Terms and Conditions

0
Posted September 28, 2011 by Vacay in Ontario

This document contains legal terms that govern your use of this website. The Agreement describes and encompasses the entire agreement between Vacay.ca and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content and computer programs provided by or through the site, and the subject matter of this Agreement. By accessing the Vacay.ca website or using any part of it or any of its content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the website or use the content or any services provided by the site. Amendments to this agreement can be made and effected by Vacay.ca from time to time without specific notice to your end. Agreement posted on the website reflects the latest agreement and you should carefully review the same before you use it.

Use of the Website and Prohibitions

This website allows you to express your thoughts, make some comments and discussion. You understand and agree that you will use this website, including its tools and services, in a manner that is responsible and consistent with these Terms and Conditions. You will also do so in such a way that is compliant with all applicable laws and regulations. You agree that you will use the Service in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Canadian export and defamation laws.

However, you are prohibited to do the following: (a) use Vacay.ca’s website, including its services and or tools, if you are temporarily or indefinitely suspended from using the website, or its services or tools (b) post any comments, articles, photographs, blogs, items, messages, and/or contents that are inappropriate or indecent; (c) collect users’ personal information; (d) post false, racist, inaccurate, misleading, defamatory or libellous content; (e) take any action that may damage the rating system; (f) post, transmit, link to or distribute posts that include solicitations of any kind; (g) post, transmit or link to any information or photos or likenesses of another person without that person’s consent; (h) you must not transmit worms, viruses or code of a destructive nature. Any information provided by you or gathered by this website or third parties during any visit to the website shall be subject to www.vacay.ca’s Privacy Policy.

Warranty Disclaimer and Exclusions / Limitations of Liability

You represent and warrant that you have provided information to our website that is correct and current. You also represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the website or its Services.

It should be noted that the website and/or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the website or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website or the Services.

The service, content and site are provided on an “as is” basis. They are provided without warranties, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states and provinces do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

In addition, we make it clear that the operation of our website is not guaranteed to be uninterrupted or error-free. Vacay.ca will not be liable for the consequences of any interruptions or errors, however, it may change, restrict access to, suspend or discontinue the website or any part of it at any time. The information, content and services on the site are provided on an “as is” basis. When you use the website and/or participate herein, you understand and agree that you participate at your own risk.

Intellectual Property Rights

Vacay.ca is freely accessible, but it does not intend to surrender our rights, or those of anyone else, to the materials appearing on them. The materials available on the site shall remain the property of Vacay.ca and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the website or anything retrieved or downloaded from it.

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Submissions

By submitting your own Photos and Reviews to Vacay.ca, you give the website a right to use, edit, adapt, publish, translate, broadcast, distribute, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Submissions.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of www.vacay.ca. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Links to Third-Party Sites

Users may, through hypertext or other computer links, gain access to other sites on the Internet that are not part of Vacay.ca and which are not controlled by Vacay.ca, which assumes no responsibility for any material outside of Vacay.ca that may be accessed through any such link.

Sponsors

Unless otherwise indicated on a website, Vacay.ca is not sponsored by or affiliated with the linked sites and trademarks used in connection with the linked sites and trademarks seen on Vacay.ca.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Waiver and Severability of Terms

Failure of Vacay.ca to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of British Columbia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the contents and materials provided by or through the site, and the subject matter of this Agreement.

Choice of Law, Jurisdiction, Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of British Columbia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual country of residence.


About the Author

Vacay
avatar

Vicky is the worldly publisher of Vacay.ca. Having graduated from McGill University in Montreal, she has set about building a talented team of travel experts to deliver to you words and images of the very best places to see and experience in Canada. Based in Yorkville in Toronto, Vicky regularly jet sets around Canada — be sure to catch up with her when she's in your part of the country.

 
Top 50 Restaurants in Canada
 
  • farmers apprentice vancouver dave gunawan
  • cabane-a-sucre-au-pied-de-cochon-quebec
  • raymonds-st-johns
  • donair-hopgoods-foodliner
  • Celebrity chefs Connie Desousa of Charcut and Vikram Vij of Vij's are among the judges for the 2014 Vacay.ca Top 50 Restaurants in Canada. (Julia Pelish/Vacay.ca)