Updated: Wedensday May 28, 2012
The Destination Marketing Group grants you a personal, non-transferable and non-exclusive right and license to use DestinationCanada.ca and any other of the Destination Marketing Group’s web properties on a single computer; provided that you agree that you are only authorized to visit, view, download, print and retain a copy of the pages or content of our web properties for your own personal, non-commercial use, and that you shall not duplicate, download, publish, display, transmit, modify, create derivative works, reverse engineer, or otherwise distribute the material on our web properties for any commercial use or for any purpose other than as described in these TERMS AND CONDITIONS without the express written consent of the Company. Materials, maps, special offers, and coupons may only be downloaded or printed with the applicable copyright and other notices included. You agree not to access DestinationCanada.ca or any other Destination Marketing Group web property by any means other than through the interfaces that are provided by the Destination Marketing Group for the purposes of accessing the web properties, applications and related services. You also agree not to deep-link to the web properties for any purpose, unless specifically authorized by The Destination Marketing Group to do so.
Use Void Where Prohibited
Use of DestinationCanada.ca any other of the Destination Marketing Group’s web properties is void where prohibited. By using DestinationCanada.ca you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the TERMS AND CONDITIONS outlined herein.
Registering with DestinationCanada.ca and or the Destination Marketing Group
If you register with the Destination Marketing Group, you may be allowed to save and personalize content, receive and view offers from businesses listed on the system, and post business and other ratings and reviews. When registering with the Destination Marketing Group, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these TERMS AND CONDITIONS, the Destination Marketing Group may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access including, but not limited to, reviews, newsletters, and user profile information, or take any other action that the Destination Marketing Group believes is appropriate, at its sole discretion.
Posting Reviews or other content on the Destination Marketing Group’s web properties
The Destination Marketing Group reserves the right, but not the obligation, to refuse to post, or to remove any review or content if it contains or features any of the following unacceptable content:
- Offensive, harmful or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hateful or discriminatory speech.
- References to illegal or unethical activities, deceptive business practices, false advertising or health code violations.
- Reviews submitted by insiders, reviewed business’s employees whether past or present, or competitors as determined by the Destination Marketing Group
- Reviews, comments or content that are not relevant, or have little or no value or meaning as determined by the Destination Marketing Group at its sole discretion.
- Reviews or other content commenting on other users.
- Content that contains personal attacks, describes physical confrontations and or other distasteful or unethical comments.
- Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
- Unauthorized messages that are advertising or commercial in nature, or are inappropriate based on the subject matter, as determined by the Destination Marketing Group at its sole discretion.
- Language or content that violates the standards of good taste or the corporate values of the Destination Marketing Group, as determined by the Destination Marketing Group at its sole discretion.
- Content believed or known to be illegal, which violates any federal, provincial, state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other users including the names of other individuals or offensive or inappropriate user names or signatures.
- Content that is not in English that is encrypted or that contains viruses, trojan horses, worms, spyware, or other malicious computer programming routines that are intended to damage, interfere with, intercept or appropriate system data or personal information
Content not controlled or endorsed by the Destination Marketing Group
The reviews and other user generated content posted on the pages of DestinationCanada.ca and or any other Destination Marketing Group operated website do not necessarily reflect the views of the Destination Marketing Group, our affiliated companies, employees, directors, officers, or shareholders. The Destination Marketing Group does not assume responsibility or liability for any of the reviews or user generated content or for any claims, damages, or losses resulting from any use of this website or the materials contained therein. The Destination Marketing Group does not control the reviews and user-generated content posted via our web properties and, as such, does not guarantee the accuracy, integrity or quality of such content. You hereby understand understand and acknowledge that by using the services offered via DestinationCanada.ca or any other of the Destination Marketing Group’s web properties that you may be unintentionally exposed to content that is offensive, indecent or objectionable.
Content submitted to or otherwise made available to DestinationCanada.ca
The Destination Marketing Group does not claim ownership of the content that users submit or otherwise make available to the Company for inclusion on the pages of DestinationCanada.ca or on the pages of any other Destination Marketing Group web property. However, with respect to the content that is submitted or otherwise willingly made available to the Company by any person or entity for inclusion in DestinationCanada.ca or on any other of the Destination Marketing Group’s web properties the submitter by submitting content for inclusion thereby agrees to grant the Destination Marketing Group and it’s affiliates the non-exclusive, world-wide, royalty free, fully sub-licensable, irrevocable and perpetual license to use, reproduce, modify, translate, transmit, sell, publicly perform, publicly display and distribute the content and related materials, communications, reviews, photos, graphics, audio, video, and any and all other forms of such user generated content submitted in whole or in part and to incorporate such content into other works in any format or medium known or later developed. Unless otherwise specified under agreement, the Destination Marketing Group is under no obligation to give credit or to pay you any consideration for content submitted by you for inclusion on our websites.
Links and Search Results
The Destination Marketing Group’s web properties may contain links to other Internet websites or automatically produce search results that reference or link to third-party sites on the Internet. The Destination Marketing Group has no control over these sites or the content within them and is not responsible for: their content, privacy practices or other policies. Third-party sites should contain their own privacy policies and references, and those third parties should be responsible for their own privacy and operational practices. The Destination Marketing Group cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, or inoffensive. These links or search results do not, in any way, constitute an endorsement or approval by the Destination Marketing Group of such websites. Furthermore, the Destination Marketing Group does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise negatively impact your computer. By using our web properties to search for, or to link to another site, you agree and understand that you may not make any claim against the Destination Marketing Group for any damages or losses, whatsoever, resulting from your use of the Company’s web properties to obtain search results or to link to another site. If you have a problem with a link emanating from this or any of our web properties please notify us by email care of (legal @ destinationmarketinggroup dot com), and we will investigate your claim and take whatever action the Destination Marketing Group deems appropriate, at its sole discretion. While the Destination Marketing Group may permit links to our web properties from other sites, please contact the Destination Marketing Group in writing to seek written permission to link to our web properties.
Business listings and other search results located on the Destination Marketing Group’s web properties are selected for display based primarily on their content and relevance in relation to user-provided search terms, but may be rotated to provide equitable display. Both customer and non-customer listings may be included in a search results list. The Destination Marketing Group directory listings, advertisements and promotional offers may be rotated within the search results based on variable placement, paid inclusion and/or paid placement.
Although the Destination Marketing Group can not monitor and enforce any inappropriate conduct of its users offline, it is a violation of these TERMS AND CONDITIONS to use any information obtained from our web properties in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, computer programming routines, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior written permission.You agree that you will not use or propagate any device, software, routine or other harmful component to interfere or attempt to interfere with the proper working of this or any of our associated web properties.You further agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content other than for your own personal, non-commercial use; from this or from any of our web properties without the prior written permission of the Destination Marketing Group
Unauthorized Use of the Site
Illegal and or unauthorized uses of the Destination Marketing Group’s web properties including but not limited to, unauthorized framing of or linking to the sites, unauthorized use of any robot, spider, computer programming routine or other automated device on the sites, will be investigated and subject to appropriate legal action, including without limitation, civil, criminal, and injunctive redress.
The information retained on the Destination Marketing Group web properties must meet the values and standards established by the Company. Our web properties may contain information, interviews, articles, reviews and other content that we believe will be of interest and value to our users. The Destination Marketing Group invites submissions of original photos, videos, articles, interviews and other value-added content and information that promote local activities and tourism to and around communities. All user-generated content, views, opinions, or other information on the web properties are solely the opinion of the writer or contributor and do not necessarily reflect the opinions, interests or beliefs of the Destination Marketing Group. The Destination Marketing Group, at its sole discretion, reserves the right to edit, modify or delete any content, product, software, offering or service found on our web properties without prior notice. This includes, but is not limited to: listings, listing categories, listing priorities, articles, reports, graphics, photographs, postcards, search functions, site maps, headings and or titles, weather information, data, statistics, logos, website structure, website appearance, website navigation, reservation and or booking systems, currency converters, advertisements, personal itinerary planners, hot deals, calendars and rewards programs.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to the Destination Marketing Group for violations of these TERMS AND CONDITIONS and you consent to injunctive or other equitable relief for such violations.
You agree to use the Destination Marketing Group’s web properties at your own risk. You understand this web property and the information, services, content and products within it are provided on an “as is” and “as available” basis, with no warranties whatsoever. You agree that the use of DestinationCanada.ca and any other of the Destination Marketing Group’s web properties, including all content, data or software is at your own risk. The Destination Marketing Group disclaims any warranties for services or goods received through or advertised on this and any of the Destination Marketing Group’s web properties, as well as for any information or advice received through any link provided via our web properties. The Destination Marketing Group and DestinationCanada.ca reserve the right to modify or discontinue any service offered at any time, either temporarily or permanently, without notice. You agree that neither the Company, the Destination Marketing Group, or DestinationCanada.ca will become liable to you or to any third party for any modification, suspension or discontinuance of any service offered by the Company.
THE DESTINATION MARKETING GROUP DOES NOT PROMISE THAT THIS WEB PROPERTY WILL BE ERROR-FREE OR OPERATE UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM THE USE OF THE WEBSITE OR THE CONTENT, SEARCH FUNCTIONALITY OR LINKS IT CONTAINS. THE DESTINATION MARKETING GROUP CAN NOT ENSURE THAT THE FILES YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. THE DESTINATION MARKETING GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DESTINATION MARKETING GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB PROPERTY, INCLUDING, AND WITHOUT LIMITATION TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Destination Marketing Group disclaims any and all liability for the acts, omissions, and conduct of: any third-party users, Destination Marketing Group users, advertisers, and or sponsors on this or any of our web properties, in connection with the web properties themselves, or otherwise related to your use of the web properties. The Destination Marketing Group is not responsible for the products, services, actions, or the failure to act of any third party in connection with or referenced on this website. Without limiting the foregoing, you may report the misconduct of users, third-parties, advertisers or product and service providers referenced on or included in any of the Destination Marketing Group web properties to the Destination Marketing Group by emailing your concerns to us care of (legal @ destinationmarketinggroup dot com). The Destination Marketing Group may, at its sole discretion, investigate the claim or complaint and take appropriate action. The Destination Marketing Group endeavours to ensure that information appearing in our web properties is correct at the time of collation, but accepts no responsibility for any mistakes, inaccuracies or misdescriptions, whether by inclusion or omission and whether negligent or otherwise. Prices, details and services shown are subject to change without notice, and the Destination Marketing Group accepts no responsibility for any such changes. Prior to making bookings, you should check the availability and price of accommodations and services, the details of the facilities and or services, and any applicable terms and conditions with the provider of the service directly. All standards of accommodation and services contained in this site are indicative only of a certain class, and are based upon information provided to the Destination Marketing Group, which the Destination Marketing Group does not check independently. The Destination Marketing Group makes no representation or warranty in relation to the standard, class or fitness for purpose of any accommodation or service, nor does it endorse or in any respect warrant any products or services by virtue of any information, material or content referred to, included on, or linked from or to this or any of it’s web properties.
LIMITATION ON LIABILITY
The Destination Marketing Group is not liable for any damages whatsoever, arising from the use or performance of our web properties or from any information, services or products provided through them, even if the Destination Marketing Group has been advised of the possibility of such damages. The Destination Marketing Group is not liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party while using our web properties or any information, products, content or services contained therein.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE DESTINATION MARKETING GROUP BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE DESTINATION MARKETING GROUP MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes, Governing Law and Jurisdiction
If there is any dispute arising out of or pertaining to the Destination Marketing Group or its web properties, you agree that the dispute or dealings will be governed by and construed according to the laws of the Province of British Columbia, Canada without regard to any conflict-of-law provisions. It is a condition of use that users of our web properties consent and submit to exclusive and personal jurisdiction by and venue in the provincial and federal courts located in the City of Vancouver, in the Province of British Columbia, Canada.
The failure of the Destination Marketing Group to exercise or to enforce any right or provision of the TERMS AND CONDITIONS herein shall not constitute a waiver of such right or provision. If any right or provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other severable provisions of the TERMS AND CONDITIONS remain in full force and effect.
Figures and or prices stated on DestinationCanada.ca and other Destination Marketing Group websites are generally prices for leisure and tourist services, such as restaurants, travel, accommodation, day tours or attraction entrance fees. All figures quoted are in Canadian dollars, unless otherwise stated. Prior to making bookings, you should check the availability and price of the service being sought directly with the service provider, seller or operator, and request of them any applicable terms and conditions which may apply.
The Destination Marketing Group may use ‘cookies’ to make your experience on our web properties easier and more efficient. A cookie is a small data file placed on your hard drive by the Destination Marketing Group’s web page server. A cookie cannot retrieve data from your hard drive, pass on a computer virus, or capture your email address. Note that the cookie will remain on your computer as a record for future visits to Destination Marketing Group web properties. You can configure your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser, or delete all cookies from your computer if desired. When you visit our web properties, the Destination Marketing Group’s Internet Service Provider (ISP) may make a record of your visits and log the following information: your server address, your top-level domain name, the date and time of your visit to the site, the pages accessed and documents downloaded, the previous site visited and the type of browser used.
You agree to indemnify and hold the Destination Marketing Group, its subsidiaries, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim, cause of action or demand, including reasonable attorneys’ fees, made by or on your behalf or by any third party due to or arising out of your use of DestinationCanada.ca or any of our web properties, including your use of the web properties to provide a link to another site or to upload or download content or other information to or from this or any of the Destination Marketing Group’s web properties.
Relationships with advertisers
Your business dealings, correspondence, transactions and participation with advertisers found on or through DestinationCanada.ca or any other of the Destination Marketing Group ’s web properties, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the respective advertiser. You agree that the Destination Marketing Group shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on DestinationCanada.ca or any other of the Destination Marketing Group’s web properties.
Copyright and Intellectual Property Notice
You acknowledge and agree that DestinationCanada.ca and all of the Destination Marketing Group’s other web properties and related services contain proprietary and confidential information that is protected by applicable intellectual property, trade secrets, privacy, and other laws of Canada and other countries. You further acknowledge and agree that content contained on or information presented to you through DestinationCanada.ca or any other Destination Marketing Group operated web property or by advertisers therein is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by the Destination Marketing Group and our advertisers, you agree not to duplicate, modify, publish, create derivative works, or otherwise distribute the material on our web properties for any commercial use or for any purpose other than as described in these TERMS AND CONDITIONS, in whole or in part.
If you see objectionable content or have any questions about these TERMS AND CONDITIONS, please contact the Destination Marketing Group at: legal @ destinationmarketinggroup dot com