These terms of use, together with the Privacy Policy, and any additional terms that expressly incorporate them by reference (collectively, these “Terms of Use”), constitute a legal agreement and are entered into by and between you and The City of Calgary and TOURISM CALGARY – CALGARY CONVENTION & VISITORS BUREAU  (each a “Host” and, collectively, the “Hosts”).

These Terms of Use govern your access to and use of, including any content and/or functionality offered on or through, exploredowntownyyc.com (the, or this, “Website”).

By accessing or using this Website, you accept and agree, without limitation or qualification, to be bound by and comply with these Terms of Use.

Usage

You may not use or access the Website for any purpose in violation of any applicable law. You are prohibited from disrupting or breaching the Website, the security and/or authentication measures of the Website; restricting, disrupting, or disabling Website service to users, hosts, servers, or network services; using the Website to upload any malicious software, codes, files, or programs, including viruses, malware, spyware, worms, “Trojan Horses”, rootkits, or attack scripts, that may interrupt, alter, damage, hijack, disrupt, or corrupt the data on or functionality of the Website; disrupting the Website owner’s ability to monitor the Website; interfering with the proper working of the Website; or otherwise attempting to do any of the foregoing. You will not upload any content that is unlawful, harmful, threatening, violent, vulgar, obscene, immoral, offensive, discriminatory, libelous, or otherwise objectionable or that may intrude on another’s right of privacy.

Modifications to the Terms of Use and to the Website

The information and material on the Website may be changed, modified, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable to you if, for any reason, all or any part of the Website is restricted or unavailable for any period.

Intellectual Property Rights and Ownership

The Website and its entire contents, features, and functionality, including, but not limited to, all information, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcasts, designs, presentations, and webpage layouts, selections, and arrangements, including all names, logos, product and service names, designs, images, and slogans mentioned, or which appear on, the Website (for the purposes of this section, “Intellectual Property”) are or may be protected in all forms by intellectual property laws, including, as applicable, copyright, trademark, and any other proprietary rights or laws.

Except as expressly authorized by the relevant Intellectual Property owner or otherwise expressly permitted under these Terms of Use:

(a) Use of any of the Intellectual Property shall constitute an infringement or violation of the rights of the relevant Intellectual Property owner and may be a violation of applicable law and subject the infringer to legal action; and

(b) You are not permitted to modify any materials obtained from the Website, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

The Hosts may be willing to grant you permission to use the “Explore Downtown” logo owned by The City of Calgary and depicted on the Website (the “Explore Downtown Logo”) for the purpose of promoting downtown Calgary as a place to visit, live, shop, and invest, provided any such use is in accordance with the visual guidelines and other conditions prescribed by the Hosts. To inquire or learn more about obtaining permission to use the Explore Downtown Logo as aforesaid, you may contact: downtownevents@calgary.ca.

General Disclaimers

To the maximum extent permitted by applicable law, the Hosts disclaim all representations, warranties, or guarantees, whether express or implied, that any content on the Website is accurate, complete, or up-to-date. Your use of the Website is at your own risk, and the Hosts and their subsidiaries, affiliates, and partners have no responsibility or liability whatsoever to you for your use of the Website.

To the maximum extent permitted by applicable law, the Hosts disclaim, and in no event shall the Hosts be liable for, any direct, special, indirect, incidental, consequential, punitive, or exemplary damages or losses of any kind that may arise from (a) the use of, or the inability to use, the Website and/or any materials, content, data, information, logo, or graphic contained on the Website, regardless of who provided such material; (b) the availability, utility, accuracy, reliability, or completeness of any materials, content, data, or information contained on the Website; or (c) the inclusion in the Website of any materials, content, data, information, logo, or graphic.

Entries to the Website Events Calendar (as defined below) may contain a link or pointer to one or more external websites maintained by third parties. The Hosts do not review the content or operation of any such website and, therefore, disclaim guarantees of authenticity, accuracy, appropriateness, or the security of any link, website, or content linked or pointed to. The responsibility for content on any such external website rests solely with the persons providing such links or pointers. The Hosts assume no responsibility for any websites that are linked to or otherwise electronically connected to the Website. Website users are urged to exercise caution when accessing any unfamiliar website.

The Explore Downtown Community Events Calendar on the Website (the “Events Calendar”) enables the community to post events in a common location to be viewed by the public and promote downtown Calgary as a place to visit, live, shop, and invest.

1. Disclaimer for Website Visitors Viewing the Events Calendar

The Hosts allow the publication of events based on submissions from users of the Website. All content, including information, text, displays, graphics, photographs, images, video, audio, music, design, presentation, statements, and/or opinions, or other content provided to the Website by such users, are solely those of the person or entity providing such content, and neither the Hosts nor any of their subsidiaries, affiliates, or partners have any responsibility or liability whatsoever to you for viewing such content or the accuracy thereof.

2. Additional Terms of Use for Users Submitting Events to the Events Calendar

General

The following standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits to or on the Events Calendar.

Events

Events posted on the Events Calendar must be located within downtown Calgary and must be held in a physical location that can be accessed by the public. For example, online contests or recruitment events will not be accepted. Exceptions may be allowed at the discretion of the Hosts.

All events must be legal and must not violate these Terms of Use.

Submitter Identification

Anonymous posting of events is not allowed. All event submitters must be clearly identified in their event posting applications as provided herein.

All event postings applications must be accompanied by valid event submitter contact information, including a name, organization name, email address, and phone number. This information is not publicly shared and is collected only for the purpose of contacting the submitter about their event and as otherwise specifically identified in the Privacy Policy mentioned above.

3. Copyright, Representation, and Indemnity

By submitting the application for registration of an event to the Events Calendar, you give the Hosts permission to reproduce, for the purpose of the Events Calendar, any and all content, including information, text, displays, graphics, photographs, images, video, audio, music, designs, presentations, or other content you have submitted as part of the application. You represent and warrant that you have the authority to make such submissions to the Events Calendar and to give this permission, and that the making of such submissions to the Events Calendar and the giving of this permission does not infringe any other person’s rights in such material or information. You further agree to indemnify, defend, and hold the Hosts harmless from any liability, loss, claim, and expense, including reasonable lawyer’s fees, if any of them suffer any loss or damage as a result of a breach of this representation and warranty.

4. Other terms

To use the Events Calendar, you also agree to the following terms:

1. You will not impersonate any other person or entity or make any misrepresentations in the Events Calendar;
2. You agree that the Hosts are not responsible for any loss or damage that you may experience as a result of using the Events Calendar, including, but not limited to, situations caused by viruses or other technical problems.

The Hosts reserve the right to refuse to feature in the Events Calendar any event it deems violates these Terms of Use, or for any other reason, in their sole discretion. The Hosts allowing the publication of events in or on the Events Calendar based on submissions from users of the Website does not constitute an endorsement by the Hosts of any such events.

To understand how to use Explore Downtown’s logo correctly with clear guidance on placement, sizing, spacing and visual integrity, check out Explore Downtown YYC Master Brand Guidelines page.