Web Site Legal Terms and Disclaimer
Your access to the Destination Halifax web site (which term includes “destinationhalifax.com” and all other Destination Halifax branded URLs and is sometimes referred to herein as “this website”) is subject to legally binding terms and conditions, which are set out in detail below.
These include the following:
- All content on this website is owned by Destination Halifax Society (“Destination Halifax”) and/or its licensor(s).
- You can download and copy the content of the website for private personal use only. Other uses are restricted.
- If You upload or otherwise provide content or information to this website or send it to Destination Halifax by e-mail or otherwise, Destination Halifax will own and can use that information for free and for any purpose.
- Destination Halifax has policies and procedures in place to protect your personal information.
- Destination Halifax’s liability to you for the use of this website is limited.
- If anyone brings a claim against Destination Halifax because of your use of this website, you will compensate Destination Halifax.
Carefully read all of the following terms and conditions. Using this website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that You intend to be legally bound by them.
In consideration of your use of this website, you represent and warrant that:
- you are: (i) of legal age to form a binding agreement, which in the Province of Nova Scotia is 18 years of age or (ii) your parent(s) or legal guardian(s) is aware of your intention to agree to this Agreement and has given you their consent to do so;
- you are not a person barred from receiving services under the laws and regulations of Ontario, Canada and/or other applicable jurisdictions; and
- you will provide true, accurate, current and complete information about yourself as prompted and you will maintain and promptly update such information to keep it true, accurate, current and complete.
This Web Site Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“You”) and the Destination Halifax Society (“Destination Halifax”). “We” and “Us” means both You and Destination Halifax. The effective date of this Agreement is when You accept or are deemed to accept this Agreement.
You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, including any exchange of information between any e-mail address which You provide to us and email@example.com or any other e-mail address which Destination Halifax provides to You. You hereby agree that this electronic Agreement shall be the equivalent of a written paper agreement between Us.
1. Ownership And Copyright. You hereby acknowledge and agree that this website and all content published or otherwise accessible through this website, in the past, now and/or in the future, including, but not limited to articles, text, photographs, images, illustrations, logos, designs, trademarks, audio clips, video clips, contest entries, software and all other materials and intellectual property (collectively, the "Content") are protected by copyright, trademark and other applicable laws and are owned and controlled by Destination Halifax and/or its licensor(s). In addition, the Destination Halifax web site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws.
For greater certainty, You hereby acknowledge and agree that Destination Halifax and/or its licensor(s) is/are and shall remain the sole and exclusive owner(s) of the Destination Halifax web site and the Content and all intellectual property associated therewith and that Destination Halifax is and shall be the owner of any and all materials posted by You on/in association with the Destination Halifax web site, including but not limited to all copyrights, trademarks, trade secrets, patents, logos, designs and other content, and upon such posting(s) by You, such materials shall be deemed part of the Content of the Destination Halifax web site. For greater certainty, and without limiting the generality of the foregoing, You hereby transfer all right, title and interest You may have or hereinafter acquire in or related to the Content and hereby waive all moral rights You may have in regard to the Content. You also hereby waive and agree to waive any and all moral rights associated with the Content and represent and warrant that all Content posted and/or otherwise made available by You is and shall be owned and controlled exclusively by You and that you have and will have the authority to transfer such right, title and interest.
For references purposes only, our licensors include, but are not limited to:
- Destination Halifax Leisure Travel Marketing Program partners;
- Destination Halifax members
- Festival & Event Planners; and
- Nova Scotia Tourism Agency.
2. Permitted Use. By your agreeing to and abiding by the terms and conditions of the Agreement and your continued use of the Destination Halifax web site generally, Destination Halifax hereby grants to You, a personal, non-transferable and non-exclusive license to access, execute, download, print and reproduce the Destination Halifax web site and the Content, in whole or in part, solely and exclusively for your personal and private, non-commercial use. Further, You may, to the extent available to do so and subject to the Agreement, use the Destination Halifax web site to access such other related information, materials and services as may be made available from/by Destination Halifax through the Destination Halifax web site from time to time hereafter.
Unless otherwise specified, any use, reproduction, modification, redistribution, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Online Services and/or the Content, in whole or in part, constitutes a violation of federal and/or common law and is strictly prohibited;
3. Restrictions On Use. For greater certainty and notwithstanding the foregoing:
(i) You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Destination Halifax web site or the Content.
(ii) You agree not to distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system;
(iii) You agree not to create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Destination Halifax web site and/or the Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
(iv) You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Destination Halifax or its licensors or allow any third-party to access the Content;
(v) You are solely responsible for the security of any username(s) and/or password(s) which may be needed to access any portion of this website and that you shall not allow anyone else to use your username(s) or password(s).
(vi) You shall not engage in any of the following prohibited activities: criminal, tortious or other unlawful activity, including but not limited to child pornography, corruption of minors, fraud (including the fraudulent purchase or use of any of this website or any services available through or on this website), trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, hacking, "spamming", "spimming", sending of viruses or other harmful files, violation of the privacy rights of another, infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets.
Note: The restrictions set out above shall not apply to the limited extent that any such restriction is prohibited by the laws of Nova Scotia and the federal laws of Canada applicable therein.
Note: Destination Halifax is not responsible for the conduct, whether online or offline, of any user of this website or any user of the Internet in general.
Destination Halifax will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Destination Halifax to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content.
The Content is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content is not intended to be used as a substitute of any kind for professional advice.
Except as expressly provided in this agreement, this web site and all Content, products, services and software on this web site or made available through this web site are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will Destination Halifax, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any direct, special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Destination Halifax or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
Without limiting the foregoing, in no event will Destination Halifax, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party web sites; the internet backbone; personal injury; third-party content, products or services; damages or losses caused by You or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use the Destination Halifax web site or the Content and/or any other web site accessed to or from the Destination Halifax web site; or events beyond the reasonable control of Destination Halifax, even if Destination Halifax or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
In no case will the cumulative total liability of Destination Halifax and/or its affiliates, agents, licensors, suppliers and their respective directors, officers and employees arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid by You to Destination Halifax to access the Destination Halifax web site in the year in which the claim arose.
The Content on the Destination Halifax web site may be changed without notice to You. Destination Halifax is not responsible for any Content or information that You may find undesirable or objectionable. Destination Halifax disclaims any liability for unauthorized use or reproduction of any portion of the web site.
7. Indemnity. You agree at all times to indemnify, defend and hold harmless Destination Halifax, its agents, suppliers, affiliates and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Destination Halifax directly or indirectly in respect of:
(i) any information or other content You provide on or through the Destination Halifax web site or by e-mail or other correspondence; or
(ii) Your use or misuse of the Content or the Destination Halifax web site, including without limitation infringement claims.
8. Termination. The Agreement is effective until terminated by Destination Halifax, with or without cause, in Destination Halifax’s sole and unfettered discretion and continues in force between us even after you cease use of the Destination Halifax web site. Destination Halifax may terminate the Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Destination Halifax shall be in addition to and without prejudice to such rights and remedies as may be available to Destination Halifax, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to Destination Halifax, Your representations and warranties and the indemnity provisions of the Agreement shall survive the termination or expiry of this Agreement.
9. Governing Law. Destination Halifax, the Destination Halifax web site and the Content (excluding linked web sites or content) are physically located and hosted within the Province of Nova Scotia, Canada. This Agreement will be governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein and shall be treated in all respects as a Nova Scotia contract, without reference to the principles of conflicts of law. In the event of a dispute, You agree to submit to the exclusive jurisdiction of the Nova Scotia courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Nova Scotia) as amended, replaced or re-enacted from time to time. Except where prohibited by law, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Destination Halifax related to this web site, the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Destination Halifax or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
10. Entire Agreement. This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this web site, constitute the entire agreement between You and Destination Halifax with respect to the use of the Destination Halifax web site and the Content.
11. Amendment and Waiver. Destination Halifax reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this web site. You are responsible for periodically reviewing the amendments on this web site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Destination Halifax web site and the Content. Access to the Destination Halifax web site or use of the Destination Halifax web site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Destination Halifax unless executed by Destination Halifax in writing. No waiver of any of the provisions of the Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
12. Severability. Any provision of the Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
13. Enurement. This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© Destination Halifax Society. “Destination Halifax” and “Halifax Sociable!” and their associated design marks are the registered trade-marks of the Destination Halifax Society.