TERMS OF SERVICE (Users)

By visiting our website (tourismtofino.barberstock.com) and/or downloading content, you engage in our "Service" and agree to be bound by the following terms and conditions These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website or use any services.

License to use website

Unless otherwise stated, Simpleview DAM's Client whose material is placed on our website owns the intellectual property rights to such material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view and download content from the website for your own personal use, subject to the restrictions set out below and set out by the Client.

You must not:

• sell, rent or sub-license material from the website;
• exploit material on this website for a commercial purpose; or
• edit or otherwise modify any material on the website.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Simpleview DAM's express written consent.

User Access

Users are provided with a user ID and password to enable you to access restricted areas of this website. Users are responsible for the maintenance, confidentiality, and security of all passwords related to your User account, and any and all activities that occur under your User account (with or without your permission).

Users are responsible for notifying Simpleview DAM as soon as possible after you obtain or receives knowledge of (a) any unauthorized use of your User Account or password related to your User account, or (b) any other breach of security with respect to your User account.

Contributor Users

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, documents, and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Simpleview DAM and the Client a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media unless otherwise stated. You also grant to Simpleview DAM and the Client the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Simpleview DAM and the Client or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Simpleview DAM reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.

Limitations of liability

Simpleview DAM and our Client whose material is placed on our website will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Indemnity

You agree to indemnify, defend and hold harmless Simpleview DAM and our client whose material is placed on our website, and each such entity’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Breaches of these Terms of Service

Without prejudice to Simpleview DAM's other rights under these Terms of Service, if you breach these Terms of Service in any way, Simpleview DAM may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the province of British Columbia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the province of British Columbia.

If you have any questions regarding Simpleview DAM's Terms & Conditions, please email: damsupport@simpleviewinc.com