The niagarasouthcoast.com website (the "Website") is owned and operated by Niagara's South Coast Tourism Association ("Niagara’s South Coast"), a not-for-profit, non-commercial organization. Please carefully read these terms of us, and any policies or guidelines incorporated herein (collectively the "Terms of Use") before using the Website.
Terms of use
1. Acceptance of the Terms
These Terms of Use are a binding agreement between you and Niagara's South Coast regarding your access to and use of the Website. Each time you access or use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, please do not continue using the Website.
In these Terms of Use, any reference to the "Website" includes all of the Website's Content (including, but not limited to text, graphics, news articles, blog articles, photographs, images, illustrations, audio clips and video clips, collectively known as the "Content"), and the design, structure, selection, arrangement and look and feel of each element of the Website's content and the Website as a whole.
2. MODIFICATION OF THE TERMS AND THE WEBSITE
Niagara's South Coast reserves the right, at its discretion, to modify these Terms of Use at any time and at its sole discretion. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued use shall signify your acceptance of the modified Terms of Use.
3. CONDITIONS OF USE
You certify to Niagara's South Coast that if you are an individual (i.e., not a corporation) that you are of legal age in the jurisdiction in which you ordinarily reside to form a binding contract. You also certify that you are legally permitted to access the Website and take full responsibility for the use of the Website. These Terms of Use are void where prohibited by law and the right to access the Website is revoked in such jurisdictions. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Website, 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 Website.
It is a condition of your use of the Website that all the information you provide to the Website is correct, current, and complete. The transmission of information via the Internet is not completely secure. Although Niagara's South Coast does its best to protect your personal information, it cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. Niagara's South Coast is not responsible for the circumvention of any privacy settings or security measures contained on the Website.
The safety and security of your information depends on you. You are responsible for obtaining your own access to the Website. You are also required to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You are prohibited from attempting to circumvent and from violating the security of Website, including, without limitation: (a) accessing Content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing the TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Niagara's South Coast or its licensors retains ownership of all right, title, and interest in and to the Website, the Content, any related software or materials, and all related intellectual property rights. The Website and all Content therein are intended solely for the use of end users of the Website and may only be used in accordance with these Terms of Use. All materials displayed or published on the Website are protected by copyright and trademark laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Website. The Website is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws and international conventions. Trademarks used and/or displayed on the Website are the registered or unregistered trademarks or official marks of Niagara's South Coast or are trademarks licensed to Niagara's South Coast by the trademark holder. No license to use the trademarks is granted without the express written permission of Niagara's South Coast.
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. You may download or copy Content, and other items displayed on the Website, for personal use only, provided that you maintain all copyright attribution and other notices contained in such Content. You may store the Content only for personal, non-commercial use. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Niagara's South Coast, or from the copyright holder identified in such Content's copyright notice.
You acknowledge and agree that if you contribute Content to the Website, Niagara's South Coast 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. You expressly waive, to the fullest extent permitted by law, any moral rights you have in any Content that you have contributed and agree that no rights of attribution shall be enforced by you. You grant these rights free of charge. To the extent you retain any moral rights to the Content under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Niagara's South Coast and agree not to assert any moral rights with respect thereto.
You warrant, represent, and agree that you will not contribute any Content that, in the sole judgment of Niagara's South Coast, is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, false, inaccurate, misleading, does not comply with, or otherwise violates any law or right of any third party. You further represent, warrant, and agree not to impersonate any other person including, but not limited to, Niagara's South Coast or any of its directors, officers or employees. Content submitted by users will be considered non-confidential and Niagara's South Coast is under no obligation to treat this Content as confidential or proprietary information.
By submitting user generated Content or allowing Niagara's South Coast use of Content generated by you, you declare and warrant that you own or have the necessary rights to submit the said user generated Content and have the right to grant the licence hereof to Niagara's South Coast and its affiliates and service providers, and each of their respective licensees, successors, and assigns to the user generated Content and in compliance with these Terms of Use. You represent and warrant that all user generated Content complies with applicable laws and regulations.
Without limiting the foregoing, Niagara's South Coast 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. Niagara's South Coast is under no obligation to offer you any payment for Content that you submit or allow Niagara's South Coast to use. While Niagara's South Coast does its best to attribute authorship of user generated Content, it has no duty to enforce any form of attribution by third parties. Niagara's South Coast reserves the right to remove any Content from the Website at anytime, 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 Niagara's South Coast is concerned that you may have breached these Terms of Use, or for no reason at all.
Niagara's South Coast 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 Niagara's South Coast liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Niagara's South Coast 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 Website. Although Niagara's South Coast has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Website, Niagara's South Coast reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
Any use of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Niagara's South Coast's systems and users, or to ensure the integrity and operation of Niagara's South Coast's business and systems, Niagara's South Coast may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP address and traffic information, usage history, and posted Content. Niagara's South Coast's right to disclose any such information shall be in accordance with Niagara's South Coast's Privacy Policy, the Privacy Act, Revised Statutes of Canada, 1985, chapter P-21.
If you believe in good faith that materials posted or hosted by Niagara's South Coast infringe your copyright, you must provide Niagara's South Coast with written notification. The procedure outlined below is exclusively for notifying Niagara's South Coast that your copyrighted material has been infringed and is not a final assertion of any rights to the Content that you may have. Your written notification must include the following:
5. NO RELIANCE
The Website is for general informational purposes only, and is not, and should not be construed or interpreted as, professional advice or recommendations, including travel advice. Niagara's South Coast is not a booking agent or tour operator. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
You should be aware that organizations featured on the Website will have their own terms and rates for booking. When you book anything with a third party, please be sure to check with them for disclosure of all applicable terms, restrictions, rates, and fees. Your business dealings or correspondence with, or participation in promotions of advertisers or any other third party other than Niagara's South Coast's, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Niagara's South Coast 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 offerings on the Website.
Although Niagara's South Coast makes reasonable efforts to update the information on the Website, it make no representations, warranties, or guarantees, whether express or implied, that the Content on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Niagara's South Coast nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Website.
The Website includes Content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party Content, other than the Content provided by Niagara's South Coast, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Niagara's South Coast.
- a clear identification of your copyrighted work that you claim is being infringed;
- a clear identification on the Website of the location of your copyrighted work;
- Your full name, telephone number, email address, and physical address and your signature; and
- send your notice to: Niagara's South Coast Tourism Association, 66 Charlotte Street, Port Colborne, ON L3K 3C8, Tel: 905-228-8064
Please note that you may be liable for damages if you make a false claim of copyright infringement.
Niagara's South Coast will review and appropriately address all notices that comply with the requirements above.
6. LINKED SITES
For your convenience, the Website provides links or references to Internet sites or resources operated by independent persons (collectively the "Linked Sites"). Activating a link may cause your browser to leave the Website and connect with the Linked Site. Linked Sites are independent from the Website and may have different or inconsistent terms of use and privacy policies. Niagara's South Coast does not sponsor or endorse, or have any responsibility or liability for or control over, any Linked Site, any information, product, service, business, company or content available on or through any Linked Site or the collection of your personal information through any Linked Site or by the owner or operator of any Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Niagara's South Coast arising from, connected with, or relating to your use of any Linked Site, your dealings with the owner or operator of any Linked Site or any information, product, service, business, company or content available on or through any Linked Site.
7. ELECTRONIC NOTICES
Email and messages sent over the Internet are not secure, and Niagara's South Coast is not responsible for any damages incurred by the result of sending emails and messages over the Internet. You consent to receiving all notices, communications, agreements, documents, receipts, notices, and disclosures (collectively the "Notices") that Niagara's South Coast provides in connection with your use of the Website. Notices may be provided by email to the address provided by you, by posting on the Website, or other methods from time to time. You are responsible for maintaining any Notices you receive.
8. warranty disclaimer
Niagara's South Coast has no special relationship with, or fiduciary duty, to you. You acknowledge that Niagara's South Coast has no control over, and no duty to take any action regarding:
- which users gain access to the Website;
- what Content you access via the Website;
- 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 Niagara's South Coast from all liability for your having renewed, acquired, or not acquired Content through the Website. Niagara's South Coast makes no representations concerning any Content contained in or accessed through the Website or any Content contained in or accessed through a third-party service provider, and Niagara's South Coast will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or any third-party service provider linked to the Website.
You understand and agree that your use of the Website, its Content, and any services or items found or attained through the Website is at your own risk. The Website, its Content, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither Niagara's South Coast nor its affiliates, directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website and its Content. With limiting the foregoing, neither Niagara's South Coast nor its affiliates, directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Website, its Content, or any services or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, and that the Website or the server that makes it available are free of viruses or other harmful components.
Niagara's South Coast cannot and does not guarantee or warrant that files or data available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, Internet, and data security. To the fullest extent provided by law, Niagara's South Coast will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items found or attained through the Website or to your downloading of any material posted on it, or on any sites linked to the Website.
Niagara's South Coast makes no guaranty of confidentiality or privacy of any communication or information transmitted on any site not owned and operated exclusively by Niagara's South Coast linked to the Website.
Niagara's South Coast will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, third-party confidential or trade-secret information, or any other Content stored on Niagara's South Coast's equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website or a third-party service associated with the Website.
9. INDEMNITY
You will indemnify all costs and legal fees, and hold harmless, Niagara’s South Coast, its affiliates, directors, officers and employees, from (i) any claim or demand made by any third party due to or arising out of your access to the Website, (ii) your violation of these Terms of Use, or (iii) the infringement by you of any intellectual property or other right of any person or entity.
10. LIMITATION OF LIABILITY
In no event shall Niagara's South Coast be liable to you with respect to the Website or any third-party site for any indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation, damages to loss of data or failed communications.
11. TERMINATION
Niagara's South Coast may terminate or suspend any and all access to the Website (i) immediately, without prior notice or liability, if you breach these Terms of Use or (ii) upon fifteen (15) days notice for any reason or for no reason. Upon termination, your access to the Website and any Content 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.
12. MISCELLANEOUS
A. WAIVER
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. Niagara's South Coast shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Niagara's South Coast's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
B. SEVERABILITY
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.
C. NO ASSIGNMENT WITHOUT CONSENT
These Terms of Use are not assignable, transferable or sub-licensable by you except with Niagara's South Coast's prior written consent. Niagara's South Coast may freely assign these Terms of Use.
D. GOVERNING LAW AND CHOICE OF FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the applicable federal laws of Canada without regard to the conflict of laws provisions thereof. You agree that all claims you may have against Niagara's South Coast arising from or relating to the Website will be heard and resolved in a court of competent subject matter jurisdiction located in Ontario, Canada. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
E. ENTIRE AGREEMENT
Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Use.
Niagara's South Coast is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk, the Haudenosaunee, and the Anishinaabe, including the Mississaugas of the Credit First Nation. There are many First Nations, Métis and Inuit from across Turtle Island that live and work here today. Niagara's South Coast stands with all Indigenous peoples, past and present, in promoting the wise stewardship of the lands on which we live.