Terms of Service
Last Updated: October 1, 2023
1. Introduction
Welcome to Discover Canada. These Terms of Service ("Terms") govern your use of our website located at mindalinaya-motsarella.com (the "Site") and the services, features, content, applications, or products we offer (collectively with the Site, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
We may modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our Services following such notification constitutes your acceptance of the changed Terms.
2. Eligibility
You must be at least 13 years of age to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still require you to have a parent or guardian's consent if you are under 18 years of age.
3. Account Registration and Security
To access certain features of our Services, you may be required to register for an account. When registering for an account, you must provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account if any information you provide during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.
4. User Content
Our Services may allow you to post, upload, publish, submit, or transmit content, including but not limited to text, photographs, videos, and comments ("User Content"). Any User Content you post will be considered non-confidential and non-proprietary.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content;
- The User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
- The User Content does not contain libelous, defamatory, offensive, harassing, or otherwise unlawful material;
- The User Content does not include unauthorized disclosure of personal information.
We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice to you.
5. Prohibited Uses
You agree not to use our Services to:
- Violate any law, regulation, or court order;
- Infringe upon or violate our or any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Services;
- Interfere with the proper functioning of the Services, such as by using viruses, bots, Trojan horses, corrupted data, or other harmful software or data;
- Engage in unauthorized data collection or scraping;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
- Engage in any automated use of the Services, such as using scripts to send comments or messages;
- Attempt to circumvent any content filtering techniques we employ;
- Attempt to access areas or features of the Services that you are not authorized to access.
6. Intellectual Property Rights
The Services and their original content, features, and functionality are owned by Discover Canada and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
7. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by Discover Canada. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using our Services, you expressly relieve us from any and all liability arising from your use of any third-party website or services.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISCOVER CANADA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Discover Canada, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
11. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be resolved through friendly negotiations. If such dispute cannot be resolved amicably, then it shall be finally resolved by arbitration in accordance with the rules of the British Columbia International Commercial Arbitration Centre. The place of arbitration shall be Vancouver, British Columbia, Canada.
14. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Discover Canada
123 Tourism Avenue
Vancouver, BC V6B 4Y8
Canada
Email: [email protected]
Phone: +1 (604) 789-1234