The following Terms and Conditions govern the use of yourvoice.burnaby.ca (“the Site”). The software platform is owned by Social Pinpoint Inc. (SPP) and operated by the City of Burnaby (“us, we, our”). 

By accessing and using this Site, you are choosing to accept and comply with the Terms and Conditions presented throughout this agreement as well as the Privacy Statement and Moderation Policy. These Terms and Conditions apply to all visitors and users of the Site. Linked sites, affiliated services or third-party content or software have their own terms and conditions that you must comply with. If you disagree with any of the Terms and Conditions, please discontinue using the Site immediately. 

If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms and Conditions (including the Privacy Policy and Moderation Policy) for your use of the Site. 

What are the conditions with a user’s account?

While using the Site, you must not violate any applicable laws and regulations. It is our duty to protect the confidentiality of content you provide on the Site in accordance with our Privacy Statement. When you create an account with us, you must always provide us with accurate information. Failure to provide accurate information violates the Terms and Conditions, which may result in immediate termination of your account on our service. You are responsible for protecting your own password you use for the Site and for any activities done under that password. Unauthorized use of your password or account must be immediately reported to us. In some cases, we or our agents may require access to your user accounts to respond to technical issues. 

We are not responsible for the content on the Site that has been provided by the users of the Site. Any content posted by you is subject to the rules of our Moderation Policy. Your contribution to the Site may be edited, removed or not published in accordance with the Moderation Policy. Contributors should also be aware that their posts may remain online indefinitely. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.

What do we require from our users?

You understand and agree that, without limitation: 

  • All information, data, images and other materials are the sole responsibility of the person from whom the content originated; 
  • You are prohibited from advertising or offering to sell or buy any goods and services; 
  • You cannot transmit content that contains software viruses or programs designed to change or destroy the functionality of any computer software or hardware;
  • You cannot collect or store personal data about other users of the Site; 
  • You cannot impersonate any person or entity, including without limitation to a City of Burnaby representative; 
  • You cannot interrupt or interfere with the Site or servers or networks connected to the Site; 
  • You cannot attempt to gain unauthorized access to the Site or other use accounts. 

Can your account be suspended or terminated?

We may terminate or suspend access to the Site and/or your account immediately, without prior notice, including without limitation if you breach any of the Terms and Conditions. We may immediately deactivate or delete your account and all the related files and information in your account. After your account has been terminated, the content you have posted may remain indefinitely on the Site. 

If you want to terminate your own account, please send an email to communications@burnaby.ca

Governing law and jurisdiction

These Terms and Conditions shall be governed in accordance with the laws of British Columbia without regard to its conflict of law provisions. You agree to accept and attorn to the exclusive jurisdiction of the courts of British Columbia.

Limitation of liability and indemnification

We and our elected officials, officers, employees, agents, contractors, licensees, affiliates and other partners (“our Personnel”) are not responsible for any expense, loss, liability, claim, or demand, including legal fees on a solicitor-client basis, whether accruing to you or made by any third party, due to or arising from your use of the Site or any breach of the Terms and Conditions. You agree to indemnify and save harmless us and our Personnel from and against any expense, loss, liability, claim or demand, including legal fees on a solicitor-client basis, due to or arising from your use of the Site or any breach of the Terms and Conditions.

What content do we own?

The Site contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (“Intellectual Property”) owned by us and our suppliers and licensors. You agree that we and our suppliers and licensors own and retain all rights to the content of the Site and associated Intellectual Property, including without limitation all texts, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features.

Any original content that you submit or post on the Site may be made available to the public and you authorize us to allow other users to share your content (with the end user acknowledging your contribution) under the Creative Commons Attribution-Share Alike 4.0 License.

Except with our express written permission, you may not copy, alter, transmit, sell, distribute any of the Intellectual Property. 

We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via the Site. Any loss or damage incurred from those communications or dealings are solely between you and the third party. 

Disclaimer and no warranty

You agree that your use of the Site is at your own risk. We make no warranty that the Site will meet your requirements or be uninterrupted or error-free. Any material that you download from or through the Site is done at your own risk and you are responsible for any damage to your computer system or any loss of data. 

Changes to terms and conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time without notice to you. The most recent version of the Terms and Conditions can be seen on the Site. By continuing to access or use the Site after any revisions to the Terms and Conditions, you agree to and will comply with the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, please discontinue using the Site immediately.

Contact us

If you have any questions about these Terms and Conditions, please contact us at communications@burnaby.ca