Website Terms of Use

Toronto Organizing Committee for the 2015 Pan American and Parapan American Games (“TO2015™”)

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

By using toronto2015.org (including its related subdomains, services and other sites and tools linked to toronto2015.org) (collectively, the "Site"), you agree to these Terms of Use and the general principles for the Site regardless of whether you have read through all of the applicable terms. As used in these Terms of Use, "TO2015", "us" or "we" refers to the Toronto Organizing Committee for the 2015 Pan American and Parapan American Games and its affiliates. We recommend that you read these terms and conditions of use, as they include terms such as limitations of liability, choice of forum for disputes and other provisions that may limit your rights.

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. 

By accepting these Terms of Use, you agree that these Terms of Use will apply whenever you use the Site or any service offered on the Site. If you do not agree with any of these Terms of Use, including any linked documents, do not use the Site.

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 BrandApprovals@TORONTO2015.org . TO2015™ reserves the right to withhold its consent, such right to be exercised in its sole and unfettered discretion.

NO UNLAWFUL USE OF SITE OR TO2015 SOCIAL MEDIA

The TORONTO 2015 Pan Am / Parapan Am Games are the “people’s Games.” TO2015 recognizes that its social media properties are effective two-way communication tools. In order to provide online spaces that are as fair, open and engaging as possible, we require all users of the Site and any TORONTO 2015 social media sites to abide by the following terms of use.

TO2015 has strict values which it wishes to uphold on its Site and across its social media spaces, which include no swearing, no defaming of individuals and ensuring all entries are on topic.

By contributing to a TO2015 social media property, you agree to the following terms of use. At all times we ask our community members to abide by the spirit of the ideals of the Olympic Charter and the Pan Am movement:

The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to TO2015™ that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

a.    accessing data not intended for you or logging onto a server that you are not authorized to access;
b.    using the Site for unintended purposes or trying to change the behaviour of the Site;
c.    attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
d.    attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
e.    forging any header or any part of the header information in any e mail or posting; or
f.    forging communications on behalf of the Site (impersonating the TO2015™ website) or to the Site (impersonating another user).

Sending unsolicited and unauthorized e mail on behalf of TO2015™, including promotions and/or advertising of products or services, is expressly prohibited.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by TO2015™ or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.

Further, in using the Site or any TO2015™ social media sites, you will not:
a.    post, transmit, or otherwise make available through or in connection with the Site: 

  • Anything that is or may be (i) threatening, harassing, degrading, hateful, intimidating; or violent (ii) defamatory; (iii) fraudulent; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trade mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as "hacking," cracking," or "phreaking"; or
  • Any material, non public information about a company without the proper authorization to do so;

b.    use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
c.    impersonate any person or entity, including without limitation any representative of TO2015™; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that TO2015™ endorses any statement you make;
d.    restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
e.    use the Site to advertise or offer to sell or buy any goods or services without TO2015™ express prior written consent;
f.    reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
g.    modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
h.    remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
i.    frame or mirror any part of the Site without TO2015™ 's express prior written consent;
j.    create a database by systematically downloading and storing Site content;
k.    criticize TO2015 or the Games in a way that is offensive or names people individually;
l.    engage in ambush marketing, unauthorized commercial purposes or criticize products or services;
m.    post URLs to off topic personal websites;
n.    advocate or encourage the use or selling of drugs, alcohol or tobacco; or 
o.    disclose information that appears to breach a duty of confidence.

TO2015™ may enforce these terms of use by removing content which does not comply with such terms and taking such other appropriate steps as it deems necessary. However, TO2015 is under no obligation to enforce such terms against any particular content and will determine at its sole discretion the appropriate level of monitoring and enforcement as it deems warranted in the circumstances.

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

When you visit the Site, you are communicating with TO2015™ electronically. 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. TO2015™ will communicate with you by e mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that TO2015™ provides to you electronically satisfy any legal requirement that such communications be in writing.

MAPS AND MAPPING PRODUCTS

Maps and mapping products created by TO2015™ (“TO2015 Maps”) may not be reproduced in whole or in part (including the creation of electronic or mechanical copies for storage or distribution) without the written authorization of TO2015.  TO2015 shall have no responsibility or liability for any loss (direct, consequential or otherwise) which may arise from any reliance on TO2015 Maps (except as may be otherwise specified by written contract with TO2015).  TO2015 Maps are based on TO2015’s working assumptions at the time of their initial release. The description or appearance of any feature (or lack thereof) in TO2015 Maps does not imply any commitment or agreement to the actual inclusion (or absence) of such feature.

FINANCIAL INFORMATION

Financial information displayed on the Site is provided in Canadian dollars unless otherwise indicated.

INTELLECTUAL PROPERTY

The trademarks, logos, service marks, text, graphics, images, audio clips, video, data, music, software and other material (collectively "Content") displayed on the Site is owned or licensed property of TO2015™ or our respective software and content suppliers and is protected by copyright, trade mark, patent or other proprietary rights. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content displayed on this Site without TO2015™’s written permission.

The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trade mark notice.

TO2015™ and our respective suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, Content and other materials that appear on the Site.

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. This includes, but is not limited to, interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. 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. TO2015™ is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, TO2015™ strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by TO2015™ of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your use of third party websites and resources is at your own risk.

The use of or embedding of content from this Site is not permitted except with the written consent of TO2015™. Requests for written consent can be sent to brandapprovals@toronto2015.org. TO2015™ reserves the right to withhold such consent, such right to be exercised in its sole and unfettered discretion.

DISCLAIMER STATEMENT

While TO2015™ attempts to ensure your access and use of the Site is safe, TO2015™ cannot and does not represent or warrant that the Site or its server will be error free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.

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).

On the Site, we may display names, marks, products, advertisements or services of third parties, pop up texts, or links to third party sites. In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the site, any products, services, or other materials relating to any such advertisement, any linked third party site, or any link contained in a linked site. If you decide to link to any such third party sites, you do so entirely at your own risk.

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

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless TO2015™ and our respective employees, directors, officers, agents, vendors and suppliers from and against any and all liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable legal fees and expenses on a full indemnity basis) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms of Use.

TERMINATION

TO2015™ reserves the right, without notice and in its sole discretion, to terminate your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms of Use. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations, warranties and conditions, limitation of liabilities, and all indemnities shall survive such termination.

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.