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TERMS AND CONDITIONS FOR TOURISMPARTNERS.COM

Access to and use of all or any part of this website (the "Site") is conditional upon your continued acceptance of and compliance with the following provisions.

As a condition of Registering to access this Site, we will be asking you to acknowledge that you have read, understood, accept and will comply with these Terms of Use. If you decline, you may still access the site as an Anonymous User but that may limit what you can do on the site.

This Site is operated by The Ontario Tourism Marketing Partnership (OTMPC). If you have any questions please contact info@tourismpartners.com, or by mail at Ontario Tourism Marketing Partnership Corporation, 10 Dundas Street East, Suite 900, Toronto, Ontario M7A 2A1.

 

1. General Terms of Use

By continuing to access or participate in this Site, you are also agreeing to comply with the general Terms of Use that are incorporated into and form part of these Terms & Conditions for Registered OTMPC Partners. Please read the general  Terms of Use.

2. A "Registered OTMPC Partner"

This document contains all of the terms and conditions that apply to your participation in this Site as a Registered OTMPC Partner. A "Registered OTMPC Partner" (sometimes referred to simply as "Partner") is a tourism operator that has applied to OTMPC for registration, whose application has been accepted by OTMPC in accordance with criteria established by OTMPC, and whose registration has not been suspended, revoked or cancelled by OTMPC.

3. OTMPC Responsibilities

Subject to the other provisions of these Terms & Conditions, OTMPC's responsibilities are as follows:

a. If a Partner has registered and been approved for a business /event/package listing, OTMPC will at no charge display such listing on the www.ontariotravel.net​ site which will include the Partner's name, address, telephone number, fax number, website address and email address and other content as approved. 

b. If OTMPC in its sole discretion is of the opinion that disclosure of Partner Information is for the direct or indirect benefit to the Partners, OTMPC may enter into an agreement, with or without payment for the disclosure and use of the Partners Information.

4. Partner Responsibilities

a. The Partner is solely responsible for providing OTMPC with updated information concerning its name, address, telephone/fax number, email address, web site address, etc. whenever changes occur.

b. The Partner is solely responsible for developing and supplying to OTMPC the content that the Partner proposes for display on the www.ontariotravel.net site. Such content must be supplied in the format specified by OTMPC.

c. The Partner is solely responsible for ensuring that the information and content displayed is correct and accurate.

d. The Partner is solely responsible for informing OTMPC of any required updates or corrections to any information and content displayed.

e. OTMPC's acceptance of any content submitted by the Partner for display on this Site is premised on and is made in reliance on the Partner's express representation that it has proper legal authority to use and submit the content for such purpose. In consideration of OTMPC accepting any such content for display, the Partner agrees to indemnify and hold OTMPC harmless from any liability, loss and expense, including court costs and lawyers' fees, arising out of display or publication of the content. Such indemnification shall include, but is not limited to, any claim or lawsuit for libel, plagiarism, copyright or trademark infringement, infringement of moral rights, invasion of privacy, or any other claim that derives from the content or OTMPC's use of or dealings with the content in accordance with these Terms & Conditions.

f. The Partner shall not in any way represent or imply in any way to any person that OTMPC has recommended, endorsed or approved the Partner or the Partner's goods or services, or that there is any joint venture, partnership, employment or agency relationship between the Partner and OTMPC.

g. The Partner will defend, indemnify and hold harmless OTMPC, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) its breach of these Terms & Conditions; or (ii) its use of this Site, the content contained in this Site and the placement or transmission of any information or other materials on this Site made by the Partner or others using its account. The Partner will promptly notify OTMPC immediately after it becomes aware of any unauthorized use of its account and take such reasonable steps as are necessary to prevent any reoccurrence of such event.

h. OTMPC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Partner. The Partner will co-operate as fully as reasonably required in the defence of any claim.

i. The Partner consents to the disclosure and use of the Partner's Information and site content as described in these Terms and Conditions in accordance with any agreement entered into between the OTMPC as described in clause b of section 3.

5. Approval of Partner Content

a. OTMPC reserves the right to review and approve or reject any content proposed by the Partner before such content is displayed on this Site. Without limiting the generality of the foregoing, OTMPC reserves the right to reject content that is determined by OTMPC in its sole discretion to be potentially illegal, objectionable, misleading, in poor taste, adverse to the public interest, or otherwise inappropriate or inconsistent with the purposes of the www.ontariotravel.net site or OTMPC. No content will be accepted which in any way implies OTMPC's recommendation, endorsement or approval of the Partner or its goods and services.

b. OTMPC may at any time and for any reason unilaterally alter, edit, cease to display, reject, or refuse to display any content even if similar content was previously accepted.

c. OTMPC reserves the right to refuse to display any link to a Partner's web site if such site contains content that is determined by OTMPC in its sole discretion to be potentially illegal, objectionable or otherwise inconsistent.

6. Licence of Partner Content

The Partner hereby grants to OTMPC a non-exclusive, irrevocable, transferable, fully paid-up, world-wide, royalty-free licence to use and deal with all the information and content supplied by the Partner to OTMPC hereunder in accordance with the requirement of these Terms & Conditions.

7. Disclaimers

a. OTMPC cannot guarantee specific layouts, positioning or display of content on this Site. OTMPC has the absolute final right to determine layout, positioning and display of content.

b. OTMPC disclaims all warranties, representations and conditions regarding this Site, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

c. OTMPC is not responsible for any direct, indirect, special, incidental, consequential, punitive or any other damages whatsoever and howsoever caused, arising out of any errors or omissions by OTMPC or out of or in connection with this Site or the use of this Site or any delay or inability to use this Site or from reliance on OTMPC or this Site or any information, content, products or services obtained through this Site, including without limitation any loss of use, lost data, lost profits, business interruption, personal injury, or any other pecuniary or non-pecuniary loss, whether based on negligence, breach of contract or any other cause of action, even if OTMPC has been informed of the possibility thereof.

d. OTMPC will not be responsible for delays or non-performance of any contractual obligation due to any cause beyond OTMPC's reasonable control including, without limitation, labour stoppages, accidents, strikes, fires and acts of God.

e. If you are dissatisfied with this Site or these Terms & Conditions, your sole and exclusive remedy is to discontinue using and participating in this Site.

8. General

a. No joint venture, partnership, employment or agency relationship exists between any Partner and OTMPC as a result of these Terms & Conditions or use of or participation in this Site.

b. If any term or condition of these Terms & Conditions, or the application thereof to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of these Terms & Conditions, and the application of such term or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

c. A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in any proceeding based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form in the ordinary course of business.

d. Any rights not expressly granted in these Terms & Conditions are expressly reserved.

e. The parties are deemed to have required that these provisions and all documents relating thereto be drawn up in English.

9. Amendments to these Terms & Conditions

OTMPC reserves the right to change these Terms & Conditions at any time. Notice of any such changes will be posted on this Site's home page. Your use of this Site is governed by the Terms & Conditions in effect at the time of such use. You should therefore check these Terms & Conditions periodically.

 

TERMS OF USE

 

Disclaimer - Links to Other Third Party Websites

This Site contains links to other websites that are created and maintained by, and are under the control of, third parties other than OTMPC. Those third parties are solely responsible for the information contained within their respective sites. The operators of such sites may impose their own terms of use in connection with access to and use of their sites. It is your responsibility to inform yourself of and to abide by those terms of use.
Any specific comment or inquiries regarding those sites should be directed to the operators of those sites. Such sites may not be available in French.

OTMPC does not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed at, such sites. In providing links to such sites, OTMPC is in no way acting as a publisher of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites. OTMPC has not reviewed, and does not endorse or recommend any of the operators, products, events, services or facilities that may be listed on such sites, and any reliance by you on such listings shall be at your sole risk. A reference or listing on such sites shall not be interpreted as any kind of endorsement or guarantee by OTMPC of availability or quality of the events or facilities, or of the accuracy of the information concerning such events or facilities.

A link to another site should not be construed to imply that the Site is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention or listing of another party or its products, events, services or facilities on the Site is not to be construed as an endorsement or recommendation of that party or its products, events, services or facilities.

Reliance on Entrust.net SSL Web Server Certificates is governed by the terms and conditions of the Entrust.net SSL Web Server Certificate Practice Statement (www.entrust.net/CPS) and by the Relying Party Agreement (www.entrust.net/customer/relyingparty.htm). Reliance on an Entrust.net SSL Web Server Certificate shall constitute acceptance of the terms and conditions of the Entrust.net SSL Web Server Certification Practice Statement and the Relying Party Agreement.

Although we attempt to verify all links on a regular basis, there is a possibility that a particular site you are attempting to link to is not operational. We would be pleased to hear from you at info@tourismpartners.com if you have found what appears to be a broken link.

No Liability

OTMPC disclaims all warranties, representations and conditions regarding use of the Site or the information or services provided, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

OTMPC is not responsible for any direct, indirect, special, incidental, consequential or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the Information available on the Site, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether based on negligence, breach of contract or other cause of action, even if OTMPC has been informed of the possibility thereof.

Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless OTMPC, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these Terms of Use; or (ii) your use of this Site, the content contained in this Site and the placement or transmission of any information or other materials on this Site made by you or others using your account. You agree to promptly notify OTMPC immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Ownership

All rights including copyright in this Site and all of the information and materials found thereon, including without limitation the HTML code and any other code used to generate any portion of this Site, belong to OTMPC or third parties who have granted a licence to OTMPC to use their property. None of the content, information and materials found on this Site are to be copied, reproduced, republished, distributed, sold, transferred or modified without OTMPC's prior express written permission. No derivative works or compilations are to be made of any of the content, information or materials found on this Site without OTMPC's prior express written permission. Any trademarks, logos, service marks, official marks or other marks displayed on this Site are the property of OTMPC or third parties and nothing on this Site is to be construed as granting, whether by implication, estoppel or otherwise, any licence or other right to use any such trademarks, logos, service marks, official marks or other marks without the prior express written permission of their owners.

All rights, including copyright, in any information (including articles and other content) linked to from but not hosted on this Site continue to be owned by their respective owners.

Any rights not expressly granted in these Terms of Use are expressly reserved.

Confidentiality Warning

Although OTMPC takes all reasonable measures to maintain the security of this Site, the internet is not a secure medium and security and privacy cannot be ensured. Internet e-mail is especially vulnerable to interception and forging. OTMPC will not be responsible for any damages you may suffer as a result of transmitting confidential information through the internet, or implicitly or explicitly authorizing OTMPC or others to send confidential information to you in this manner.

Unlawful and Prohibited Uses

This Site is strictly for personal and non-commercial use. You may not modify copy, transmit, distribute, display, publish or reproduce this Site or any part thereof for any purpose other than your own personal and non-commercial use.

You agree that your use of the Site, and the information and services provided, will not violate any applicable local, provincial, state, federal, national, international or other laws, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the internet by their residents.

You agree that you will not use this Site, and the information and services provided, for any purpose that is prohibited by these Terms of Use. Actions that you agree not to take include, without limitation: (i) taking or attempting to take any action that grants or would grant you access to the Site to an extent greater than authorized by OTMPC; (ii) taking or attempting to take any action that results or would result in any unauthorized modification, addition or deletion to the Site; (iii) taking or attempting to take any action that violates or would violate the security of the Site; (iv) taking or attempting to take any action that imposes or would impose an unreasonable or excessively large load on the Site's resources or infrastructure; (v) knowingly providing false or misleading information to OTMPC.

Linking to this Site

You may create bookmarks to any page within the Site for personal, non-commercial use.

You agree that you will not without OTMPC's express prior written consent: (i) direct links to pages within this Site otherwise than to its home page, including without limitation direct links to search functions; (ii) re-use or re-display any content or modification of any content on this Site; or (iii) redeliver any content of this Site by use of "frames" or otherwise.

Choice of Law

The laws of the Province of Ontario and of Canada shall govern as to the interpretation, validity and effect of these Terms of Use despite any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use or your use of the Site or of the content, information and services provided.

General

Use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including, without limitation, this paragraph.

No joint venture, partnership, employment or agency relationship is created as a result of these Terms of Use or your use of this Site.

If any term or condition of these Terms of Use, or the application thereof to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of these Terms of Use, and the application of such term or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any proceeding based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form in the ordinary course of business.

The parties are deemed to have required that these provisions and all documents relating thereto be drawn up in English.

Collection of Personal Information

Please read our Privacy Policy which governs the manner in which we collect, use and disclose personal information. This Privacy Policy is incorporated into and forms part of these Terms of Use.

Amendments to these Terms of Use

OTMPC reserves the right to change these Terms of Use at any time. Notice of any such changes will be posted on the Site's home page. Your use of the Site is governed by the Terms of Use in effect at the time of such use. You should therefore check these Terms of Use periodically.

NOTICE OF COLLECTION FOR TOURISMPARTNERS.COM

The personal information you choose to provide to us to register as a Partner is needed to do what you ask us to do, such as to: 1) Set up a secure User ID with a strong password to protect that Personal Information so that only you are authorized to access it; 2) Permit you to submit your business listing or event or package for the www.ontariotravel.net website 3) Sign up for e-newsletters or emails; 4) Ask if you would like to complete survey/questionnaires; 5) Respond to your inquiries and comments. After registering as a user, subsequent web pages may seek your input of additional personal information to do what you ask us to do.

Your personal information may be used to create aggregate summaries of general demographic information for statistical and research purposes, program, publication, advertising and website evaluation and improvement.

Additional information regarding our collection, use and disclosure of personal information as well as how to request an update or deletion of your user account can be found in OTMPC Privacy Policy.

OTMPC is collecting the information in accordance with section 3 of O.Reg. 618/98 made under the Development Corporations Act.

Questions or comments about our handling of personal information can be directed to Customer Feedback, Ontario Tourism Marketing Partnership Corporation, 10 Dundas Street East, Suite 900, Toronto, Ontario M7A 2A1, or e-mail info@tourismpartners.com .