Terms of use

These Terms of Use constitute an agreement between you and the BC Lung Association with respect to your participation in the QuitNow Services Online Community ("QuitNow OnLine Services").

These Terms of Use set out the terms and conditions that apply to you when you submit your comments, photographs, videos, stories or other content (collectively, the “Content“) to the website.  By clicking “I Accept”, you are deemed to have read and to have agreed unconditionally to the terms and conditions set out below.

1. Eligibility to Contribute:

1.1 To participate and contribute to QuitNow OnLine Services site, you must be a registered user of the website and reside in British Columbia, Canada.

2. Submission and Review of Content:

2.1 The BC Lung reserves the right to review all Content submitted to QuitNow OnLine Services, and to refuse to publish to QuitNow OnLine Services and to delete to the server on which QuitNow OnLine Services is located, any Content that the BC Lung Association deems, in its sole discretion, to be objectionable or inappropriate, including without limitation Content that:
(a) is defamatory or obscene;
(b) threatens or is hateful towards a specific group of people;
(c) is unlawful;
(d) advertises private interests;
(e) impersonates or falsely claims to represent a person or organization; or
(f) invades the privacy of any person or otherwise violates the rights of any person.

2.2 The BC Lung Association reserves the right at its sole discretion to remove to QuitNow OnLine Services at any time any Content that potentially or actually infringes any third party’s copyright, trademark, right of privacy, publicity or other intellectual property or other right.

2.3 If you are concerned about inappropriate content please e-mail the privacy officer at privacy.officer@bc.lung.ca, citing the date and author of the Content in question.

3. Ownership and License:

3.1 You retain ownership of all Content you submit to QuitNow OnLine Services (“Your Content“). You represent and warrant that:
(a) Your Content is
(i) your original work, or
(ii) has been provided to you or obtained by you to the rightful owner with all necessary permissions;
(b) Your Content does not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

3.2 By submitting Your Content to QuitNow OnLine Services, and in consideration of the opportunity to participate in QuitNow OnLine Services and other valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you grant to the BC Lung Association a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, publish, communicate to the public by telecommunication, modify, display and distribute Your Content in any and all formats for any and all purposes associated with QuitNow OnLine Services.

3.3 You agree that the BC Lung Association may engage independent contractors and service providers to assist the BC Lung Association to exercise the rights you grant to the BC Lung Association under these Terms of Use.

3.4 You agree that the BC Lung Association may reformat, rearrange or otherwise modify Your Content, and you understand and acknowledge that the BC Lung Association has no obligation to acknowledge you by name or pseudonym as the author of Your Content or to ensure that you remain anonymous.

3.5 With the exception of Your Content and Content submitted to BC Lung Association by other contributors, all intellectual property in the QuitNow OnLine Services, including but not limited to copyright, official marks or trademarks, is owned by the BC Lung Association. Copying or unauthorized use of any such intellectual property without the express written consent of BC Lung Association is prohibited.

3.6 Use of any material to or links to third party websites must be in accordance with these Terms of Use. The BC Lung Association does not control such third party websites and is not responsible for their contents. The inclusion of hyperlinks to such third party websites does not imply any endorsement of the material on such websites or any association with these third parties.

4. Access to Information:

4.1 If a request is made under the Freedom of Information and Protection of Privacy Act (FOIPPA) for access to your personal information where the information in question has not already been made public by you, you will be contacted to determine if you consent or not to this disclosure.  If you choose to not consent, your personal information will not be disclosed.

5. Collection of Personal Information:

5.1 Your personal information including name, email address, phone number, photographic image and opinions, are characterized as “personal information” under the Freedom of Information and Protection of Privacy Act 26 (c)&(e). We are collecting this information to support you with your quit smoking process or to help someone else to quit smoking or to review the membership portal.  We want to undertake research to determine the success of the site and ways to improve our service.  Therefore, the BC Lung Association is collecting personal information to you to both support you and to engage in research.  Your email address or phone number may be used to: (a) contact you for clarification of your comment(s); (b) contact you for research purposes conducted by BC Lung; and (c) provide you with notices about changes to the service or new programs being offered through QuitNow OnLine Services.

5.2 For the purpose of administering the QuitNow OnLine Services, the BC Lung Association is also collecting details of your visit to the website on which QuitNow OnLine Services is located, including your IP address, the date and time of your visit, and your acceptance of these Terms of Use.

5.3 If you have any questions about the collection, use or disclosure of your personal information, you may send a letter to the Privacy Officer, BC Lung Association, 2675 Oak Street, Vancouver, British Columbia, V6H 2K2 or by emailing privacy.officer@bc.lung.ca or phoning 1-800-665-5864.

6. Access and Disclosure:

6.1 By accepting these Terms of Use, you consent to:
(a) the collection and use of your personal information for the purposes outlined in Article 5 above;
(b) the disclosure of your personal information to the BC Lung Association independent contractors or service providers to the extent that such independent contractors or service providers require access to such information in order to perform services, evaluation and research in connection with QuitNow OnLine Services; and
(c) for the purpose of participating in QuitNow OnLine Services, the public disclosure of and access in or outside of Canada to personal information that you post and have made publicly available.

7. Unsubscribing to QuitNow by TXT:

7.1 To opt out of this service at any time txt STOP to 654321 or login to your account and unsubscribe to there. For assistance text HELP to 654321, email quitnow@bc.lung.ca or call 1.877.455.2233. Standard messaging and data rates apply.

8. Limitation of Liability and Indemnity:

8.1 You agree that under no circumstances will the BC Lung Association or any of its respective employees or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages based on:
(a) use of any Content under these Terms of Use;
(b) any use by you of QuitNow OnLine Services; or
(c) any failure by you to abide by these Terms of Use.

8.2 You agree to indemnify, defend and hold harmless the BC Lung Association and all of its respective employees and agents to and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising to:
(a) your use of QuitNow Services; 
(b) your violation of any provision of these Terms of Use;
(c) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and
(d) any claim that any of Your Content caused damage to a third party.

9. Disclaimer:

9.1 QuitNow OnLine Services and all of the information it contains are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement are hereby expressly disclaimed.

10. Additional Terms:

10.1 If any term or provision of these Terms of Use is invalid, illegal or unenforceable, all other terms and provisions of these Terms of Use will nonetheless remain in full force and effect.

10.2 These Terms of Use will be governed by and construed in accordance with the laws of British Columbia.

Last updated: November 2015