

    If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

    If you have a complaint or concern, contact: .

    INDEMNITY

    In accessing or using this site, or any of its content, you agree to indemnify, defend and hold harmless Creative BC (and each of its officers, employees, contractors, licensors, suppliers and agents) from any damages, losses, liabilities, costs and expenses (including legal fees and expenses) suffered by any of the foregoing that arise out of or are related to: a) any violation or breach of these terms, including any improper or unauthorized access or use of the site, services or content; b) any of your acts or omissions in relation to the site, services or content; c) any infringement of any intellectual property rights (including copyright infringement) by you; d) any breach of applicable law; e) any dealings between you and any other user of the services, or between you and any other third parties, including third parties whose websites are linked to the site.

    TERMINATION/ACCESS RESTRICTION

    Creative BC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

    GENERAL

    These Terms of Use, including the Privacy Statement, constitute the entire agreement between you and Creative BC with respect to the subject matter hereof, and supersede all written or oral agreements between the parties with respect to such subject matter.

    These Terms of Use are governed by the laws of the Province of British Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, in all disputes arising out of or relating to the use of the Site.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative BC as a result of this agreement or use of the Site.  Nothing contained in this agreement derogates from Creative BC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Creative BC with respect to such use.

    If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision, or portion thereof, will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

    It is the express wish to the parties that this agreement and all related documents be drawn up in English.

    COPYRIGHT AND TRADEMARK NOTICES:

    Copyright © All contents of the Site are: Copyright as per the current year marked at the bottom of every creativebc.com website page, Creative BC, all rights reserved and/or its suppliers. All rights reserved.

    Any rights not expressly granted herein are reserved.

    NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

    Notifications of claimed copyright infringement under Canadian copyright law should be sent to .


    Site Privacy Statement

    Introduction
    Creative BC is committed to protecting your privacy.

    Creative BC collects, uses and discloses your personal information in accordance with the Freedom of Information and Protection of Privacy Act (FOIPPA) and other applicable legislation.

    The purpose of this privacy statement is to inform you of the personal information that we may collect from you when visiting or using the Site and how that information may be used.

    Scope
    This privacy statement relates to the information collected from you as a result of your visit to the Site.  Any additional collection of personal information by a related or linked website will be addressed in a collection notice on that website.

    COLLECTION OF PERSONAL INFORMATION

    The Sites collect information about your visit, including personal information, through the use of audit logs and cookies.  A cookie is a small file stored on your computer by your web browser when using some websites.

    We may also collect other information you provide directly through the Site.  You agree and warrant that if you provide personal information about another individual, you have their consent to do so.

    What personal information is being collected?

    The information collected includes such things as:

    • the web browser and operating system you are using;
    • the date and time of the visit;
    • the pages or services accessed;
    • if you were on another website before visiting Site, the URL (web address) of that previous website if it referred you to Site;
    • the URL (web address) of the first website you visit immediately upon leaving Site if you were referred to that website by Site;
    • the Internet Protocol (IP) network domain name (e.g. shaw.ca) and address (e.g. 192.10.100.20) of the computer you are using. IP address and domain are identifiers that may be used to distinguish between users and identify your internet service provider or your computer itself.

    Creative BC, via its websites, will include information about any cookies that will be collecting additional information from you.  A cookie may remain on your computer after the Internet session finishes (until the cookie expires or is deleted by you).  You may turn off cookies by selecting the appropriate settings on your browser (please note that if you do this you may not be able to use the full functionality of this website).  Some service providers also allow you to opt out of their use of cookies for advertising purposes, e.g. Google Ad's Settings Page.

    Web Analytics

    Creative BC's site uses web analytics tools to help analyze how the Site is used and to improve visitors’ online experience.  These tools work by tagging web pages to capture a limited amount of data (including the internet protocol (‘IP”) address of the computer, device or network being used to access the pages). This data is used for aggregate reporting purposes.  None of this data is used by Creative BC or its service providers to identify you.

    This website also uses remarketing tools, such as Google’s relevant advertising, which enable Creative BC or other entities to serve you with relevant advertisements unrelated to Creative BC.  If you have any questions about web analytics or remarketing, please contact .

    What is the purpose for collecting my personal information and how will it be used?
    Creative BC collects information about our website and the information and services on it to better understand general user trends at an aggregate level and improve web performance, web services, and for website maintenance.  Personal information will only be used by authorized staff to fulfill the purpose for which it was originally collected or for a use consistent with that purpose, unless you expressly consent otherwise. Creative BC may use information it collects for the purposes of an investigation into a breach of the terms of use of the website, breach of contract or other law or legal requirement.

    Can I opt out of the collection of my personal information?
    Your browser may permit you to disable cookies, but you cannot opt out of the information collected for audit purposes. Also, your decision to disable cookies may impair your ability to browse, read, and download information contained on Sites, and Creative BC may be unable to personalize your web experience. However, you may still be able to access Creative BC services by other methods such as personal contact, fax or mail.

    What safeguards are in place to protect my personal information?
    Creative BC is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure and disposal.  We restrict access to our systems, applications and collected data to authorized personnel only.  We also aggregate personal information collected and used for identifying user trends (e.g. IP address).

    How long is information retained?
    Information collected or created by Creative BC is maintained in accordance with FOIPPA, the government's records retention schedules and other legislative requirements.  Information collected as a part of a cookie or a security audit log is retained for 2 years.

    How can I access and correct information I submit to a web site?
    You can review any personal information collected about you by requesting access from Creative BC, or by submitting a Freedom of Information request to .  You may request changes or annotate your personal information if you believe it to be inaccurate by submitting a written request describing the error to .

    What about links to external websites from Sites?
    The Site may include links to external websites.  Once you leave the Site, this privacy statement does not apply.  Creative BC is not responsible for the privacy practices, collection of personal information, or content of external websites.

    Who can I contact for more information about this privacy statement?
    Questions regarding this privacy statement, including the collection of personal information, can be directed to Karin Watson, Creative BC’s Director of Business Operations: .