Toronto Organizing Committee for the 2015 Pan American and Parapan American Games (“TO2015™”)
Website Terms of Use
Welcome to the TO2015™ website ("Site"). This Website is intended to keep you informed as to activities surrounding our preparations for the Toronto 2015™ Pan American and Parapan American Games (the “Games”). Please review the following basic terms that govern your use of our Site as well as any other site or microsite or web pages that we maintain as official sites of the Games. Please note that your use of our Site constitutes your agreement (“Agreement”) to follow and be bound by these terms and those set out in our Privacy Policy as well as any other notices, guidelines and rules published by us on the Site from time to time (each of which is incorporated into these Terms of Use by reference), and by all applicable laws and regulations governing the Site and/or relating to the protection of the TO2015™ brands.
GENERAL
We may, from time-to-time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms, as changed. We may also change, move, or delete portions of, or may add to, our Site. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
You may not use the Site for any of the following purposes: (1) infringing or violating the rights of, restricting or inhibiting anyone else's use and enjoyment of the Site; (2) disseminating any unlawful or otherwise objectionable material; and/or (3) gaining unauthorized access to our computer systems or otherwise breaching applicable laws or regulations.
SITE CONTENTS
Unless otherwise noted, all material, including text, images, illustrations, designs, icons, photographs, video clips, and other materials (collectively, the "Contents") that appear as part of this Site are copyrights, trademarks, official marks, trade dress, and/or other intellectual properties owned, controlled, or licensed by TO2015™. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by TO2015™.
The Site and its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other materials displayed on the Site for your personal use provided you do not delete or change any copyright, trademark, or other proprietary notices. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or related software.
If you wish to use any part of the Site or its Contents for any non-personal or commercial purpose, you must submit a written request to TO2015™ to do so. Requests for written consent can be sent to branduse@toronto2015.org . TO2015™ reserves the right to withhold its consent, such right to be exercised in its sole and unfettered discretion.
USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to TO2015™ on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively "Comments") shall be and remain the property of TO2015™. Such disclosure, submission, or offer of any Comments shall constitute an assignment to TO2015™ of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, TO2015™ will own exclusively all such rights, titles, and interests, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. TO2015™ is and shall be under no obligation to (1) maintain any Comments in confidence; (2) compensate any user for any Comments submitted; or (3) respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that TO2015™ may use or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, or requesting promotional information or Games updates, you agree that TO2015™ may use your information for marketing and promotional purposes.
OUR COMMUNICATIONS TO YOU
You agree that TO2015™ may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or for such other purpose(s) as TO2015™ deems appropriate.
FINANCIAL INFORMATION
Financial information displayed on the Site is provided in Canadian dollars unless otherwise indicated.
TRADEMARKS
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered trademarks and/or official marks of TO2015™. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without TO2015™’s written permission.
LINKS TO OR FROM OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and resources, the availability and content of which TO2015™ does not control. Any concerns regarding such services or resources, or any links thereto, should be directed to the outside services or resources in question. TO2015™ is not responsible for the contents of any off-site pages or any other sites linked to this Site nor does it endorse any products or services linked from or supplied to this Site. The inclusion of any link to such sites does not imply endorsement by TO2015™ of such sites. Your linking to any other off-site pages is at your own risk.
Links to this Site are not permitted except with the written consent of TO2015™. If you wish to link to the Site, you must submit a written request to TO2015™ to do so. Requests for written consent can be sent to branduse@toronto2015.org . TO2015™ reserves the right to withhold its consent to link, such right to be exercised in its sole and unfettered discretion.
DISCLAIMER STATEMENT
THIS SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO2015™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONAL ASPECTS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT CONTENTS ARE ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES. YOU OBTAIN ACCESS TO THE SITE AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY INTERFERENCE, LOSS, DAMAGE, OR DISRUPTION TO YOUR OWN COMPUTER SYSTEM THAT ARISES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY LINKED SITE. YOU AGREE THAT NEITHER TO2015™ NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DEVELOPING THIS SITE SHALL BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.
IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (WHETHER FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (SUCH AS LOSS OF BUSINESS, PROFITS, DATA OR GOODWILL).
INACCURACY DISCLAIMER
All information provided by TO2015™ on the Site is done so in good faith. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. TO2015™ takes no responsibility for continuously updating this Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
INDEMNIFICATION
You agree to defend, indemnify, and hold TO2015™ harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site.
TERMINATION
This Agreement is effective unless and until terminated by either you or TO2015™. You may terminate this Agreement at any time. TO2015™ also may terminate this Agreement at any time and may do so immediately, without notice, if, in our sole discretion, you fail to comply with any of the terms or provisions contained herein. Upon any termination of this Agreement by either you or TO2015™, TO2015™ may deny you access to this Site and you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting TO2015™ and the Games. This Site is controlled and operated by TO2015™ from its offices in Toronto, Ontario. We make no representation that the Site or the Contents are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.
This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and federal courts of the Province of Ontario. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
These Terms of Use, our Privacy Policy, our guidelines on use of the Games' Marks and any other notices, guidelines and rules published by us on the Site from time to time ("Website Documents") have been (or will be) drawn up in the English language. Each of the Website Documents shall be interpreted in the English language. Where any of the Website Documents (or any part of such Website Document) is translated into any language in addition to English and there is any conflict in meaning between the English-language version and such translated version, the English-language version shall prevail in all respects.
