“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on, or accessible from, the Site.
“ATPI Canada”, “we”, “us” or “our” means ATPI Travel and Events Canada Inc., a company incorporated under the laws of the Province of Quebec, a wholly owned subsidiary of ATPI Limited, and whose registered office is located at 19 Cours Le Royer West, Suite 105, Montreal, Quebec, H2Y 1W4. References herein to any of these defined terms also includes a reference to our group companies from time to time, including ATPI Limited, as the context requires.
“You” or “your” means any person accessing or using the Site or any of its Content.
1.4 This Site is intended for and directed to residents of Canada that have attained the age of majority in their province or territory of residence.
1.5 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the Content, please contact us at firstname.lastname@example.org and/or use the Site accessibility tools available at www.atpi.ca/olympicgames.
2. Restrictions on use
2.1.2 not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
2.1.4 not to use the Site to distribute viruses or malware or other similar harmful software code;
2.1.5 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
2.1.6 that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
3. Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in the Site (including, without limitation, any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (including, without limitation, all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
or its Content.
4. Submitting information to the Site
4.2 Where the Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the
right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
4.3 If applicable, you represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your
5. Accuracy of information and availability of the Site
5.2 While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
6. Hyperlinks and third party sites
7. Warranties and limitation of liability
7.1 You agree that your use of the Site is on an “as is and as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including, without limitation, as to completeness,
accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
7.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made
on the Site.
7.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ATPI CANADA, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER ATPI CANADA HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF
SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THIS SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO ATPI CANADA, THE SITE OR ANY OF THE SERVICES.
7.4 Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed the value of any transaction you complete through the Site.
8. Indemnification and limited warranty
8.1 You agree to defend, indemnify and hold harmless each of ATPI Canada, and its affiliates and licensors and each of their respective officers, directors, employees and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to: (a) your
exclusive defense and control of any matter otherwise subject to indemnification by you.
8.3 We make no representation or warranty that the Site or its Content are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all applicable laws.
9.2 You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or any of the Content or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
11. Class Action Waiver
11.1 This clause applies only to persons residing outside Quebec, Ontario, or Saskatchewan. Subject to applicable law, any dispute, whether in court or otherwise, will be conducted solely on an individual basis. You agree that you shall not have the right or authority for any dispute to be brought as a class action, or to participate in any class action or other proceeding in which any person acts or proposes to act in a representative capacity.
12. Governing Law/Jurisdictional Issues