THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Last updated on Jan 15, 2018.
ACCEPTANCE OF TERMS
Welcome to the Internet sites of Kokanee Springs RV Park (“KSRV”) . By using a KSRV Site, or any of the products or services available on a KSRV Site you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”), all as may be modified by KSRV from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use our KSRV Sites or any of the Services on a KSRV Site.
DESCRIPTION OF KSRV SERVICES
KSRV is dedicated to imparting a pleasant user experience for our customers. You understand and agree that the Services may include certain communications from KSRV which you may opt out of receiving. Unless explicitly stated otherwise, any new features or websites that enhance the Services are subject to these Terms and Conditions.
REGISTRATION, CONTESTS, ACCOUNTS AND PASSWORDS
Certain of the Services and related material, software, information, data and other content made available on a KSRV Site may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
– maintaining the confidentiality of any passwords or other account identifiers which you choose as a result of any registration or subscription on a KSRV Site; and
– all activities that occur under such password or account.
Further, you agree to notify KSRV of any unauthorized use of your password or account. KSRV will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
In consideration of the availability, and your use, of a KSRV Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such KSRV Site or Service. You acknowledge that KSRV may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
– post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a KSRV Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a KSRV Site, any of the Services, or the Internet;
– defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
– post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
– post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, or other harmful or disruptive component; and
– post, transmit, link to, or otherwise make available any material that infringes any patent, trade-mark, trade secret, copyright or other intellectual property or proprietary right.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a KSRV Site or any of the Services, you recognize that you are fully responsible for:
– the online conduct of such minor;
– controlling the minor’s access to and use of a KSRV Site or any of the Services; and
– the consequences of any misuse by the minor.
– You acknowledge that some of the areas of a KSRV Site may contain material that is inappropriate for minors.
When participating in a Forum, Contest or other involvement, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. KSRV and/or their affiliates and licensors are not responsible for the content or accuracy of any information, and not responsible for any reliance or decisions made based on such information. When using a KSRV site, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that KSRV reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
With regard to any photograph uploaded to the KSRV website(s), the owner of the photo’s copyright retains all copyright.
By uploading any photograph to the KSRV website, you grant (or warrant that the owner of such materials expressly grants) Kokanee Springs RV Park and KSRV site(s) and their affiliates a world-wide, royalty-free, irrevocable and non-exclusive right and licence to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works or merchandise from any such submitted photograph to promote the KSRV website. You represent and warrant that you have the right to grant the licence set out above.
In the event copyright of any photograph submitted to the KSRV website belongs to a minor, permission to enter the photo on the KSRV website, reprint, publish or otherwise reproduce the images, as described above, must have been obtained, in writing, from the child’s parent or guardian prior to entry of the photograph on the KSRV website. Proof of such permission must be provided to Kokanee Springs RV Park immediately upon request.
By submitting a photo to the KSRV website, you hereby grant Kokanee Springs RV Park and their affiliates the right to use the photo for any purpose related to the KSRV website and/or advertising. This includes both print and digital versions as well as online. KSRV will also have rights to use images digitally to (d) further expand on the print edition; (e) promote KSRV; (f) promote KSRV via Facebook, Twitter, Instagram and other social media outlets.
By submitting a photo to the KSRV website, you also hereby grant to KSRV the non-exclusive, perpetual right and licence to reproduce, publish and distribute, and to authorize the reproduction, publication and distribution of the photos, in print and in all electronic forms and media now known or later developed, including, but not limited to, on CD-ROM, over the Internet and in digital publications. By uploading a photo, you agree that any such reproduction, publication or distribution may be of the work alone and not in conjunction with the works with which it is first published by KSRV.
KSRV reserve the non-exclusive right to publish any photo uploaded to the KSRV website in its material without further compensation to photo submitters. KSRV shall include without limitation any print or electronic advertising or marketing material such as posters, online images, newspaper ads, television ads, e-mails and social media content.
Waiver forms/model releases are your responsibility.
RESTRICTIONS ON USE
You acknowledge that any and all information, content, reports, data, photographs, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the KSRV site (the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, is the property of KSRV or its licensees, or the respective owner as indicated. All Content is protected by Canadian and worldwide copyright laws and treaty provisions. KSRV and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a KSRV Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content.
PERSONAL INFORMATION AND PRIVACY
CONTENT LINKED TO A KSRV SITE
Please note that certain links on a KSRV Site may take you to other websites that are not necessarily under the control of KSRV. KSRV provides these links only as a convenience and not as an endorsement by KSRV. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. KSRV is not responsible for the accuracy or appropriateness of the content of any such linked sites or any other web page which is not part of a KSRV Site and under KSRV’s control. If you access any linked site, you do so at your own risk. Unless otherwise expressly provided, KSRV makes no representation or warranty regarding, and does not recommend or endorse, any linked site or the content appearing thereon. You agree that KSRV will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a KSRV Site.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found through a KSRV Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. KSRV assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the KSRV will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
KSRV reserves the right to suspend or terminate your account and your access to the Site, Services and Content at any time for convenience, or for any other reason, including without limitation, if:
– you give KSRV and/or its affiliates or licensors false or misleading information; or
– KSRV has determined, in its sole discretion, that the use of a KSRV Site or of any Services through your account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use.
Any such termination by KSRV will be in addition to and without prejudice to such rights and remedies as may be available to KSRV, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your account.
AMENDMENT AND WAIVER
For users of the KSRV Sites, KSRV reserves the right, in its sole discretion, to add to, remove from, amend, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted on a KSRV Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of any KSRV Sites and any of the Services immediately. Your continued use of a KSRV Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, KSRV reserves the right to change, modify, suspend or discontinue any aspect of a KSRV Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE CONTENT ON KSRV SITES AND ANY OF THE SERVICES AND CONTENT IS PROVIDED FOR PROMOTIONAL AND INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF KSRV, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION AVAILIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, OR COMPLETENESS, AS WELL AS THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE; AND
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE KSRV GROUP SPECIFICALLY MAKES NO WARRANTIES THAT A KSRV SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A KSRV SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
You agree at all times to indemnify, defend and hold harmless each member of the KSRV and each of their respective officers, directors, employees and agents, including all third parties mentioned on a KSRV Site, against any and all claims, actions, proceedings, costs, damages, liabilities, expenses and demands whatsoever, including without limitation reasonable legal and accounting fees, sustained, incurred or paid by KSRV directly or indirectly resulting from or related to:
– your breach of any of these Terms and Conditions;
– your access to or use or misuse of a KSRV Site, Services or Content including without limitation infringement claims; or
– your use or reliance on, or publication, communication or distribution of anything on or from a KSRV Site or through any of the Services.
You will use your best efforts to cooperate with the KSRV Group in the defense of any claim. The KSRV Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE KSRV BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, AGGRAVATED, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER KSRV HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A KSRV SITE, OR
ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR
ANY OTHER MATTER RELATING TO A KSRV SITE OR ANY OF THE SERVICES EVEN IF THE KSRV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
GOVERNING LAW / SUBMISSION TO JURISDICTION
KSRV, KSRV sites, content and Services (excluding linked sites) are controlled, operated and administered by KSRV from its offices within Canada. KSRV makes no representation or warranty that a KSRV Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a KSRV Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a KSRV Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Alberta, Canada, without reference to its conflict of laws principles. KSRV reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The use of sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms of Service.
These Terms and Conditions and you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between KSRV and you pertaining to your use of a KSRV Site, Services and Content and supersede any prior agreements between you and KSRV with respect to the subject matter hereof. KSRV’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof). No changes to these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
Copyright © Kokanee Springs RV Park and/or its affiliates and licensors, 2018.
All Rights Reserved.