Disclaimer
Terms of Use
The following are the rules or "Terms"
that govern use of The Town of Manitou website . By using or visiting
the Site, you expressly agree to be bound by these Terms and to follow
these Terms and all applicable laws and regulations governing the Site.
The Town of Manitou reserves the right to change these Terms at any time,
effective immediately upon posting on the Site. Please check this page
of the Site periodically. We will note when there are updates to the Terms
of Use on this page. If you violate these Terms, The Town of Manitou may
terminate your use of the Site, bar you from future use of the Site, and/or
take appropriate legal action against you at your own cost.
No Deep Linking. You agree that you are only authorized to visit, view
and to retain a copy of pages of this Site for your own personal use,
and that you shall not duplicate, download, publish, modify or otherwise
distribute the material on this Site for any purpose other than to review
event and promotional information, for personal use, or to purchase merchandise
for your personal use, unless otherwise specifically authorized by The
Town of Manitou to do so. You also agree not to deep-link to the site
for any purpose, unless specifically authorized by The Town of Manitou
do so. The content and software on this Site is the property of The Town
of Manitou and/or its suppliers and is protected by Canadian and international
copyright laws. We post a legal notice and various credits on pages of
the Site, which may not be removed. Please do not remove this notice or
these credits, or any additional information contained along with the
notices and credits.
User Contributions to the Site. There may be opportunities for you to
contribute to the Site. These may include, among others, etc. which collectively,
we call "Content". The Town of Manitou is not liable or responsible
for any Content provided by its users or other third parties to the Site
("User Content"). The contributions of third parties do not
necessarily represent the view or opinions of The Town of Manitou. The
Town of Manitou cannot preview User Content before it appears. Users can
be held liable for any illegal or prohibited User Content they provide
to the Site, including among other things, infringing, defamatory or offensive
materials. If you discover this kind of material on the Site, please notify
the webmaster. We will investigate your claim and may then take the actions
deemed appropriate.
Links and Search Results. The Site may automatically produce search results
that reference or link to third party sites throughout the World Wide
Web. The Town of Manitou has no control over these sites or the content
within them. The Town of Manitou cannot guarantee, represent or warrant
that the content contained in the sites is accurate, legal and/or inoffensive.
The Town of Manitou does not endorse the content of any third party site,
nor do we warrant that they will not contain viruses or otherwise impact
your computer. By using the Site to search for or link to another site,
you agree and understand that you may not make any claim against The Town
of Manitou for any damages or losses, whatsoever, resulting from your
use of the Site to obtain search results or to link to another site. If
you have a problem with a link from the Site, please notify the webmaster,
and we will investigate your claim and take any actions we deem appropriate
in our sole discretion.
Prohibited Content. The following is a partial list of the kind of Content
which is illegal or prohibited on the Site. It includes Content that:
• is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from anyone
under 18;
• provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
• Solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and engages in commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
Offline Conduct. Although The Town of Manitou can not monitor the conduct
of its Users off the Site, it is also a violation of these rules to use
any information obtained from this Site in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit or
sell to any User without their prior explicit consent.
No Commercial Use. The bulletin board, chat and other areas and potential
areas of this ‘Site’ may not be used by our visitors for any
commercial purposes such as to conduct sales of tickets, merchandise or
services of any kind. You must obtain our prior written consent to make
commercial offers of any kind, whether by advertising, solicitations,
links, or any other form of communication. Without limiting the foregoing,
you may not resell or link to other sites for the purpose of selling tickets
of any kind. We will investigate and take appropriate legal action against
anyone who violates this provision, including without limitation, removing
the offending communication from the Site and barring such violators from
use of the Site.
Access and Interference. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web pages
or the content contained thereon or for any other unauthorized purpose
without our prior expressed written permission. You agree that you will
not use any device, software or routine to interfere or attempt to interfere
with the proper workings of the The Town of Manitou web site. You agree
that you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content
(except for your own person, non-commercial use) from our website without
the prior expressed written permission of The Town of Manitou.
Unauthorized Use of the Site. Illegal and/or unauthorized uses of the
Site, including, but not limited to, unauthorized ticket sales, unauthorized
framing of or linking to the Site, or unauthorized use of any robot, spider
or other automated devise on the site, will be investigated and appropriate
legal action will be taken, including without limitation civil, criminal
and injunctive redress.
Violation of the Terms. You understand and agree that, it is The Town
of Manitou sole discretion, and without prior notice, The Town of Manitou
may terminate your access to the Site or exercise any other remedy available
and remove any unauthorized User Content, if The Town of Manitou believes
that the User Content you provided has violated or is inconsistent with
these Terms of Use or violated the rights of The Town of Manitou , another
User or the law. You agree that monetary damages may not provide a sufficient
remedy to The Town of Manitou for violations of these terms and conditions
and you consent to injunctive or other equitable relief for such violations.
The Town of Manitou may release user information about you if required
by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. The Town of Manitou
is not required to provide any refund to you if you are terminated as
a User because you have violated these Terms of Use.
Privacy. We believe that your privacy and the privacy of all our users
is important. Please review our Privacy Policy. By posting Content to
the Site, you authorize us to use or allow others to distribute, reproduce
or otherwise use the Content. The Town of Manitou is not liable for any
lost data resulting from the operation of our Site and/or the enforcement
of the Terms. We urge all users to maintain their own back up versions
of any content they submit to the Site. Other than in registration forms,
or when entering a contest on the Site that is sponsored by us, you should
not post information about yourself on the Site that can be used to identify
you, your home or work address, phone numbers, pagers, email address or
other such personal information. The Town of Manitou cannot prevent such
information from being used in a manner that violates these rules, the
law, or your personal privacy and safety. By posting such information
on the Site, you violate these Terms of Use, and you assume the risks
and sole liability for the results of such posting.
Copyright Policy. We will terminate the privileges of any user who uses
this Site to unlawfully transmit copyrighted material without a license
express consent, valid defense or fair use exemption to do so. In particular,
users who submit Content to this Site, whether articles, images, stories,
software or other copyrightable material must ensure that the Content
they upload does not infringe the copyrights or other rights of third
parties (such as privacy or publicity rights). After proper notification
by the copyright holder or it agent to us, and confirmation through court
order or admission by the user that they have used this Site as an instrument
of unlawful infringement, we will terminate the infringing users' rights
to use and/or access to this Site. We may, also in our sole discretion,
decide to terminate a user's rights to use or access to the Site prior
to that time if we believe that the alleged infringement has occurred.
Disclaimers. The Town of Manitou does not promise that the Site will be
error-free, uninterrupted, nor that it will provide specific results from
use of the Site or any Content, search or link on it. The Site and its
Content are delivered on an "as-is" and "as-available"
basis. The Town of Manitou cannot ensure that files you download from
the Site will be free of viruses or contamination or destructive features.
The Town of Manitou disclaim all warranties, express or implied, including
also any implied warranties of merchantability and fitness for a particular
purpose. The Town of Manitou s will not be liable for any damages of any
kind arising from the use of this Site, including without limitation,
direct, indirect, incidental, and punitive and consequential damages.
The Town of Manitou makes no guarantee of any specific result from use
of this Site. The Town of Manitou disclaim any and all liability for the
acts, omissions and conduct of any third party users, The Town of Manitou
users, advertisers and/or sponsors on the Site, in connection with The
Town of Manitou s services or otherwise related to your use of the Site
and/or The Town of Manitou services. The Town of Manitou is not responsible
for the products, services, actions or failure to act of any venue, performer,
promoter or other third party in connection with or referenced on the
Site. Without limiting the foregoing, you may report the misconduct of
users and/or third party advertisers, service and/or product providers
referenced on or included in the Site to The Town of Manitou by emailing
the responsible party. The Town of Manitou may investigate the claim and
take appropriate action, in its sole discretion.
Limitation on Liability. Except in jurisdictions where such provisions
are restricted, in no event will The Town of Manitou be liable to you
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits, even if The Town of Manitou has
been advised of the possibility of such damages.
Disputes. If there is any dispute about or involving the Site, by using
the Site, you agree that the dispute will be governed by the laws of the
province of Manitoba without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the provincial and
federal courts of the Province of Manitoba, City of Winnipeg.
Colours. We have made every effort to display as accurately as possible
the colours of our products that appear on this site. However, as the
actual colours you see will depend on your monitor, we cannot guarantee
that your monitor’s display of any colour will be accurate.
Indemnity. You agree to indemnify and hold The Town of Manitou , its subsidiaries,
affiliates, officers, agents and other partners and employees, harmless
from any loss, liability, claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the
Site, including also your use of the Site to provide a link to another
site or to upload content or other information to the Site.
Trademarks. The Town of Manitou ’s logo and design are trademarks
of The Town of Manitou . All rights reserved.
Privacy Policy
This privacy statement is applicable to Transport
Ease and Management Services (herein known as The Town of Manitou) and
all of its affiliates.
The Town of Manitou does not knowingly collect any personally identifiable
information from children under the age of 13. The Town of Manitou policy
is to respect and protect the privacy of our users. The Town of Manitou
does not collect personally identifiable information about individuals
except when such individuals specifically provide such information on
a voluntary basis. For example, such personally identifiable information
may be gathered from a contest or sweepstakes registration, the purchase
of products or services offered on the site, the registration process
for subscription sites or services and in connection with content submissions,
community postings (e.g., chat and bulletin boards), suggestions, voting/polling
activities and transactional areas. Personally identifiable information
on individual users will not be sold or otherwise transferred to unaffiliated
third parties without the approval of the user at the time of collection
but may be shared with the applicable online partner collecting such personally
identifiable information. At such points of collection, the user may have
the opportunity to indicate whether he or she would like to "opt
out" of receiving promotional and/or marketing information about
other products, services and offerings from The Town of Manitou and/or
any third parties.
Further, notwithstanding any opt out of promotional information by the
user, The Town of Manitou reserves the right to contact a subscriber regarding
account status, changes to the subscriber agreement and other matters
relevant to the underlying service and/or the information collected. The
Town of Manitou may disclose user information in special cases when we
have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
The Town of Manitou rights or property, other users, or anyone else that
could be harmed by such activities. The Town of Manitou may disclose user
information when we believe in good faith that the law requires it. The
Town of Manitou reserves the right to perform statistical analyses of
user behavior and characteristics in order to measure interest in and
use of the various areas of the site and to inform advertisers of such
information as well as the number of users that have been exposed to or
clicked on their advertising banners. The Town of Manitou will provide
only aggregated data from these analyses to third parties. Also, users
should be aware that The Town of Manitou might sometimes permit third
parties to offer subscription and/or registration-based services through
The Town of Manitou site. The Town of Manitou is not responsible for any
actions or policies of such third parties and users should check the applicable
privacy policy of such party when providing personally identifiable information.
Users should be aware that when you are on The Town of Manitou site you
could be directed to other sites that are beyond our control. There are
links to other sites from The Town of Manitou site that take you outside
our service. For example, if you "click" on a banner advertisement,
the "click" takes you off The Town of Manitou site. This includes
links from advertisers, sponsors and partners that may use a logo as part
of a co-branding agreement. These other sites may send their own cookies
to users, collect data, or solicit personal information. Always be aware
of where you end up. Additionally, users should be aware that when they
voluntarily disclose personally identifiable information (e.g., user name,
e-mail address) on bulletin boards or in the chat areas of The Town of
Manitou site, if any, that information, along with any substantive information
disclosed in the user's communication, can be collected and correlated
and used by third parties and may result in unsolicited messages from
other posters or third parties. Such activities are beyond the control
of The Town of Manitou.
Users also should be aware that non-personal information and data may
be automatically collected through the standard operation of NetSet Solutions
internet servers or through the use of "cookies." Cookies are
small text files a web site can use to recognize repeat users, facilitate
the user's ongoing access to and use of the site and allow a site to track
usage behavior and compile aggregate data that will allow content improvements
and targeted advertising. Cookies are not programs that come onto a user's
system and damage files. Generally, cookies work by assigning a unique
number to the user that has no meaning outside the assigning site. Users
should be aware that The Town of Manitou cannot or does not control the
use of cookies or the resulting information by advertisers or third parties
hosting data for The Town of Manitou. If a user does not want information
collected through the use of cookies, there is a simple procedure in most
browsers that allows the user to deny or accept the cookie feature; however,
users should note that cookies may be necessary to provide the user with
certain features (e.g., customized delivery of information and ordering
on the ecommerce shopping cart) available on The Town of Manitou site.
The Town of Manitou will use reasonable efforts to allow users to update/correct
personal information previously submitted which the user states is erroneous
to the extent such activities will not compromise privacy or security
interests. Also, upon a user's request, The Town of Manitou will use commercially
reasonable efforts to functionally delete the user and his or her personal
information from its database; however, it may be impossible to delete
a user's entry without some residual information because of backups and
records of deletions. The importance of security for all personally identifiable
information associated with our guests is of utmost concern to us. We
exercise great care in providing secure transmission of your information
from your PC to our servers, utilizing encryption software. Only those
employees who need access to your information in order to do their jobs
are allowed access, each having signed compressive nondisclosure agreements,
which provides explicit legal confidentiality protections. Any employee
who violates our privacy and/or security policies is subject to disciplinary
action, including possible termination and civil and/or criminal prosecution.
The Town of Manitou reserves the right to change this policy at any time.
Substantive changes to this privacy statement will be noticed by posting
notice of such changed policy on this page. Please check this page regularly.
This statement and the policies outlined herein are not intended to and
do not create any contractual or other legal rights in or on behalf of
any party. By using this site, you signify your assent to The Town of
Manitou Privacy Policy. If you do not agree to this policy, please do
not use our site. Your continued use of The Town of Manitou site following
the posting of changes to these terms will mean you accept those changes.
Questions regarding this statement should be directed to: email
us
