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A bridge over the Saint John (also known as Wolastoq) River
Fredericton Tourism

Terms of Use

Destination Canada – Webpage Terms of Use

  1. INTRODUCTION

    1. Terms of Use. These Terms of Use explain how you may use this website ("Site"). References in these terms to the “Site” include but are not limited to the following websites (in both English and French):

      1. www.destinationcanada.comExternal Link Title;
      2. www.canada.travel.comExternal Link Title;
      3. www.keepexploring.caExternal Link Title;
      4. www.gomediacanada.comExternal Link Title;
      5. www.dd.destinationcanada.comExternal Link Title;
      6. www.businesseventscanada.caExternal Link Title,
      7. www.travel.destinationcanada.comExternal Link Title;
      8. www.brand.destinationcanada.comExternal Link Title;
      9. www.voyages.destinationcanada.comExternal Link Title;
      10. www.tourismdatacollective.caExternal Link Title;

      and all associated web pages. You should read these Terms of Use carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately.

    2. Definitions
      1. "Content" means any text, graphics, images, video, audio, news articles, blog articles, photographs, images, illustrations, or other multimedia content, course content, program materials, software or other information or material submitted to, subsisting on or accessible from the Site;
      2. "Services" means any service, including but not limited to any service DC performs for you, as well as the offering of any Content on the Site, and access to and use of services offered by certain third-party service providers through the Site;
      3. "We", "Us" or "Our" means Destination Canada whose registered office is at 700-1045 Howe St., Vancouver, B.C.  V6Z 2A9; and
      4. "You" or "Your" means the person accessing or using the Site or its Content, or the entity or company they represent.
    3. Privacy Notice. These Terms of Use include our Privacy NoticeExternal Link Title.  In the event of an inconsistency or conflict between these Terms of Use and our Privacy NoticeExternal Link Title, our Privacy NoticeExternal Link Title shall supersede.   
    4. Additional Terms. These Terms of Use may be changed from time to time and also be supplemented or replaced by additional terms ("Additional Terms") relating to specific Content or Services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you agree to participate in the Services.  Your Use of the Services following the publishing of Additional Terms constitutes your acceptance of the Additional Terms. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
    5. Accessibility. We seek to make this Site as accessible as possible as outlined in our Web Accessibility Statement. If you have any problems accessing this Site or the content contained on it, please contact us at accessibility@destinationcanada.com.
  2. USE OF SERVICES AND CONTENT
    1. These Terms of Use are applicable to any Services unless otherwise indicated herein.  DC may change, suspend or discontinue any or all Services at any time, including the availability of any feature, database, third party service, or Content.  DC may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability.
    2. By accessing the Site or using the Services, you certify to DC that:
      1. if you are an individual (i.e. not a corporation) you are of legal age in the jurisdiction in which you ordinarily reside to form a binding contract;
      2. you are legally permitted to use the Services and access the Sites and take full responsibility for the selection and use of the Services and access to the Sites; and
      3. you shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Sites or otherwise use the Services, including, without limitation, hardware, software, and internet service.  You shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.  DC or its licensors retains ownership of all right, title and interest in and to the Services, the Sites, Content, and any related software or materials and all related intellectual property rights.
  3. SPECIFIC SERVICES AND THIRD PARTY SERVICES
    1. Canada Specialist Program.  The objective of the Canada Specialist Program, https://www.destinationcanada.com/en/cspExternal Link Title (“CSP”), is to educate international travel trade professionals and tourism industry users about tourism offerings in Canada. The CSP is managed by a third party service provider on behalf of DC.  When you register for the CSP, please be sure to review all applicable terms, policies, restrictions, rates and fees. DC does not guarantee any revenue or profit as a result of participating in the CSP. Certification as a Canada Specialist is not deemed authorization to act on behalf of DC in any manner or circumstance.
    2. Third Party Tourism Experiences
      1. DC is not a booking agent or tour operator.  Organizations that are featured on DC’s Sites will have their own terms and rates for booking tourism experiences.  When you book any tourism experience with a third party, please be sure to check with them for disclosure of all applicable terms, restrictions, rates and fees. It is your responsibility to verify the information provided by the third party prior to booking a tourism experience.
      2. DC may include Content provided by third party companies or individuals which may include offers for third party tourism experiences. DC is not responsible for the accuracy of Content provided by third party companies including without limitation information regarding pricing. Destination Canada does not receive a commission from any third-party companies in connection with a third-party tourism experience.
      3. Your business dealings or correspondence with, or participation in promotions of advertisers or any other third party other than DC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  To the maximum extent permitted by law, DC is not responsible or liable for any loss or damage you may incur as the result of any such dealings or as the result of the presence of third-party tourism experiences offerings on the Sites.
  4. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
    1. This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered, anywhere in the world.
    2. Trademarks used and/or displayed on the Sites are our trademarks or are trademarks licensed to DC by the trademark holder. The use or misuse of any trademarks or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
    3. Nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust nor try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
    4. You shall abide by all trademarks, copyright notices, information, and restrictions contained in any Content accessed through the Services.  The Sites are protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws and international conventions.
    5. Except where expressly provided you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
    6. Unless otherwise provided, you may download or copy a single copy of certain, specified Content, and other items displayed on the Sites for download, for personal, non-commercial use only, provided that you maintain all copyright attribution and other notices contained in such Content.
  5. CONTRIBUTING CONTENT
    1. You acknowledge and agree that if you use any of the Services to contribute Content to the Sites, DC is hereby granted a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable right to fully perform, display, distribute, make derivative works from, and otherwise exploit such Content in any medium now known or hereafter invented (including all related intellectual property rights) and to allow others to do so.
    2. You warrant, represent and agree that you will not contribute any Content that, in DC’s sole judgment, is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, does not comply with DC’s legislated mandate (Canadian Tourism Commission Act, S.C. 2000, c. 28) or otherwise violates any law or right of any third party.
    3. Content submitted by users will be considered non-confidential and DC is under no obligation to treat Content as confidential or proprietary information.
    4. Without limiting the foregoing, DC reserves the right to use the user generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.  DC is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to DC.  DC has no duty to attribute authorship of user generated Content to you other than by using your User ID (defined in paragraph 12 below).  DC shall not be obligated to enforce any form of attribution by third parties.
    5. DC reserves the right to remove any Content from the Sites at any time without notice, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if DC is concerned that you may have breached these Terms of Use, or for no reason at all.
  6. RESTRICTIONS ON USE
    1. You are prohibited from:
      1. copying, storing, selling, modifying, reproducing, displaying, publicly performing, distributing, or otherwise using any Content for any reason other than personal, non-commercial use without prior written permission from DC or from the copyright holder identified in such Content's copyright notice;
      2. using the Services, the Content, or any portion thereof for any illegal, criminal, fraudulent, or unauthorized purpose;
      3. using the Services, the Content, or any portion thereof to violate any laws, including but not limited to laws related to privacy and intellectual property rights;
      4. using the Services, the Content, or any portion thereof to transmit any encrypted files, malware, viruses, bots, or other similar spyware, worm, robotic process automation, or other such malicious or harmful technology;
      5. mirroring, displaying, using, or otherwise replicating any of the Services, the Content, or any portion thereof, on any server, website, network (including intranet), or any other such location, whether digital, physical, or otherwise, for any purpose without the express written permission of DC; and
      6. attempting to circumvent or otherwise violating or attempting to violate the security of any Service, including, without limitation:
        1. accessing Content and data that is not intended for you;
        2. attempting to breach or breaching the security and/or authentication measures, including any technological protection measures, digital locks, verification tools, or other authentication measures;
        3. restricting, disrupting, or disabling service to users, hosts, servers, or networks;
        4. illicitly reproducing TCP/IP packet header;
        5. manipulating or interfering with the transmission control protocol/internet protocol associated with any of the Services;
        6. disrupting network services, hosting services, or otherwise disrupting DC's ability to provide or monitor the Services;
        7. using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on or in the Services;
        8. introducing any viruses, trojan horses, worms, spyware, malware, logic bombs, or any other material that is malicious or technologically harmful;
        9. attacking the Services via a phishing attack, electronic spam, business email compromise, denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing, phishing, spamming, or any other technologically harmful activity;
        10. duplicating, distributing, decompiling, reverse engineering, disassembling, or parsing any of DC's Services, platforms, software or technology; and
        11. otherwise interfering, attempting to interfere with, or damaging the proper working of any of the Services; and
      7. except where expressly provided herein or otherwise on the Site, modifying, publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works based on, distributing, performing, displaying, or in any way exploiting, any of the Content, software, materials, or Services in whole or in part.
    2. If you do any of the prohibited actions described in this Section or otherwise identified in these Terms of Use, you will be deemed to violate these Terms of Use and we will immediately terminate your ability to use the Services.
    3. You are solely and entirely responsible for your use of the Services via your devices, equipment, internet connection, and data and security environment. If your use of the Services results in the need for servicing or replacing of devices or equipment or loss of profits or data, DC will not be responsible for those costs.
    4. You are responsible for all of your activity in connection with the Services and accessing the Sites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use the Services or to access the Sites. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user. You are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential. Use of the Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including material deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail-list, Listserv, any form of auto-responder, "spam" on the Sites, or any processes that run or are activated by you. You will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
  7. SUBMITTING INFORMATION TO THE SITE
    1. The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property.
    2. By transmitting or posting any submission or other material to us via our Site, you agree that, subject to our Privacy NoticeExternal Link Title, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
    3. In submitting your Content to us, you represent and warrant that any Content you supply and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content.
    4. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, royalty-free, freely transferable worldwide and does not prevent you from using your own material subject to applicable law.
  8. USE OF PUBLIC FORUMS
    1. DC encourages you to share your inspiring comments, photos and videos of Canada on our forums and social media sites. We want everyone to be inspired to explore Canada.
    2. DC does not claim any ownership rights in photos or other content you post on our social media sites or any other area, site, or feature, offered, owned, or run by DC that offers the opportunity for you to submit content for viewing by one or more other users ("Public Forums").However, by submitting any material to any of our Public Forums you hereby automatically grant, or warrant that the owner of such material has expressly granted, to DC, its affiliates, partners, service providers, representatives, and any of their successors, and assigns, in perpetuity, a world-wide, royalty-free, irrevocable, non-exclusive right and license to publish, display, reproduce, modify, edit, adapt, translate, copy, distribute, or otherwise use your submitted content (in any format or media, in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such submitted content.
    3. You acknowledge that Public Forums are for public and not private communications, and you have no expectation of privacy with regard to any submitted content you make on or to a Public Forum. DC cannot guarantee the security of any submitted content or other information you disclose through any Public Forum, and as such, you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks, or other content regarding other users, service providers, DC, or any other third party. You may be held legally responsible for damages suffered by other users, CTC, or third parties as a result of legally actionable or defamatory comments, remarks, or other information or content which you post to a Public Forum.
    4. DC respects intellectual property laws. By posting and/or submitting material to DC social media sites, you represent and warrant that you have the right to share the material in your submitted content, including (without limitation) trademarks and copyrighted material, and that such submitted content complies with these Terms of Use and with applicable laws and regulations. Do not post or submit any third party materials unless you have first obtained consent from the owner of such materials.
    5. DC is not legally responsible for any submitted content, even if the submitted content is defamatory or otherwise legally actionable. You are and will remain solely responsible for the submitted content you distribute on or through any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your submission, distribution, and posting of submitted content.
    6. You acknowledge that your use or reliance upon any submitted content posted in any Public Forum is at your own risk. DC is not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of any users or the information they post in any Public Forum. Therefore, we recommend that you are careful and exercise common sense and good judgment when using any Public Forum or information obtained therefrom.
    7. We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any submitted content from any Public Forum that violates these Terms of Use.
    8. Material that DC, in its sole an absolute discretion, determines to be inappropriate, will be removed without notice. Inappropriate material includes, but is not limited to:
      1. violent, obscene, profane, hateful, or racist posts, links or images;
      2. comments that threaten, defame or harass any person or organization;
      3. solicitations, advertisements, or endorsements;
      4. comments that suggest or encourage illegal activity;
      5. comments that involve, provide or contribute any false, inaccurate or misleading information;
      6. comments that give the impression they originate from or are endorsed by someone other than you; and
      7. multiple successive off-topic posts by a single user or repetitive posts.
  9. TERMINATION OF RIGHTS OF USE
    1. DC may terminate or suspend any and all Services and access to the Sites for any or no reason, including, without limitation, any violation of these Terms of Use immediately, without prior notice or liability.  You may terminate your access to the Services at any time upon written notice to DC.  Upon termination of your account, your right to use the Services, access the Sites and any Content requiring a User ID will immediately cease.  All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
    2. Any use of the Sites in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Sites.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect DC’s systems and users, or to ensure the integrity and operation of DC’s business and systems, DC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.  DC’s right to disclose any such information shall be in accordance with DC’s Privacy NoticeExternal Link Title, the Privacy Act, R.S.C., 1985, c. P-21, the Access to Information Act, R.S.C., 1985, c. A-1, and any similar applicable legislation in the jurisdiction in which you are using the Service.
  10. REPORTING AND CONTACT
    1. If you believe in good faith that materials hosted by DC infringe your copyright, you must provide DC with written notification as soon as practicable.  The procedure outlined below is exclusively for notifying DC that your copyrighted material has been infringed and is not a final assertion of any rights to the Content that you may have.
    2. Send written notification including the following:
      1. a clear identification of your copyrighted work that you claim is being infringed;
      2. a clear identification of the Site(s) and the location where your copyrighted work is located; and

      3. Your full name, telephone number, email address and physical address and your signature;
        to:
        Destination Canada
        Attention: Legal Services
        Suite 700, 1045 Howe Street
        Vancouver, BC, V6Z 2A9
        Tel: (604) 638-8300

        Please note that you may be liable for damages if you make a false claim of copyright infringement.

    3. DC will review and appropriately address all notices that comply with the requirements above.
    4. All other feedback, comments, requests for technical support, and other communications relating to the Site should be submitted to https://www.destinationcanada.com/en/offices-contactsExternal Link Title.
  11. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
    1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our Services and news, features, and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
    2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
  12. HYPERLINKS AND THIRD PARTY SITES
    1. The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. If you decide to access linked third-party websites or download such third-party items, you do so at your own risk. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the Terms of Use of that third-party site. You agree that we are not liable for any harm, injury, damage, or loss caused by your access and use of such third-party sites or downloads. Any issues, questions or concerns arising out of your use of third-party sites should be directed to the relevant third-party.
  13. WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY
    1. You agree that your use of the Site is on an “as is” and "as available" basis and is being accessed completely voluntary and at your own risk. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency, security, suitability, reliability, non-infringement, or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose. DC does not warrant that the services will operate error-free, uninterrupted, free of technologically harmful components, or that defects will be corrected.

    2. WARRANTY DISCLAIMER. DC has no special relationship with, or fiduciary duty, to you.  You acknowledge that DC has no control over, and no duty to take any action regarding:

      1. which users gain access to the Sites;
      2. what Content you access via the Sites;
      3. what effects the Content may have on you;
      4. how you may interpret or use the Content; or
      5. what actions you may take as a result of having been exposed to the Content.

      And you release DC from all liability associated with your access and use of Content.

    3. DC is not responsible for the content of linked third-party sites or downloads and does not make any representations or warranties regarding the content, accuracy of materials, or functionality of such third-party websites or downloads or the privacy practices of such third parties. It is your responsibility to carefully review the policies, Terms of Use of third-party sites prior to any interaction with them.
    4. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DC NOR ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY: (A) INACCURACY, ERROR IN, OR FAILURE OF ANY SERVICE; (B) DAMAGES OR LOSSES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM THE USE OF THE SERVICES, INCLUDING, FOR EXAMPLE, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, AGGRAVATED, OR EXEMPLARY DAMAGES; (C) LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL PRIVACY BREACH, OR SECURITY INCIDENT; AND (D) ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, OVERLOADING, FLOODING, MAILBOMBING, CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, BUSINESS EMAIL COMPROMISE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, INSTRUMENTS, OR COMPUTERS DUE TO YOUR USE OF THE CONTENT OR SERVICES IN COMPLIANCE WITH THESE TERMS OF USE; IN EACH CASE WHETHER OR NOT DC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR HAD REASON TO KNOW.
    5. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
    6. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law, the amounts paid by you to us in relation to your use of the Site or the Services or $100.00 CAD, whichever is less.  IN NO EVENT SHALL DC BE LIABLE TO YOU WITH RESPECT TO THE SITES OR THE SERVICES OR ANY THIRD PARTY WEB SITE OR TOURISM EXPERIENCE (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF DATA OR FAILED COMMUNICATIONS, OR (II) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU TO DC.
    7. DC takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you, or for any loss or damage you may suffer as a result, nor is DC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  DC is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any other area of the Sites.
    8. Although DC has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Sites, DC reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Sites at your sole cost and expense.
    9. Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
    10. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
    11. INDEMNITY. You will indemnify and hold harmless DC, its directors, officers, and employees, and the federal government of Canada, their affiliates, directors, officers and employees, for all costs and legal fees resulting from (i) any claim or demand made by any third party due to or arising out of your access to the Sites, (ii) your use of the Services, (iii) your violation of these Terms of Use, or (iv) the infringement by you, or any third party using the your account, of any intellectual property right or other right of any person or entity.
  14. REGISTRATION AND SECURITY
    1. As a condition to accessing or using certain Services, receiving Content or participating in promotional events such as contests, you may be required to register with DC and select a password and user name (“User ID”). You shall provide DC with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of these Terms of Use which may result in immediate termination of your account.  You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization.  DC reserves the right to refuse registration of, or cancel a User ID in its sole discretion, without notice.  You shall be responsible for maintaining the confidentiality of your password associated with your User ID.
  15. GENERAL
    1. These terms are dated December 24, 2024. No changes to these terms are valid or have any effect unless agreed by us in writing.
    2. Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our contact address as indicated in Section 9 of these Terms of Use. All notices from us to you will be displayed on our website from to time.
    3. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. DC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    4. If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right. These Terms of Use are void where prohibited by law and the right to access the Sites is revoked in such jurisdictions
    5. 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.
    6. These Terms of Use (together with the Privacy NoticeExternal Link Title and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
    7. You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
    8. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
    9. These Terms of Use are not assignable, transferable or sub-licensable by you except with DC’s prior written consent.  DC may freely assign these Terms of Use.
    10. These Terms of Use 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 provision
    11. The parties acknowledge that they have required that these Terms of Use and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.