Destination Canada – Canadian Tourism Data Collective
IMPORTANT NOTICE – PLEASE READ BEFORE ACKNOWLEDGING RECEIPT OF THESE TERMS AND CONDITIONS
These terms and conditions of use (the “Terms”) apply to the use of Destination Canada’s Canadian Tourism Data Collective site (the “Site”) and the content contained therein. These Terms constitute an agreement between Destination Canada and the person accessing the site (“You”) and take effect when You click an “Accept” button or check box presented with these Terms or, if earlier, when You access the Site. If You do not unconditionally agree to all of these Terms, do not use any of the services described herein.
If you have entered into a separate written agreement with Destination Canada governing your use of other Destination Canada services, including other subscribed services accessed through the Site which may require an account, the terms and conditions of that agreement will take priority over these Terms to the extent that they are inconsistent with these Terms.
Destination Canada reserves the right, at its discretion, to modify these Terms at any time. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Site by You following such modifications constitutes Your acceptance of the modified Terms.
1.0 Site Content
1.1 You agree and acknowledge that all materials contained on the Site (including, but not limited to text, graphics, news articles, blog articles, reports, photographs, images, illustrations, audio clips and video clips, collectively known as “Content”) is owned or licensed by Destination Canada, including all copyright in the Content. Use of the Content without the consent of Destination Canada or contrary to these Terms is an infringement of Destination Canada’s copyright in the Content.
1.2 Trademarks used and/or displayed on the Site are the registered or unregistered trademarks or official marks (Canada) of Destination Canada or are trademarks licensed to Destination Canada by the trademark holder. No license to use the trademarks is granted without the express written permission of Destination Canada or as expressly set out in these Terms.
1.3 You may download, copy, and store the Content for Your personal and non-commercial use, provided that You maintain all copyright attribution and other notices contained in such Content. Copying or storing of any Content for other than personal and noncommercial use is expressly prohibited without prior written permission from Destination Canada, or from the copyright holder identified in such Content’s copyright notice.
1.4 You agree not to:
a) sell or otherwise commercially exploit any Content;
b) modify, correct, translate, adapt, enhance, further develop, or otherwise create derivative works of the Content; or
c) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any copyright, trademark, patent, or other intellectual property or proprietary rights or other symbols, notices, or marks on the Content.
2.0 Use of the Site and Content
2.1 You agree to use the Site and the Content only for purposes that are expressly permitted by these Terms and to comply with any restrictions set out in these Terms.
2.2 As a condition of Your use of the Site, You agree that You will:
a) comply with all applicable laws, including privacy laws and anti-spam laws;
b) not use the Site or its Content in a way that brings Destination Canada or any third party into disrepute or causes Destination Canada to be liable to any third party;
c) not engage in any activity that interferes with or disrupts the Site or interferes with Destination Canada’s ability to maintain the Site;
d) not use any automated means or form of scraping or data extraction to access or query;
e) not infringe, misappropriate or violate any third party’s intellectual property rights;
f) not include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Destination Canada’s sole discretion;
g) not involve, provide, or contribute any false, inaccurate, or misleading information;
h) not include, send, knowingly receiving, upload, download, use, or reuse any material that does not comply with these Terms;
i) not promote any illegal activity, or advocate, promote, or assist any unlawful act; and
j) not give the impression that Your opinions originate from or are endorsed by Destination Canada or any other person or entity if this is not the case.
2.3 Destination Canada reserves the right to prevent or suspend Your access to the Site if You do not comply with any part of these Terms or any applicable law.
3.0 Third Party Links
3.1 The Site may provide links to other online sites or resources for informational purposes. You understand and acknowledge that that by clicking or activating such links You will leave the Site and go to the other website. You acknowledge that Destination Canada does not screen, review, approve, or otherwise endorse any content or information contained in these linked websites. You further acknowledge and agree that Destination Canada is not liable or responsible for any content from such sites or resources and You hereby release Destination Canada from any such liability.
4.0 Privacy
4.1 Please refer to Destination Canada's Privacy Policy for information on how Destination Canada collects, uses, and discloses personally identifiable information from its users. Destination Canada’s privacy policy is hereby incorporated into these Terms.
5.0 Submitting Content
5.1 The Site may contain features that allow You to submit content to the Site (“User Submission”). You represent and warrant that any User Submissions You supply to Destination Canada is and shall be Your own original work and has been lawfully provided to Destination Canada and that You have all necessary consents to provide this to Destination Canada. You agree that You waive all moral rights You may have in any such User Submissions but that any personal data You supply with Your User Submissions may be used by Destination Canada as described in Privacy Policy. All content submitted through the Site must be in compliance with all applicable laws.
5.2 By providing any User Submission to the Site, You grant Destination its licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Submissions for any purpose.
6.0 Feedback
6.1 To the extent You provide Destination Canada with any feedback regarding the Site or its Contents, You acknowledge that such feedback is voluntary and, even if designated by You as confidential, Destination Canada may use the feedback for any purpose without obligation of any kind. Destination Canada will not disclose the source of any feedback to any third party without the consent of the party providing the feedback. Unless the parties specifically agree in writing, any feedback will not create any confidentiality obligation on Destination Canada.
7.0 No Reliance
7.1 The content of the Site is intended for informational purposes only and does not constitute legal, business, technical or other professional advice or an opinion of any kind. Any reliance on the Site and its Contents shall be at Your own risk. Destination Canada does not guarantee the accuracy, completeness, integrity, quality or appropriateness of any Content. You agree that it is solely Your responsibility to evaluate the use, accuracy, usefulness, completeness, or appropriateness of any Content.
8.0 Disclaimer and Limitation of Liability
8.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS 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.
8.2 NEITHER DESTINATION CANADA NOR ITS 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 SITE OR ITS CONTENTS.
8.3 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DESTINATION CANADA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
9.0 Indemnity
9.1 You will indemnify all costs and legal fees, and hold harmless, Destination Canada, the federal government of Canada, their affiliates, directors, officers and employees, from and against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any claim or demand (i) made by any third party due to or arising out of Your use of the CTDC or its Contents; (ii) Your violation of these Terms; (iii) Your use of the CTDC or its Contents; or (iv) the infringement by You, or any third party using Your account, of any intellectual property rights or other rights of any person or entity.
10.0 Geographic Restrictions
10.1 Destination Canada is based on British Columbia, Canada. Destination Canada provides the Site for use only by persons located in Canada. The Site is not intended for use in any jurisdiction where its use is not permitted. If You access the Site from outside Canada, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction.
11.0 Reporting and Contact
11.1 The Site is operated by Destination Canada.
11.2 You believe in good faith that materials hosted by Destination Canada infringe Your copyright, You must provide Destination Canada with written notification. The procedure outlined below is exclusively for notifying Destination Canada that your copyrighted material has been infringed and is not a final assertion of any rights to the Content that You may have.
11.3 Your written notification must include the following:
a) a clear identification of Your copyrighted work that You claim is being infringed;
b) a clear identification on the Site(s) of the location of Your copyrighted work;
c) Your full name, telephone number, email address and physical address and your signature; and
d) send Your notice to:
Destination Canada
Attention: Legal Services
Suite 800, 1045 Howe Street
Vancouver, BC, V6Z 2A9
Tel: (604) 638-8300
11.4 Please note that You may be liable for damages if You make a false claim of copyright infringement.
11.5 Destination Canada will review and appropriately address all notices that comply with the requirements above.
Governing Law and Choice of Forum
11.6 These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada without regard to the conflict of laws provisions thereof. You agree that all claims You may have against Destination Canada arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Vancouver, British Columbia, Canada. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
12.0 General
12.1 You may not call yourself (in any manner, whether orally or in writing, including in websites and emails) a partner of Destination Canada or any similar term merely because you have been granted access to the Site, nor will You represent or imply that Destination Canada has in any recommended, endorsed, or approved how You use the Content.
12.2 These Terms are not assignable, transferable, or sub-licensable by You except with Destination Canada’s prior written consent. Destination Canada may freely assign these Terms. The Agreement is binding on the parties and their respective permitted successors and assigns.
12.3 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.
12.4 Destination Canada shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Destination Canada’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
12.5 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
12.6 The Terms and our Privacy Policy constitute the sole and entire agreement between You and Destination Canada regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.