Terms Of Service
This document sets out your rights and responsibilities for accessing or using the websites at
the Cape Breton Island Information website at www.capebretonisland.info and other associated sites linked, including these site's in development mode
https://www.capebretonsbest.ca
(collectively" "the Site "s).
Background
Please read these terms carefully because all Sites used are subject to these terms of service. Using the Sites, you "acknowledge" that you have read this and agree to it.
BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.
There are no exceptions.
It would be best if you were eighteen to use the Sites without adult supervision. If you are under 18 years of age, you may not use the Sites or purchase any product or service from us without the supervision of your parent or guardian.
We reserve the right to amend or change all or parts of this TOS from time to time. Any such amendments or changes will be posted here and constitute the new terms and conditions from publication.
Users of the Sites and services are subject to their respective End User License Agreement ("EULA)" and Acceptable Use Policy, which controls the use of those services. To the greatest extent applicable, those agreements and policies, together with our Privacy Policy, form a part of these Terms of Service and apply to your use of the Sites.
Privacy Policy and Other Documents
You may find links to our Privacy Policy page and any other legal page on this Site at the footer of this page.
Briefly, we generally collect only as much personally-identifying information as is required to provide the services. Our general policy is not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third party, except under minimal circumstances.
We only disclose such information to improve the services or your user experience or when required. We will disclose only as much information as is needed to provide an enhanced user experience or improved service. We will disclose where strictly required by law – e.g. if we are under a subpoena or court order and if our attorneys advise us to provide the information. While we are very protective of our users' data, you agree we or our assignees may disclose your personal information to a third party if we, in our sole discretion, believe that the law or legal process requires it or to protect the rights, property, or safety of others, or as otherwise described in our posted Privacy Policy.
Users of the Site(s) should refer to our Privacy Policy for more detailed information about how we use and collect information.
You also understand that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media, your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. We assume no responsibility for information YOU make public, and we will not be liable for any harm or damages arising from disclosures of your personal identifying information made by you or others not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site or social media. If you post via social media, we do not have control over the Content of your post.
Authorized Uses of The Site(s)
Your Use of the Sites is Subject to This Limited License
ContentaContentcontent thereon (the "Content")Content is the exclusive and private property of its owner(s) unless otherwise stated. Use of the Sites is permitted under a "limited license" that provides you limited access under these Terms.
Your access can be revoked without warning if you violate these Terms. Except as otherwise expressly provided, your right to access and to use the Sites is personal to you. You may not share your access, username, login, or password to the Sites or any software, products, or services offered via the Sites. You agree to keep your login credentials secure and to comply with all password security policies, including password change and complexity requirements. You understand that if you are prompted to change your password, you may lose access to the Sites, software, products, or services if you fail to do so.
You may use a standard web browser (e.g. on a desktop, laptop, or similar computer, or a portable device such as a tablet, smartphone, or other mobile devices) to access the Sites, products, and services. All other software to access the Sites, the Content, or our database(s) violates this TOS.
Permissible uses of the Sites include all the services which would typically be associated with sites of this nature and which are not expressly prohibited herein. For example, our Sites may provide videos or posts – you can view and replay them. Some Content may include an invitation or opportunity to comment, discuss, or post questions or feedback for us via the Sites or social media. You may also have opportunities to participate in our polls, surveys, discussion threads, forums, or the like. You may be able to interact with and share experiences with other users or us.
You may also provide feedback or input to us directly in certain areas of the Sites, such as where comments are permitted. You can share the Sites with others via social media; however, you may not provide any link to an internal page on the Sites that is not public, whether or not you have a URL for such a page. You may have access through the Sites to software, products, or services that you have licensed or subscribed to. In most cases, you will have to provide your login credentials to gain access.
Copying, Downloading, & Sharing
You understand and agree thContentContent on the Sites is subject to copyright laws in the US and internationally. You may only copy or doContentcontent or information on the Sites that are expressly provided for that purpose. You understand and agree that we, in our sole discretion, can decideContentcontent you may download, copy, or share and that you will abide by our decisions and policies regarding Contentcontent. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites or to the products or services.
Unauthorized use of the Sites, Content content is strictly prohibited.
While there are many permitted uses of the Sites, as detailed above, not all services are permitted.
You may not download or copy our information yourself. You may not employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process to access, acquire, or copy the Sites or any portion thereof, or any Content. You may not reproduce the Sites or portions thereof nor 'mirror' the sites at a separate location or server. You may not obtain or attempt to obtain any Content through any means not purposely made available through the everyday use of the Sites (e.g. using a standard web browser).
You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any software, product, or service feature of the Sites or that is marketed through the Sites.
You also agree not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. You agree not to claim or suggest ownership or control of the Sites, nor to imply or suggest any non-existent affiliation with the Sites. You also agree not to use such opportunities for posting comment spam, links to other software, products, or services, or attacking other users. You understand and agree that any such prohibited uses may result in the loss of access to the Sites.
You also may not attempt to gain unauthorized access of any kind to the Sites or to any software, product, or service offered through the Sites via any means, including hacking, password guessing, backdoors, code injection, or any other means. You also agree that you will not engage in any activities using the Sites that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws about defamation or libel, or the like.
Intellectual Property
All Content (including, e.g. text, graphics, video, video scripts, music, artwork, sounds and soundtracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, "look and feel," and arrangement on the Sites, or in the software, products, or services offered through the Sites is owned or controlled by, or under license to us, and is protected by international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.
You agree that you will not remove, replace or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Content provided on the Sites or software, products, or services offered through the Sites, nor with respect to anything that you may post or upload to the Sites (if any uploading is permitted) or via any software or service. Any effort to remove, replace or obscure such marks is a violation of our Terms of Service.
The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites, even where we permit you to share those files with others. You must share the file we provide and not remove our marks, notices, or legends. Third-party Content, if any, provided by users may be copyrighted by such third parties, and its use on the Sites is with permission or solely for discussion, commentary, or educational purposes and is believed to be a fair use within the meaning of 17 USC § 107.
Our marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark(s) without permission. Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners. Approval for using any third-party mark should be obtained from the owner.
For purposes herein, discussion or commentary that may involve federally registered trademark names or names protected under the common law is believed to be nominative use that is permissible and not subject to restriction.
Product Improvements/Ideas/Feedback/Suggestions
We are always looking to improve our products and services. We welcome your ideas, suggestions, and comments for improvements or new products or services. We accept all unsolicited ideas, advice, and feedback solely on an unrestricted basis, meaning that we are not limited in how we utilize, implement, or commercialize the ideas, suggestions, or feedback. Acceptance of your voluntarily submitted ideas, recommendations, or feedback is not an acknowledgment or admission that anything in the statement, suggestion, or feedback is original to you. Unless we have agreed otherwise in writing before your submission, you understand that we own all rights to any improvement(s) or new product(s) we make, whether or not they incorporate or appear to incorporate (in whole or part) any idea, feedback or suggestion you have provided. You agree to relinquish or assign any right, title, or interest in such a suggestion that you might otherwise retain. You agree that our review and consideration of your idea, recommendation, or feedback, or our implementation or development thereof (in whole or part), as well as your access or continued access to the software, product, or service, are adequate compensation for your assignment thereof. Do not submit any ideas, suggestions, or comments unless you understand and accept the preceding.
External Links, Affiliate Relationships and Marketplaces
We may provide various links to external sites that provide helpful resources, products, or services that we believe may be useful to you, valuable for your business, or just worth exploring. In some cases, we may recommend a product or service, while in other cases, we may merely suggest that you check it out or consider whether that product or service is useful for you.
Sometimes we'll provide hyperlinks (or "links") that will direct you to or connect you with other websites that are not related to the Sites.
Where such websites are third-party owned and operated, they are not prepared by, offered by, or controlled by us. We are not responsible in any way for the quality, Content, nature, applicability, or reliability of third-party sites accessible by hyperlink from the Sites. If you choose to leave our Sites you should be aware that our Terms of Service, Privacy Policy, and other policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of whatever Site you go to, whether or not you followed a link from one of our Sites to get there.
Unless we say otherwise, our decision to provide links to external or third-party sites does not necessarily imply affiliation, endorsement, or adoption of those sites, any information contained therein, or any products or services offered on the sites. We do not and cannot guarantee that the information or other material linked is accurate, current, or available. You understand that we assume no responsibility or liability for any external links or any content on such third-party sites, and you agree that we are not responsible whatsoever for any actions you take there, including any purchases. We likewise make no claims regarding and accept no responsibility for third-party sites that link to our Sites.
Even where we expressly endorse a product or service (which endorsement may be based on the personal or professional opinion of one or more persons), you understand that our position or opinion on the product or service is based on those factors we have considered and that we do not have the ability to evaluate or opine on the quality, price, advisability, suitability, need, or satisfaction that you may experience with such products or services. You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, whether or not we recommend it.
Affiliate Offerings
In some cases, we may have an affiliate relationship with a third-party site or service provider mentioned on the Sites and may be compensated (e.g. receive a valuable benefit or even a commission) if you visit and/or purchase a product or service from the affiliated Site. We will generally endeavour to identify any such relationships so that you understand that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or Site. However, you should assume that we do have such a relationship – and that we will be compensated if you purchase a product or service. Moreover, while many people would like us to endorse or recommend their products, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you, regardless of potential compensation. However, if the possibility of us receiving compensation is not agreeable to you, please do not buy through any link on the Sites. Our products and services, including those that are available through the Sites, may also be offered by or through third-party affiliates who are compensated by us, for example, if you purchase a product or service from us. While we are responsible for claims we have made regarding our software, products or services, we cannot be held responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of various bonuses or additional products or services.
If those bonuses, products, or services are a part of our offer, we are responsible for delivering or providing them and will do so. If the third-party affiliate has offered additional bonuses, products, or services that are not a part of our offer, you should contact them regarding delivery, or support issues for those bonuses, products, or services.
We endeavour to be selective in the people or companies we allow to promote our products or services. If you believe that you have been promised bonuses, products, or services from a third party claiming to be our affiliate who does not follow through or deliver the promised bonuses, products, or services, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.
User-Driven Marketplaces
We have set up different marketplaces for our customers to list, advertise, promote and sell their products and services to other users.
Those products and services are not created by, offered by, endorsed by or controlled by us. We are not responsible in any way for the quality, Content, nature, applicability, or reliability of them. If you choose to purchase, register, download or to engage with any of those products or services, or with their providers, you should be aware that we do not and cannot guarantee that the information or material provided is accurate, current, or available. You understand that we assume no responsibility or liability for any content, and you agree that we are not responsible whatsoever for any actions you take there, including any purchase or arrangement with the product/service providers.
You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you and whether the product/service provider is a reputed user.
E. Information You Provide To Us Must Be Truthful
When enrolling in, subscribing to, or purchasing any service, option, or product through the Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission. You understand that we can and generally will bar your access to and use of the Sites if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have the proper authority to commit that company in such a transaction. If you are using a pseudonym, nickname, assumed name or the like (where permitted), you agree that you will nonetheless provide accurate information to our processing company where required (e.g. your real name in connection with a credit card account) so that you can be billed for one-time or recurring fees.
F. Service and/or Product Descriptions
We attempt to be as accurate as possible in descriptions including descriptions of services, options, and products offered or available on the Site (s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any product or service sold by third parties except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.
G. Account sharing, transferring or sub-leasing
We do not support account ownership sharing, selling or transferring. Furthermore, no account may be sublet or used on behalf of any business other than the account owners.
H. YouTube and Google
While using our sites, we might be connecting to YouTube and/or Google services via API. By using our services, you agree to YouTube Terms Of Service and Google Privacy Policy.
I. Additional Terms
This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.
No Warranties are Made
We make no warranties, expressed or implied, regarding the Content on the Sites. No warranties or guarantees are made as to the accuracy, factual basis, timeliness, applicability, or suitability of any information on the Sites for any purpose, including your particular needs. While we have many years of high-level marketing and product development experience that we share, nothing written, discussed, presented, or communicated in any way or form on the Sites is intended as professional advice of any other type and should not be considered or used as such. Consult your attorney, CPA, or other professional for help should you require it. Your use of the Sites is subject to your acceptance of any liability that may result as a consequence of the actions you take or fail to take based on the Content provided here.
The Sites and the Content, including any information, data, case studies, and personal experiences shared are all provided on an "AS IS," and "AS AVAILABLE" basis.
The Sites, products, or services may not always be available to you when you would like access for reasons beyond our control. And from time to time we may suspend and/or deny access to the Sites for updates, maintenance (scheduled or unscheduled), enhancements, upgrades, improvements, or corrections, or to maintain or improve security.
In addition, some information and offers provided on the Sites are time-limited and will be removed at our discretion. We also believe some Content has a limited useful life and we reserve the right to take down, remove, or archive Content at our discretion.
We also do not make any guarantees that the Sites will be updated, changed, or amended on a particular schedule or with regularity. Despite our desire and sincere efforts to keep the Sites and Content up to date and free of errors, the Content may contain typographical or factual errors or inaccuracies, or become outdated.
While we attempt to be as accurate as possible in the descriptions on the Sites including descriptions of, products, services, options, and bonuses offered or available on the Sites, we cannot and do not guarantee that every product or service description on the Sites is 100% accurate, complete, reliable, and/or error-free.
You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Sites, or (any software, products, or services offered through the Sites) whether it results from an act or an omission by us or any other party, including another user.
You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure.
Accountability.
You agree to be held accountable for your behaviour on the Site.
You agree to only post information or comments on the Sites that you own or have proper rights to publish or post. You may not publish or post and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Sites, or through the use of the products or services offered through the Sites. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish or post that image or information on the Sites and will indemnify us for any harm caused to us by your actions. You agree not to promote any goods or services that infringe another person's trademarks using the Sites or via the software, products, or services offered through the Sites.
No Conflict of Interests
If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not to comment or post information about that Site, product, or service without disclosing your interest. You also agree never to post under an assumed name or use a false identity on the Site (s) for personal gain, or to avoid disclosing your interest. You agree not to post unfavourable information about any competing business or service without disclosing your business interests. You also will not have another person to make such comments or posts for your benefit or gain.
Jurisdiction and Binding Arbitration
These Terms, as well as the Privacy Policy for the Sites, shall be governed by and construed in accordance with the laws of Canada without regard to conflict of laws principles. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form.
INTERNATIONAL USE
Because the Sites are hosted on the worldwide web, access may be available in other countries. We are happy to make the Content, software, products, and/or services available to people in any country where legal to do so. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, we make no representation that materials on the Sites are appropriate or legal for use in any locations outside Canada and United States. The laws regarding the use of webinars and the dissemination of privately produced video via the Internet may vary in different countries. If you have access to the Sites from a location outside Canada, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us, as we do not fancy prisons, foreign or domestic. If you choose to access the Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or the consequences of violating such laws or regulations.
Your continued access or use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.
Please enjoy the Sites!
This document was last updated on October 27th, 2021
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Cape Breton Island Travel and Trade