TERMS OF USE
Updated November 16th, 2015
In these Terms of Use, “you” refers to the person accessing or using the http://www.capitalfair.ca website. “the Fair” refers to the Gloucester Agricultural Society’s annual festival known as “The Capital Fair”.
1. Acceptance of Terms through Use
By using the website, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”) and all of these terms will govern your use of the website. We reserve the right to change or discontinue any feature of the website, including but not limited to the Terms of Use, at any time, by posting revisions onto the website. You agree to be deemed apprised and bound by any changes to these Terms of Use and your continued use of the website indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Use. If you do not agree to the terms of this or any revised policy, please exit the website immediately.
2. Links to Third Party websites & Services
The Fair’s website contains links to and from websites operated by third parties. the Fair makes no representations whatsoever about any third party content (including but not limited to opinions, advice, statements, warranties or representations) that you may access from the website or about any website from which you may access the website and/or which may be linked to this website. We provide third party content and links only as a courtesy and such links and/or content do not imply our endorsement of any linked website/content. The linked websites and content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked website or subsequent links from that website. Our Privacy Policy is only applicable when you are on this website. Please review the linked website’s use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the website. By using the website, you expressly relieve the Fair from any and all liability arising from your use of any third party website(s).
3. In-App Calls, Texts or Emails
At such point in time as the Fair wishes to provide an App, it will contain software suitable for mobile devices that allows its users to send and receive phone calls, emails, text messages and other data exchanges, on a user-to-website basis (“In-App Service”). Such In-App Service may be subject to additional costs, fees and/or roaming charges at rates determined by your mobile carrier, depending on your plan with your local carrier. By using or accessing the in-App Service, you expressly relieve The Capital Fair from any and all liability arising from any such costs, fees and/or roaming charges. If you use or access the in-App Service, you agree: (a) to only send messages to the Fair; (b) to comply all applicable laws and regulations; (c) not to send content that is hateful, pornographic, libelous, defamatory, threatening or incites violence toward individuals or groups; (d) not to transmit any content containing spam, viruses, worms, malware, Trojan horses or other harmful content; and (e) complies with any carrier agreements and terms associated with your mobile device.
4. Intellectual Property
You acknowledge that all content and materials available on this website, including the selection, coordination, arrangement and enhancement of such content as well as content original to it or its Licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by the Fair or our licensors or the Fair has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our website. Unless otherwise indicated, all logos, names, package designs and marks on the website are trademarks or service marks of, or used under license by the Fair. The use or misuse of any of these materials is strictly prohibited. The Fair, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the website. the Fair does not grant any license to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the website in accordance with this Agreement. Any product and/or trade names that are mentioned on the website or are provided as part of the Services may be trade-marks of their respective owners. the Fair reserves all rights that are not expressly granted to you in this Agreement. The Fair’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trade-marks and logos contained therein (“IP”). The IP is owned by or licensed to the Fair, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content provided by the Fair is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Fair and/or the respective owners.
5. Lawful Use/Obligations
You agree to use the website or its contents for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the website or otherwise in any way exploit any of the content of the website, in whole or in part. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the website any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, damage the Fair or other parties, or otherwise violate any law, or which, without The Capital Fair’s express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the website to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the website. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights, and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying or interferes in any way with the proper functioning of the website will not be permitted. USER CONDUCT The website provides many features to review and register for offers, tickets, competitions, contests, surveys, games, etc. We do not control the messages, information or files delivered to the website, unless otherwise noted therein. Use of the website is entirely at your own risk. However, we reserve the right at all times, subject only to our Privacy Policy to disclose any information arising out of or relating to transmissions through the website, including, without limitation, as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. You should assume that communications with the website are not confidential. You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Contributor Content”), whether publicly posted or privately transmitted, are the sole responsibility of the contributor from whom such contributor content originated. You are entirely responsible for any information that you upload, publish, post, email, transmit, or otherwise make available to the website. Without limitation, by using the website you agree not to:
• Publish, upload, post, email, or otherwise make available any content, as determined by us, that is harmful, threatening, abusive, stalking, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;
• Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade-mark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
• Collect or store any data about other users or third parties without their express written consent;
• Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
• Post or transmit any information, software or other material which contains a virus or other harmful component; or
• Engage in any conduct that in our sole discretion restricts or inhibits any other user from using or enjoying the website. Such conduct will not be permitted by you and we reserve the right, in our sole discretion, to terminate your access to all or part of the website, with or without notice and for any reason whatsoever, subject to applicable laws.
6. User’s Grant of License
By posting or submitting content to the website, including but not limited to any feedback you provide us with, you grant the Fair a perpetual, non-exclusive and royalty-free licence to use, reproduce, display, perform, adapt, edit, modify, distribute and promote the content in any form, anywhere and for any purpose, provided the same adheres with our Privacy Policy. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the website and that our public posting and use of your content will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark or trade secret rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to the Fair. the Fair shall retain the right, but not the obligation, to monitor, edit or otherwise change your posting or other content, submitted to the website, without your permission. You further represent and warrant that you are the age of majority in your province of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Use.
7. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT ALL INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE FAIR AND/OR ITS SUPPLIERS DO NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER THE FAIR NOR ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. COMPANY MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY OR AS REQUIRED BY LAW. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE FAIR, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Hold Harmless and Indemnification
You agree to defend, indemnify, and hold the Fair and each of their respective employees, officers, directors, agents, consultants and licensees harmless from and against any and all liabilities, claims, damages, costs or debt and expenses, including attorney’s fees, that arise from (i) your use or misuse of the website, including without limitation your violation of the Terms of Use herein; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that any content submitted by you causes damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms of Use and your use of the website.
10. Monitoring Content
The Fair shall have the right, but not the obligation, to monitor, edit, refuse to post and/or remove any content on or from the website, in whole or in part, to determine compliance with this Agreement and any operating rules established by the Fair and to satisfy any law, regulation or authorized government request.
11. Local Laws
By choosing to access the website from any location other than the Province of Ontario, you accept full responsibility for compliance with all local and federal laws that are applicable. The Fair makes no representation that materials on the website are appropriate or available for use in locations outside such Province, and accessing them from territories where their contents are illegal is prohibited.
12. Security and Privacy and Non-Confidentiality
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using. For contractual purposes, you agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Fair provides to you electronically satisfy any legal requirement, such as Canadian anti-spam laws, and that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You acknowledge and agree that your name, birth date, gender, phone number and email address submitted in connection with the website may be maintained by the Fair and/or its contractors or agents and may be used to send offers, promotions or contests, with all other use to carried out in accordance with our Privacy Policy. You consent to the Fair and/or its contractors or agents using your information for these purposes. You may withdraw this consent at anytime. Any communications between you and the Fair, such as email, phone calls, SMS or other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the website will be deemed to be non-confidential and non-proprietary and you agree that such information, with the exception of the information, may be used by the Fair without any limitation whatsoever. You grant to the Fair a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our website or advertising campaigns) in any manner that the Fair chooses, without any obligation to you.
13. Choice of Law
These Terms of Use shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the website (including non-contractual disputes or claims) shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
14. Integration and Severability
These Terms of Use and our Privacy Policy and any other legal notices published by the Fair on the website shall constitute the entire agreement between the Fair and you with respect to the subject-matter herein and supersedes all prior or contemporaneous communications and proposals between us with respect to the website. If any provision of these Terms of Use is determined to be invalid or unenforceable, that portion will be construed consistent with applicable law and all other provisions shall remain in full force and effect.
15. Unauthorized Use and Termination
You agree to use the website only for authorized and legal activities. the Fair reserves the right, in our sole discretion, to terminate your access to all or part of the website, with or without notice and for any reason whatsoever.