PLEASE READ CAREFULLY BEFORE USING THE WEBSITE GAMESENSE.BCLC.COM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITE.
1. Acceptance of the Terms of Use
British Columbia Lottery Corporation (“BCLC”) operates the website gamesense.bclc.com (and its successor sites), and provides the services (other than third party services described herein or otherwise accessed by any Linked Sites), if any, accessed through it (the “Services”), its contents, and the data accessed through it (collectively, the “Site”). For the purpose of the Terms, “you” or “your” means the individual end user of the Site. By proceeding to use the Site you confirm that:
(a) you are 19 years of age or older;
(b) you have read, understood and accept to be legally bound by these GameSense Terms of Use (“Terms”);
(c) you have read, understood and accept to be legally bound by the Privacy Statement, the terms of which you acknowledge are hereby incorporated into these Terms by this reference and apply to your use of the Site; and
(d) you will comply with all applicable law and any third party terms of agreement which may apply to you in connection with your use of the Site.
BCLC may modify these Terms at any time. Any changes BCLC may make to these Terms in the future will be posted on this Site. Your continued use of the Site will confirm your acceptance of the Terms in force at the time you use the Site. Notwithstanding the forgoing and without limitation, BCLC may require you to expressly consent to certain changes to certain Services in order to continue receiving the Services.
2. Jurisdiction and Nature of Information
The information provided on the Site is provided for the convenience of BCLC’s customers within British Columbia. The Site is not intended to facilitate online gambling, or to advertise or market lottery schemes outside of British Columbia.
3. Registration and security
Certain Services provided through the Site may only be available to you upon registration. If you choose to so register you shall be a “Registered User”. If you are a Registered User, you agree to:
(a) provide accurate and complete information when prompted to do so during the sign up process;
(b) maintain and update such information so that it remains accurate and complete; and
(c) be bound by these Terms and any additional terms and conditions related to such registration, which are deemed to form part of these Terms.
As a Registered User you may be provided with or be allowed to create user access credentials such as a username and password (“Credentials”). You are responsible for keeping your Credentials confidential. You are also responsible for any activity undertaken using your Credentials. You agree to immediately notify BCLC if you suspect any unauthorized use of your Credentials.
4. Submission of User Content
All content, including feedback, information and other content, submitted by you to the Site or to BCLC (“User Content”) is your responsibility. By submitting User Content, you acknowledge, agree, represent, and warrant that:
(a) you will not misrepresent your identity or affiliation;
(b) the User Content is not defamatory, harassing, offensive, or otherwise inappropriate;
(c) the User Content does not contain any harmful programming code, such as viruses, backdoors, or disabling devices;
(d) the User Content will not constitute a proposal for, or offer or advertisement of, any goods or services;
(e) you are the owner of the User Content, or have been granted all necessary third party rights and permissions to submit such User Content to the Site and to grant BCLC any rights granted by you hereunder;
(f) the use of the User Content by BCLC will not infringe on the intellectual property or other rights of any party and will not otherwise violate any applicable law;
(g) you grant BCLC an unrestricted, irrevocable, non-exclusive license, without any compensation to you, to use, store, copy or otherwise reproduce, transfer, sell, distribute, transmit, display, publish, modify, adapt, or create derivative works of any such User Content, in whole or in part, for any purpose whatsoever;
(h) you hereby waive, or confirm that you, and the User Content owner has waived, all moral rights and equivalent rights in the User Content;
(i) BCLC is, for greater certainty, free to use any User Content that you submit using any “chat” or “feedback” function offered by BCLC, as BCLC in its sole and absolute discretion deems fit, without any compensation to you;
(j) BCLC may in its sole and absolute discretion, but under no circumstances will be obliged to, screen, edit, refuse to post or remove any User Content, in whole or in part, from the Site; and
(k) BCLC reserves the right to disclose any User Content as required or permitted by applicable law.
Additionally, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to BCLC may be read or intercepted by others.
5. Links to/from Third-Parties
The Site may contain links to websites or applications maintained by third parties and, conversely, websites or applications maintained by third parties may contain links to the Site. Such linked websites and applications (each a “Linked Site”) are not under the control of BCLC and BCLC is not responsible for the content of any Linked Websites or any links contained in the Linked Websites. BCLC provides links to other websites only as a convenience and the inclusion of a link to or from a Linked Website does not imply endorsement of the Linked Website by BCLC.
6. User Conduct
You agree that you will not use the Site to:
(a) submit any User Content in breach of Section 4 (Submission of User Content);
(b) conduct, display or forward “spam” chain letters or surveys that have not been authorized by BCLC;
(c) impersonate, or otherwise misrepresent any person, entity or affiliate, including an employee of BCLC or another user of BCLC’s gambling products or services including via PlayNow.com;
(d) stalk, harass or harm anyone or threaten anyone in any manner whatsoever;
(e) collect or store personal data about other users;
(f) violate any applicable law; or
(g) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
7. Contact
If you wish to contact BCLC in writing about these Terms, or if any clause in these Terms requires you to give BCLC notice in writing, you can send this to BCLC by personal delivery, e-mail or registered mail (return receipt requested) by a reputable overnight delivery service addressed to:
Attention: Legal Services, 74 West Seymour Street, Kamloops, British Columbia, V2C 1E2, Canada; email: LegalServices@bclc.com.
If BCLC has to contact you or give you notice in writing, it will do so by electronic means (including by display on-screen or by a link or URL) or by e-mail or post to any address you may have provided to us.
BCLC’s language for correspondence is English.
8. Lottery Rules and PROMOTION Conditions
You acknowledge that:
(a) lottery schemes conducted and managed by BCLC or marketed by BCLC in British Columbia as agent of the Interprovincial Lottery Corporation (“ILC”) are subject to the applicable rules and regulations, game conditions, and rules of play of BCLC and ILC (the “Lottery Rules”); and
(b) Each contest and promotion of BCLC is subject to the applicable terms and conditions for such contest or promotion (the “Promotion Conditions”).
In the event of a conflict between these Terms and (a) the Lottery Rules, or (b) the Promotion Conditions, the applicable Lottery Rules or Promotion Conditions will prevail.
9. Changes to the Site
BCLC, in its discretion at any time and without notice, may modify, restrict, suspend, or discontinue the Site and/or the Services, in whole or in part, and may terminate these Terms. If BCLC discontinues the Site or terminates these Terms, you will cease all use of the Site and/or the services, as applicable, and delete all copies, full or partial, of the Site.
10. Personal Information
BCLC respects your right to privacy. All information that BCLC may collect via the Site is subject to the BCLC Privacy Statement, which is incorporated by reference into these Terms and can be viewed at https://corporate.bclc.com/privacy-statement.html (the “Privacy Statement”).
11. Intellectual Property
Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the BCLC is the owner or authorized user of all intellectual property rights in the Site and the contents therein (the “Intellectual Property”), including names, words, titles, phrases, logos, icons, graphics, designs, images, audio, content, and software. As between BCLC and you, the Intellectual Property remains the sole and exclusive property of BCLC.
Subject to your compliance with these Terms, BCLC hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site on devices (“Devices”) that you own or control. You will be assumed to have obtained permission from the owners of the Devices that are controlled, but not owned, by you to access the Site. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the Site on or in relation to any Device, whether or not the Device is owned by you.
You will not: (a) store, copy or otherwise reproduce the Site, in whole or in part, except as expressly set out in these Terms or incidental to normal use of the Site, (b) sublicense, distribute, transmit, publish or otherwise allow another person to access the Site, in whole or in part, (c) modify, adapt, translate, decompile, disassemble, reverse engineer, attempt to derive the source code of, or create derivative works of the Site, in whole or in part, or (d) remove, obscure, or alter any proprietary rights notice contained in or on any part of the Site.
Nothing in these Terms grants you any right to use BCLC trademarks or logos without express permission from BCLC in writing. All rights not expressly granted to you in these Terms are reserved to BCLC.
12. Limitation of Liability — PLEASE READ CAREFULLY
You expressly acknowledge and agree that your use of the Site is at your own risk.
IN NO EVENT WILL BCLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR AFFILIATES (TOGETHER, THE “RELEASED PARTIES”) BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DAMAGES, LOSSES OR OTHER AMOUNTS INCURRED BY YOU OF ANY KIND WHATSOEVER ARISING FROM OR IN CONNECTION WITH USE OF THE SITE OR INABILITY TO USE THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES WILL NOT BE LIABLE FOR: (A) MODIFICATION OF THE SITE; (B) TEMPORARY OR PERMANENT DELAY OR UNAVAILABILITY OF ALL OR ANY PORTION OF THE SITE; (C) OUT-OF-DATE OR INACCURATE INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE SITE; (D) ANY HARMFUL PROGRAMMING CODE, SUCH AS VIRUSES, BACKDOORS, OR DISABLING DEVICES CONTAINED IN OR TRANSMITTED THROUGH THE SITE; OR (E) DIRECT, GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR ANY OTHER LOSSES OR DAMAGES, EVEN IF BCLC SHOULD HAVE BEEN AWARE THAT SUCH LOSS OR DAMAGE COULD OCCUR.
13. Disclaimers — PLEASE READ CAREFULLY
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS, OF TITLE, NON-INFRINGEMENT, FUNCTIONALITY, ACCURACY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
For greater certainty, all liability relating to your Credentials and any use or access to the Site or any services using same resides with you and under no circumstances, including negligence or misconduct, will the Related Parties be liable for any damages that result from the use of your Credentials.
14. Indemnity — PLEASE READ CAREFULLY
You will indemnify and hold harmless the Released Parties from and against all liabilities, losses, damages, penalties, fines, costs, fees and expenses (including of lawyers, accountants and other experts and professionals) suffered or incurred by any of them, directly or indirectly, arising from or in connection with your use of the Site, use of your Credentials, or breach of these Terms. For the purpose of enforcing this indemnity, you accept that BCLC may act as agent and trustee for the other Released Parties.
15. General
BCLC’s rights and remedies in these Terms are cumulative and not exclusive, and will not be deemed or construed to affect any right or remedy which BCLC is entitled at law, in equity or otherwise.
The failure of BCLC to enforce any provision of these Terms will in no way be construed to be a waiver of such provision, nor in any way affect BCLC’s right to thereafter enforce any or all provisions.
These Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
You are not permitted to assign your rights or obligations under these Terms. These Terms, subject to Section 8 (Lottery Rules and Promotion Conditions), constitute the entire agreement between you and BCLC concerning your use of the Site and supersede all prior understandings and agreements with respect thereto.
If any provision in these Terms is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will remain in full force and effect.
The provisions of these Terms which expressly or by their nature extend beyond the termination of this agreement will survive any termination of this agreement including the provisions regarding ownership, disclaimers, limitation of liability and indemnity.
Last Updated: August 29, 2018
