TERMS OF USE

TERMS OF USE FOR VEA[BC] SERVICES
(VEA-Visual Effects Association Inc.)
THIS AGREEMENT WAS LAST UPDATED ON MAY 15, 2009
When you sign up for any service within the VEA[BC] you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after MAY 15, 2009 you are agreeing to be bound by this Agreement, including all amendments made to date.
User Agreement

This Agreement constitutes your agreement with VEA-VISUAL EFFECTS ASSOCIATION INC. ("VEA[BC]") with respect to your Membership and use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user/member of the VEA[BC] and all Services thereof.  As used in this Agreement, "we" and "us" means VEA[BC] or any successor or VEA-Visual Effects Association Inc.

Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. If you are a non-resident of BC, Canada then your right to access the Services, and in particular log-in or access any database, is/can be limited and restricted.

Affirmations
You represent, warrant, and covenant that you are legally permitted to work in Canada and are a BC resident; or are a legally incorporated entity in BC.  You further affirm that;

1. all information provided by you is true;
2. that you will maintain your information as current and up to date; and
3. that you are legally entitled to use, post, and were involved in the creation of any and all information; including any and all parts or portions of  promotional pieces or materials;

Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:

1. you will keep all information provided to you through the Service from another user/member of the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
2. you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
3. you will not forward chain letters through the Service;
4. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person or entity;
5. you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which
1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
2. is fraudulent, misleading or otherwise unlawful or violates any law;
6. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods;
7. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, VEA[BC] systems or to other members' systems in any way;
8. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information without express permission of the entity for which the information pertains; and
9. you will not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Advertizing and Promotion
By completing the registration process, you agree to grant VEA[BC] a license for the right to use your images*, text* or recordings* in the marketing of the Service, the VEA[BC], yourself,  or the VFX Community overall.

Membership Categories
There are two types of membership in the VEA[BC], Normal and Facility membership.  The Service offers similar and different access to features depending on the type of membership.  To qualify for Normal membership in the VEA(BC), one must be legally entitled to work in Canada for the full term of membership and be a BC Resident and/or fulfill eligibility requirements for Provincial Tax incentives geared toward VFX.  Normal membership is for individuals who are employees by nature of their profession and has three distinct categories with different access to the Service to ensure credibility of the VEA[BC]; 

1. Full membership: Requires a minimum of two years of employed experience in a similar or related position; pertaining to the creation or supervision or Visual Effects in the Commercial, Film, and/or Television industry; Demo Reel and References to be verified and approved at the sole discretion of the VEA[BC]; or by an appointed representatives of the VEA(BC);
1. Or  granted by the sponsorship from 3 current Full Members in good standing  who were in a position of direct supervision over the applicant; plus submitted Resume, Demo Reel* and References, all to be verified and approved, at the sole discretion of the VEA[BC] or by appointed representatives of the VEA[BC].
2. Associate membership: Requires a minimum of one year of employed experience in a similar or related position; pertaining to the creation of Visual Effects in the Commercial, Film, and/or Television industry; Demo Reel and References to be verified and approved at the sole discretion of the VEA[BC] or by appointed representatives of the VEA(BC);
1. Or granted by the sponsorship from 3 current Full Members in good standing, plus Resume, Demo Reel and References to be verified and approved at the sole discretion of the VEA[BC] or by appointed representatives of the VEA(BC)..
3. Apprentice membership: Requires a Certificate of Completion from a BC accredited educational institution in a Full Certificate Program pertaining to Visual Effects.
1. Or submission of a Demo Reel for the purposes of establishing a minimum level of understanding; the judgment of this understanding is at the sole discretion of the VEA[BC], or an appointed representative of the VEA[BC];
4. Demo Reels are required for all Normal applicants who are applying with an Artist Based background.
5. All References will be checked and effect the membership bid.

To qualify for Facility membership an entity must be a legally registered and operating corporation in the Province of British Columbia.  Facility membership is for entities that typically employ or are in positions of authority over Normal members.

Fees and Payments
Membership fees are paid by applying through the VEA[BC] website after approval process.

Job Post and Event Promotion
If you are not a Normal or Facility member there is a setup and processing fee required to process all posts to the Service.  All postings go through a graduated release process through VEA[BC] members first prior to appearing on the Public portion of the Service; usually 5-15days.  Users of the Job Post and Event Promotion services accept this delay as part of the Service to our paying members and agree to withhold the VEA[BC], VEA-Visual Effects Association, it’s members, advertisers, agents or affiliates, liable for losses, damages, or from any responsible for any resulting occurrences derived from, or perceived to come from, postings to the Service.

Use of Information
You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, provide you with or email you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.

Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information
The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

You further recognize and accept that inform obtained from the Wiki and/or Forums are opinion and at your discretion to believe and therefore remove all responsibility of the VEA[BC], it’s members, agents, advertisers, and affiliates from your choice of use of any and all such material.

Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by VEA[BC]our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by VEA[BC] or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Governing Law
This Agreement is entered into in British Columbia, Canada. You agree that it will be governed by the laws of the Province of British Columbia and any disputes arising out of this Agreement will be subject to the courts of the Province of British Columbia and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.

Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone.

Penalties

Breach of this agreement in whole or part is subject to immediate dismissal from the VEA[BC} and termination of us of the Service  and all benefits of the association. 

In the instance of punitive action against you, you agree to forfeit all fees and moneys paid to the VEA[BC] up to and prior to the date of dispute.