Disclaimer

Tourism Kelowna has various websites, blogs and other social media (the “Sites”) that provide information and services. Use of any of the Sites is subject to these Terms of Use. Please read this document carefully. Your use of the Sites indicates your acceptance of the Terms of Use and your agreement to be legally bound by them.

If acting on behalf of a corporation, organization or other legal entity, you confirm you have binding authority; the entity you represent will be bound by these Terms of Use. If below the age of majority, get your parent’s or guardian’s permission before using the Sites.

Tourism Kelowna reserves the right to modify these Terms of Use without notice. Any changes or modifications will become effective immediately upon posting, and your continued use of the Sites constitutes your acceptance of such changes. Therefore, we advise you to frequently review these Terms of Use.

Tourism Kelowna does not guarantee that Site functions will be uninterrupted or error-free, that defects will be corrected or that Tourism Kelowna servers are virus-free. It is your responsibility to safeguard your own systems and software.

Tourism Kelowna assumes no liability for inaccurate, delayed or incomplete information, or for any actions you take after surfing the site. Third party information contained on the Sites has not necessarily been verified by Tourism Kelowna. We try to make sure all information included in blog reports is accurate and timely at the time of publication, but Tourism Kelowna cannot be held responsible for any inaccuracies or errors that may occur.

User Conduct

You agree to use the Sites only for lawful purposes and to not infringe on the rights of, restrict or inhibit anyone else’s use or enjoyment of the Sites. Without limiting the foregoing, the following behaviours are strictly forbidden: harassment, discrimination, causing distress to any person, transmitting obscene or offensive content, impersonation, misrepresentation, interference with or disruption of the Sites or their servers or networks.

Tourism Kelowna has the right at any time, without notice, and in its sole discretion, to deny, suspend or cancel your access to the Sites if you breach or are suspected of breaching any of the Terms of Use or for any other reason Tourism Kelowna deems appropriate.

Personal Information

Personal information collected by Tourism Kelowna will be used and disclosed in accordance with the Privacy Policy. Never reveal personal information about yourself or anyone else in any public forum on the Sites.

Intellectual Property

Tourism Kelowna owns certain names, words, titles, phrases, logos, graphics, designs and other content in the Sites (the “Intellectual Property”). These include “Kelowna – ripe with surprises”, which is a registered trademark belonging to Tourism Kelowna. All Intellectual Property remains the copyright of Tourism Kelowna its affiliates or licensors, and Tourism Kelowna reserves all rights.

Unauthorized use of the Intellectual Property may be in violation of applicable federal or other laws and can subject you to legal action. Unless otherwise specified, you may not copy, distribute, redistribute, reproduce, publish, republish, store in any medium, re-transmit, modify, exploit or make any use of the Intellectual Property on the Sites.

Third Parties

You acknowledge and agree that your correspondence and business dealings with any third parties, including merchants or advertisers found on or through the Sites, are solely between you and these third parties. You also agree that we at Tourism Kelowna assume no responsibility for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

User Sign-up

Some of the Sites require you to sign up. If you choose to sign up, you agree to:

  1. Provide accurate and complete information during the sign-up process
  2. Maintain and update such information to ensure it’s accurate and complete
  3. Authorize Tourism Kelowna to communicate with you regarding your membership or to provide you with information concerning the Sites
  4. Be legally bound by these Terms of Use and all applicable conditions, qualifications, instructions, explanations, descriptions, guides, information or procedures issued by Tourism Kelowna, all of which form part of these Terms of Use.

If you sign up to any of the Sites, you may be asked to provide a user name and password. Keep your username and password confidential. You are responsible for any activity using your username and password. You agree to immediately notify Tourism Kelowna if you suspect any unauthorized use of your login, user name or password.

Contributions

By submitting any contribution to the Sites, including without limitation text, photos, graphics or video (“Content”), you agree to grant Tourism Kelowna a worldwide, irrevocable, sub-licensable, non-exclusive license, to exploit your Content as Tourism Kelowna sees fit, including without limitation, modifying it or adapting it. Without limiting the foregoing, you grant Tourism Kelowna the right to publish, broadcast, display or distribute your Content by any means and in any media. You expressly waive, to the fullest extent permitted by law, any moral rights you have in respect of the Content and agree that no rights of attribution shall be enforced by you. You grant these rights free of charge.

By submitting content to the Sites, you represent and warrant that:

  1. You are the owner of the Content or have been granted the necessary rights to provide the license described above.
  2. The use by Tourism Kelowna of the Content will not infringe on the rights of any other party or violate any law.
  3. The Content provided is not confidential.

You agree to indemnify and hold Tourism Kelowna harmless from and against all claims, demands, loss, liability, damages and expense (including legal fees and disbursements) including actions for infringement of copyright, any third party claim inconsistent with your representations and warranties or otherwise in connection with our use of your Content under the terms of this license.

Tourism Kelowna reserves the right to refuse to post or to remove any Content submitted to its Sites.

Tourism Kelowna is not responsible for content posted by third parties and is under no obligation to remove content that may offend some users. The views expressed in user-posted content are theirs alone and do not reflect the views of Tourism Kelowna.

Tourism Kelowna Social Media

Tourism Kelowna believes in transparency in social media. We team up with federal, provincial and private partners in creating social media. Some partners, where able, will provide hospitality, transportation and complimentary services in an effort to control cost. Transparency, candour and tone of voice remain uncompromised by any and all partnerships. In all cases, Tourism Kelowna maintains final editorial control over social media.

Tourism Kelowna welcomes linking, re-posting, re-Tweeting, and other similar Web 2.0 functions to our social media content. See our linking policy below for guidelines.

Tourism Kelowna Linking Policy

Tourism Kelowna is not affiliated with linked websites and does not accept responsibility or liability for the content and privacy practices of those websites. The inclusion of any link does not imply endorsement by Tourism Kelowna of that website or the information and services provided by that website.

We try our best to provide accurate links, but cannot guarantee links will be functional.

Tourism Kelowna may grant the owner of an external website permission to use a hypertext link on that website to tourismkelowna.com, provided these guidelines are followed:

  • You must link directly to Tourism Kelowna content, and land on a page within the tourismkelowna.com website.
  • You observe all copyright laws.
  • You are welcome to use the title or headline of the article to which you are linking, as long as you link directly to the article.
  • The appearance, position and other aspects of either the link or the host website may not damage or dilute the goodwill associated with Tourism Kelowna.
  • Tourism Kelowna reserves the right to revoke its consent to the link at any time in its sole discretion by amending this policy.
  • Tourism Kelowna website must be viewed in a browser window on its own (not framed by the host website).

Limitation of Liability

You expressly acknowledge and agree that your use of the Sites is at your own risk and that neither Tourism Kelowna nor any of its partners, affiliates, shareholders or agents shall be liable to you for any damages or loss of any kind whatsoever arising out of, or in any connection with, your use of the Sites.

You expressly acknowledge and agree that the Sites are provided on an “as is” and “as available” basis and Tourism Kelowna expressly disclaims any representations or warrants of any kind, whether express or implied.

You agree to indemnify and hold Tourism Kelowna harmless from and against all claims, demands, loss, liability, damages and expense (including legal fees and disbursements) including actions for infringement of copyright, any third party claim inconsistent with your representations and warranties or otherwise in connection with your use of the Sites.

Choice of Law

These Terms of Use are governed by the laws of British Columbia and the federal laws of Canada applicable therein, without reference to its conflict of laws provisions. You agree to irrevocably submit to the exclusive jurisdiction of the courts of the province of British Columbia.