Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
ACCEPTANCE
The Canadian Opera Company (COC) and the Canadian Opera House Corporation (COHC) are legally separate entities, sharing the Canadian Opera Company website at www.coc.ca (“the website”). These Terms and Conditions of Use apply to the entire website, including any third-party content, and by accessing and using the website you agree to be bound by all applicable laws and have entered into a binding contract with us containing these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, you must not access or use the website. We may revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the website will be conditioned upon the Terms and Conditions of Use in force at the time of your use. Your use of the website after any such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review the then current Terms and Conditions of Use.
USE OF WEBSITE
You agree to use the website for lawful purposes only and in a manner consistent with all applicable laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing or using the website illegal, are not authorized to use the website.
Any material downloaded or otherwise obtained through the use of the website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
PROPRIETARY RIGHTS AND RESTRICTION OF USE
“Content” of the website includes (without limitation), text, audio, images, video, data, software and website appearance and design, and is property of the COC, COHC or third parties and is protected by Canadian and international copyrights, trade-mark and other proprietary rights and laws. All names, marks, logos and other identifications of the COC and COHC are the exclusive property of the organizations and all rights are reserved. Content is for your own use, for non-commercial and educational purposes only. No whole or part of any Content may be used for any purpose whatsoever without express written approval of COC and COHC prior to each use. You acknowledge that any unauthorized use or reproduction of Content will cause irreparable damage and you consent to the entry of injunctive relief against such use. If you are granted permission to use any Content, you must cite the author and source of the Content along with the URL www.coc.ca each time you do so. Except as set forth above, you may not republish, copy, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative forms of (in any medium) this Content. Modification of any of the Content, use of Content for any other purpose, or use of any of the Content on any other website or network computer is strictly prohibited and is a violation of the COC or COHC’s proprietary rights.
DISCLAIMER
THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHILE WE ENDEAVOUR TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE WEBSITE OR THE CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED, (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VI) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. THE USE OF THIS SITE, THE CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
You agree in using the website that COC and COHC (and their officers, directors, employees, agents and each of their respective successors and assigns) shall not be liable under any circumstances, including but not limited to negligence, for any loss or damage whatsoever, direct, indirect, consequential, punitive, actual, incidental, special, exemplary or otherwise, including, without limitation, loss of profits, business interruption or loss of information arising out of the use or inability to use the website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if we knew or ought to have known of the possibility of such loss or damage. By using the website, you waive any claims you may have against the COC or COHC which may result from use or inability to use the website.
INDEMNIFICATION
You agree that your use of the website and/or the Content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against COC and/or COHC, their respective affiliates or licensors. You agree, at your own expense, to indemnify, defend and hold both COC and COHC, their respective affiliates, licensors and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these Terms and Conditions of Use; and/or (ii) your use of the website and/or the Content.
SITE LINKS
The website may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide access to Linked Sites solely as a convenience to you. We have no control over Linked Sites and you acknowledge and agree that we are not responsible for the availability of Linked Sites and you agree and understand that inclusion of Linked Sites does not imply endorsement by COC or COHC of the Linked Sites or any content, advertising, products or other material available from Linked Sites. We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites, and we do not make any representation or warranty of any kind regarding any Linked Site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party web sites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, or (iii) any representation or warranty that the operation of such third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components. While COC and COHC generally accept links to this website, we reserve the right to prohibit or refuse to accept any link to the website and, upon our request, you agree to remove any link you may have to the website.
USER INFORMATION
With the exception of requests for proposals and any personal information submitted through the website, unless otherwise agreed to in writing between you and COC or COHC, any information or materials which you may provide to us (whether electronically or through your access to or usage of the website) including feedback data, such as questions, comments, suggestions or the like regarding any information contained on the website, shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and/or materials. You hereby grant COC and COHC a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such information and materials for any purpose and/or incorporate such information and materials in any form, media or technology now known or developed in the future, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in such information and materials in favour of COC and COHC and (ii) acknowledge and agree that COC and COHC are not responsible for any loss, damage or corruption that may occur to such information or materials.
SECURITY
Any information sent or received over the internet is generally unsecure. We cannot guarantee the security of any communication to or from the website.
GENERAL TERMS
These Terms and Conditions of Use constitute the entire agreement between you and COC and COHC with respect to the subject matter hereof. These Terms and Conditions of Use shall inure to the benefit of, and be binding upon you, COC and COHC and each of our respective successors and assigns. The invalidity or unenforceability of any provision of these Terms and Conditions of Use or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms and Conditions of Use. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
GOVERNING LAW AND JURISDICTION
By accessing or using the website, you agree that all matters relating to your access to, or use of the website and the its Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to all matters relating to the website.
PRIVACY POLICY
The terms of the COC and COHC privacy policy are incorporated herein. You consent to the use of your personal information by COC and COHC and/or their third party providers and distributors in accordance with the terms and for the purposes set forth in such privacy policy.
TICKET POLICY
The terms of the COC and COHC ticket policy are incorporated herein.
Updated November 2008
