This Agreement governs your use of this Web site. It exempts Destination Vancouver from liability or limits its liability and contains other important provisions that you should read. Each time you use this Web site, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement as it then reads, and you warrant and represent that you are at least 18 years of age. If you do not agree with each provision of this Agreement each time you use this Web site, or if you are not at least 18 years of age, you may not use this Web site.
In this Agreement:
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity
4. Jurisdictional Issues
5. Governing Law and Dispute Resolution
6. Termination of Web Site Use
7. Ownership and Permitted Use of this Web Site and its Content
8. Trademark Information
9. No Advice or Solicitation
10. Restricted Areas
11. Information Submissions
12. Links to Other Sites
13. Linking and Framing this Web Site
14. Postings and Unsolicited Submissions
15. Other Matters
This Web Site Use Agreement (referred to as the "Agreement") governs the use of this Web site and constitutes an agreement between Destination Vancouver (referred to as "Destination Vancouver") and users of this Web site, such as you. Each time you use this Web site you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you are at least 18 years of age and have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you are not at least 18 years of age, you may not use this Web site.
You may not change, supplement or amend this agreement in any manner. We may, in our sole discretion, change, supplement or amend this agreement as it relates to your future use of the web site from time to time, for any reason, and without any prior notice or liability to you or any other person.
Destination Vancouver strives to make your use of this Web site a useful and enjoyable experience. Nevertheless, Destination Vancouver does not accept any liability for your use of this Web site or its Content. For that reason, the following provisions apply to your use of this Web site or its Content:
YOU AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THIS WEB SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY FULLY DISCLAIMED BY DESTINATION VANCOUVER TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT DESTINATION VANCOUVER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINATION VANCOUVER DOES NOT REPRESENT OR WARRANT THAT:
DESTINATION VANCOUVER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THIS WEB SITE BY YOU OR ANYONE ELSE, AND REGARDLESS OF ANY NEGLIGENCE BY DESTINATION VANCOUVER OR ANYONE FOR WHOM DESTINATION VANCOUVER IS RESPONSIBLE, AND NOTWITHSTANDING THAT DESTINATION VANCOUVER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANYONE ELSE.
IN NO EVENT WILL DESTINATION VANCOUVER EVER BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY DESTINATION VANCOUVER OR ANYONE FOR WHOM DESTINATION VANCOUVER IS RESPONSIBLE, IN AN AMOUNT EXCEEDING $100 (CDN) OR THE AMOUNT YOU PAID TO DESTINATION VANCOUVER TO USE THIS WEB SITE, WHICHEVER IS LESS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DESTINATION VANCOUVER AND ALL OF ITS AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS AND LICENSEES, OFFICERS AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED INDIVIDUAL OR CORPORATE PARTIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF OR CONNECTED TO YOUR USE OF THIS WEB SITE OR ITS CONTENT AS DEFINED HEREIN, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS, OR YOUR VIOLATION OF ANY APPLICABLE LAWS. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY DESTINATION VANCOUVER IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
- LIABILITY EXCLUSION
(A) THIS WEB SITE OR ITS CONTENT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; OR
(B) THE USE OF THIS WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(C) THE USE BY YOU OF THIS WEB SITE OR ITS CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; OR
(D) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; OR
(E) THE WEB SITE WILL MEET YOUR REQUIREMENTS; OR
(F) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL OR TIMELY; OR
(G) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE
- LIABILITY LIMITATION
This Web site is controlled by Destination Vancouver from Vancouver, British Columbia, Canada. Access to this Web site from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of this Web site is lawful, and you must comply with all laws applicable in your jurisdiction.
This Agreement, your use of this Web site and its Content, and all matters relating thereto are governed solely by the laws of the Province of British Columbia, Canada and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Destination Vancouver and you arising from or relating to this Web site or its Content or this Agreement or any matters relating thereto shall be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have relating to, arising from, or connected with your use of this Web site or its Content or this Agreement or any matters relating thereto must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action shall be barred.
If you breach any provision of this Agreement, you may no longer access or use this Web site or its Content.
Destination Vancouver, in its sole discretion, may terminate your right to use this Web site or its Content at any time, for any reason, without any notice to you and without any liability to you or any other person.
If Destination Vancouver terminates your right to use this Web site, this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of this Web site prior to the termination of this Agreement, any information or materials obtained by you from this Web site, and anything connected with, relating to or arising from those matters.
This Web site and all of its content, including information (in text, graphical, video and audio forms), images, icons, software, and other elements (referred to as "Content") are the property of Destination Vancouver or its suppliers, and are protected by Canadian and international copyright, trademark, and other laws. Your use of this Web site and its Content does not transfer to you any ownership or other rights in this Web site or its Content. Your only rights are to use this Web site and its Content as described specifically in this Agreement.
This Web site and its Content are made available to you for your lawful, personal, and non-commercial use only. This Web site and its Content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Content (including the design of this Web site) may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way, in whole or in part, without the express prior written consent of Destination Vancouver.
You may access and browse this Web site using a commercially available Web browser. You may print the pages of this Web site for your personal use provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
You may not use any of the software that is used in the operation of this Web site except while you are browsing this Web site or performing other activities provided through this Web site. You may not copy any of the software used in the operation of this Web site.
DESTINATION VANCOUVERTM, VANCOUVER. SPECTACULAR BY NATURETM, www.destinationvancouver.com, DINE OUTTM, DINE OUT VANCOUVERTM are registered and unregistered trademarks and trade names owned by Destination Vancouver. Other product and company names and logos appearing on this Web site may be registered and unregistered trademarks or trade names of their respective owners.
Any use of the trademarks, trade names and logos (collectively the "Marks") displayed on this Web site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on this Web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Web site.
This Web site and its Content are for informational purposes only. They do not constitute professional, investment, legal, accounting, tax or other advice or recommendations. If you require such advice or recommendations, you must seek it from persons other than Destination Vancouver.
This Web site and its Content do not constitute an offer to sell or a solicitation to buy any product or service.
Certain areas of this Web site may be accessed only by use of a unique user identification and password. If you are provided with a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. You are fully responsible for all activities that occur under your identification or password, and release Destination Vancouver from and indemnify Destination Vancouver against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify Destination Vancouver of any unauthorized use of your identification or password.
In order to use portions of this Web site you may be required to submit information through this Web site. All information you provide through this Web site must be true, accurate, and complete. Destination Vancouver will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, Destination Vancouver, or others may incur as a result.
This Web site may include links to Web sites or resources operated by Destination Vancouver's Web site sponsors or other third parties ("Other Sites"). Links to Other Sites are provided solely for your convenience. Other Sites are independent from Destination Vancouver, and Destination Vancouver has no responsibility for or control over Other Sites, their content, or their availability. Destination Vancouver does not sponsor or endorse any Other Sites or their content or the products or services available through those sites. Your use of Other Sites and dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against Destination Vancouver arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their content.
Links to this Web site without the express written permission of Destination Vancouver are strictly prohibited. To request permission to link to this Web site, please contact firstname.lastname@example.org. Destination Vancouver reserves the right to cancel and revoke any permission it may give to link to this Web site at any time, for any reason, without any notice, and without any liability.
The framing of this Web site or any of the Content in any form and by any method is strictly prohibited.
Posting comments, communications, or any other content of any kind ("Postings") to or on this Web site is strictly prohibited.
Destination Vancouver does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential future misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Destination Vancouver.
If you send Submissions to Destination Vancouver or this Web site you automatically grant to Destination Vancouver and its assigns a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Destination Vancouver or its assigns, and you agree, warrant and represent that all moral rights in the Submissions are waived.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Destination Vancouver relating to your use of this Web site and supersedes all previous agreements, written, oral or otherwise, between the you and Destination Vancouver with respect to your use of this Web site and its Content. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and Destination Vancouver regarding other matters. Any rights not expressly granted by this Agreement are reserved to Destination Vancouver. You and Destination Vancouver are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the web site.
This Web Site Use Agreement is subject to change without notice.
Last modified: Mar 27, 2001