1. ACCEPTANCE OF THE TERMS AND CONDITIONS
3. MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE SITE
Ottawa Tourism may change, suspend, or discontinue any or all Services at any time, including the availability of any feature, database, Third Party Service, or Content. Ottawa Tourism may also impose limits on certain Services or restrict Your access to parts or all of the Services without notice or liability. Ottawa Tourism will not be liable if, for any reason, all or any part of the Sites is restricted to users or unavailable at any time or for any period.
4. ACCOUNT SET-UP AND SECURITY
Ottawa Tourism uses physical, electronic, and administrative measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Sites. You are required to ensure that all persons who access the Sites through Your internet connection are aware of these Terms and Conditions and comply with them. The Sites, including Content or areas of the Sites, may require user registration. It is a condition of Your use of the Sites that all the information You provide on the Sites is correct, current, and complete.
The transmission of information via the Internet is not completely secure. Although Ottawa Tourism does its best to protect Your personal information, it cannot guarantee the security of Your personal information transmitted to the Sites. Any transmission of personal information is at Your own risk. Ottawa Tourism is not responsible for the circumvention of any privacy settings or security measures contained on the Sites.
You are prohibited from attempting to circumvent and from violating the security of Sites, including, without limitation: (a) accessing Content and data that is not intended for You; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.
5. CONDITIONS OF USE
You warrant, represent, and agree that You will not contribute any Content that, in Ottawa Tourism’s sole judgment, is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, false, inaccurate, misleading, does not comply with, or otherwise violates any law or right of any third party. You further represent, warrant, and agree not to impersonate any other person including, but not limited to, Ottawa Tourism or any of its employees. Content submitted by users will be considered non-confidential and Ottawa Tourism is under no obligation to treat Content as confidential or proprietary information.
By submitting user generated Content, You declare and warrant that You own or have the necessary rights to submit the said user generated Content and have the right to grant the licence hereof to Ottawa Tourism and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the user generated Content and comply with these Terms and Conditions. You represent and warrant that all user generated Content complies with applicable laws and regulations.
Ottawa Tourism takes no responsibility and assumes no liability for any Content posted, stored or uploaded by You, or for any loss or damage You may suffer as a result, nor is Ottawa Tourism liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Ottawa Tourism is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any other area of the Sites. Although Ottawa Tourism has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Sites, Ottawa Tourism reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Sites at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any Content You post or store on the Sites at Your sole cost and expense.
Except where expressly provided You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that You maintain all copyright attribution and other notices contained in such Content. You may store the Content only for personal, non-commercial use. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Ottawa Tourism, or from the copyright holder identified in such Content’s copyright notice.
You acknowledge and agree that if You use any of the Services to contribute Content to the Sites, Ottawa Tourism is hereby granted a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable right to fully perform, display, distribute, make derivative works from, and otherwise exploit such Content in any medium now known or hereafter invented (including all related intellectual property rights) and to allow others to do so. You expressly waive, to the fullest extent permitted by law, any moral rights You have in any Content that You have contributed and agree that no rights of attribution shall be enforced by You. You grant these rights free of charge. To the extent You retain any moral rights to the Content under applicable law, You hereby ratify and consent to any action that may be taken with respect to such moral rights by Ottawa Tourism and agree not to assert any moral rights with respect thereto.
If You believe in good faith that materials hosted by Ottawa Tourism infringe Your copyright, You must provide Ottawa Tourism with written notification. The procedure outlined below is exclusively for notifying Ottawa Tourism that Your copyrighted material has been infringed and is not a final assertion of any rights to the Content that You may have.
Your written notification must include the following:
- a clear identification of Your copyrighted work that You claim is being infringed;
- a clear identification on the Site(s) of the location of Your copyrighted work;
- Your full name, telephone number, email address and physical address and Your signature; and
- send Your notice to:
Attention: Legal Services
150 Elgin Street, Suite 1405
Ottawa, ON, K2P 1L4
Tel: (613) 237-5150
Please note that You may be liable for damages if You make a false claim of copyright infringement.
Ottawa Tourism will review and appropriately address all notices that comply with the requirements above.
Ottawa Tourism has no obligation nor any responsibility to any party to monitor the Sites or their use, and does not and cannot undertake to review material that You or other users submit to the Sites. Ottawa Tourism does not and cannot ensure prompt removal of objectionable material after it has been posted and has no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party, subject to applicable laws.
You are responsible for all of Your activity in connection with the Services and accessing the Sites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to use the Services or to access the Sites. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user. Use of the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer, or store illegal material, including material deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail-list, Listserv, any form of autoresponder, "spam" on the Sites, or any processes that run or are activated by You.
9. THIRD PARTY TOURISM EXPERIENCES
Ottawa Tourism is not a booking agent or tour operator. You should be aware that organizations that are featured on Ottawa Tourism’s Sites will have their own terms and rates for booking tourism experiences. When You book any tourism experience with a third party, please be sure to check with them for disclosure of all applicable terms, restrictions, rates and fees.
Ottawa Tourism may include Content provided by third party companies or individuals which may include offers for third party tourism experiences. Your business dealings or correspondence with, or participation in promotions of advertisers or any other third party other than Ottawa Tourism, and any terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. Ottawa Tourism is not responsible or liable for any loss or damage You may incur as the result of any such dealings or as the result of the presence of third-party tourism experience offerings on the Sites.
10. WARRANTY DISCLAIMER
Ottawa Tourism has no special relationship with, or fiduciary duty, to You. You acknowledge that Ottawa Tourism has no control over, and no duty to take any action regarding:
- which users gain access to the Sites;
- what Content You access via the Sites;
- what effects the Content may have on You;
- how You may interpret or use the Content; or
- what actions You may take as a result of having been exposed to the Content.
You release Ottawa Tourism from all liability for Your having renewed, acquired, or not acquired Content through the Sites. Ottawa Tourism makes no representations concerning any Content contained in or accessed through the Sites or any Content contained in or accessed through a Third Party Service, and Ottawa Tourism will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or any Third Party Service linked to the Sites.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER OTTAWA TOURISM NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITES, THEIR CONTENTS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
Ottawa Tourism makes no guaranty of confidentiality or privacy of any communication or information transmitted on any web site not owned and operated exclusively by Ottawa Tourism (“Third-Party Party Web Site”) linked to Ottawa Tourism’s Sites or otherwise in connection with the Services.
Ottawa Tourism will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, third-party confidential or trade-secret information, or any other Content stored on Ottawa Tourism's equipment, transmitted over networks accessed by the Sites, or otherwise connected with Your use of the Sites, Services, or Third-Party Service.
11. REGISTRATION AND SECURITY
13. NO RELIANCE
The Content on the Sites is provided for general information purposes only. It is not intended to amount to advice on which You should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Content on the Sites
Although Ottawa Tourism makes reasonable efforts to update the information on the Sites, it make no representations, warranties, or guarantees, whether express or implied, that the Content on the Sites is accurate, complete, or up to date. Your use of the Sites is at Your own risk and neither Ottawa Tourism nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for Your use of the Sites.
The Sites includes Content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party Content, other than the Content provided by Ottawa Tourism, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Ottawa Tourism.
14. THIRD PARTY WEBSITES
For Your convenience, the Sites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Sites. If You choose to access any such sites, You do so at Your own risk. We have no control over the Contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third-party sites.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL OTTAWA TOURISM BE LIABLE TO YOU WITH RESPECT TO THE SITES OR THE SERVICES OR ANY THIRD-PARTY WEB SITE OR TOURISM EXPERIENCE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF DATA OR FAILED COMMUNICATIONS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Ottawa Tourism shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Ottawa Tourism’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. No Assignment without Consent
d. Governing Law and Choice of Forum
e. Entire Agreement
If You are required to send notice to Ottawa Tourism pursuant to these Terms and Services, notice may be sent to:
150 Elgin Street, Suite 1405
Ottawa, Ontario K2P 1L4