Updated November 16th, 2015
1. Acceptance of Terms through Use
2. Links to Third Party websites & Services
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
• 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
7. DISCLAIMER OF WARRANTIES:
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
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
13. Choice of Law
14. Integration and Severability
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.
16. Privacy and Disclosure