You are solely and entirely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post, display or otherwise make available on or via the Portal (including Content submitted or posted in BCP’s Online Survey, Discussion Forum, Public Consultation, Replies from Ministry, Department or Agency, Poll and in all other parts of the Portal, as well as Content that is privately transmitted to the BCP administrator). For the avoidance of doubt, any Content that is submitted, posted, displayed, or otherwise made available via the Portal using your internet account, shall be deemed to be Content submitted, posted, displayed or otherwise made available by you. You agree that although BCP is not responsible for, and does not endorse, Content posted within the Portal it may exercise its right to to pre-screen, monitor, edit or remove any such Content that in the unilateral opinion of BCP does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will BCP be liable in any way for any Content posted, emailed, transmitted or otherwise made available on or via the Portal, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on or via the Portal. You must evaluate and bear all risks associated with the use of any Content on the Portal, including any reliance you intend to place on the accuracy, completeness, or usefulness of such Content. You rely on such Content at your own risk.
The Portal contains content owned or licensed by BCP (“BCP Content”). BCP Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and BCP, BCP owns and retains all rights in the BCP Content and the Portal. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BCP Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BCP Content.
The BCP name and logo are trademarks of BCP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BCP. You shall not use the Portal to, or when using the Portal, shall not:
- upload, post, email, transmit or otherwise make available any Content that:-
- is or may be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, religiously, ethnically or otherwise objectionable, untrue, irrelevant to BCP's purposes or irrelevant to the discussion(s) on which the Content is made available. BCP has the sole discretion to decide if any Content falls within these said categories and delete same if need be without notice to you.
- infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party, or that you do not have a right to publish or otherwise make available under any law or under contractual or fiduciary relationships
- contains any unsolicited or unauthorised advertising and promotional materials, commercial or otherwise, including links to Portals containing such materials. For purposes of this clause, "advertising and promotional materials" includes surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages etc
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- repeats any Content in its exact form which you had previously uploaded, posted, emailed or transmitted on or through the Portal; or
- reproduces Content created by parties other than yourself;
- use or create a false identity (including but not limited to, use of a pseudonym, impersonation of any person or entity, or otherwise referring to yourself using descriptive word/s or word/s which do not appear to us to be your actual name or derived from your actual name), or falsely state or otherwise represent your affiliation with a person or entity, or use any identity or name which is not in compliance with our policy on use
- do anything that may be disruptive of other users' engagement in discussions, dialogue or other exchanges on the Portal, or otherwise act in a manner that negatively affects the user experience of other users of the Portal;
- threaten, stalk or otherwise harass any other user of the Portal or any person employed by BCP;
- restrict or inhibit any other person from using the Portal;
- do anything which could interfere with, disrupt, disable, overburden or impair the proper working or appearance of the Portal or the servers or networks connected to the Portal;
- disobey any requirements, procedures, policies or regulations of networks connected to the Portal;
- collect or store personal data of any other user of the Portal, or invite any other user to disclose his/her personal data to you or to any other person/s (whether such disclosure is made on the Portal or in any other way);
- disclose your contact information (or the contact information of any other person) on or through the Portal or any part thereof; or
- solicit login information or access the Portal using the account of any other person.
BCP shall have the right (but not the obligation) to delete, disallow or move any Content from the Portal, as it sees fit, in particular any Content which, in BCP's view, violates any of the terms of the TOU.
BCP may preserve all or such part of the Content as it sees fit, and may also disclose all or any part of the Content to any person or organization if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOU against any user of the Portal;
- investigate and respond to claims that any Content violates the legal rights of any party; or
- protect the legal rights, property, and/or personal safety of any party.