Terms of Use

Acceptance

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY. The Greater Toronto Airports Authority (the “GTAA”) owns and operates torontopearson.com, festi.ca, and apps.torontopearson.com, in addition to domain names which redirect to torontopearson.com or festi.ca (the “Website(s)”). This document (the “Agreement”) contains the terms and conditions under which you may access and use the Website(s). By accessing and using the Website(s) you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website(s). If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Website(s), your sole and exclusive remedy is to discontinue using them. The GTAA may revise this Agreement at any time. Use of the Website(s) after such changes are posted will signify your agreement to such revised terms. You should visit this page periodically to review this Agreement.

Ownership

All materials displayed or otherwise accessible through the Website(s), including, without limitation, news releases, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by the GTAA, its licensors or the party accredited as the provider of the Content. In addition, the Website(s) is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website(s). Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the Website(s) of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of the GTAA.

Official Marks

TORONTO PEARSON, TORONTO PEARSON LOGO, GREATER TORONTO AIRPORTS AUTHORITY, GTAA, GTAA DESIGN, AUTOPAY, CARGO WEST, CONNEXIONS@YYZ, LINK, LINK DESIGN, and PAY AND DISPLAY, PAY & DISPLAY and PAY/DISPLAY are either trademarks or official marks of the GTAA. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website(s) may constitute registered or unregistered official marks or trademarks of the GTAA or third parties. While certain trademarks of third parties may be used by the GTAA under license, the display of third-party trademarks on the Website(s) should not be taken to imply any relationship or license between the GTAA and the owner of such trademark or to imply that the GTAA endorses the wares, services or business of the owner of such trademark. Nothing contained on the Website(s) should be construed as granting you any license or right to use any official mark or trademark of the GTAA or any third party without the written permission of the GTAA or the owner of any third-party trademark.

Disclaimer of Warranties

The Website(s) and all Content are provided as is for informational purposes only. By accessing and using the Website(s) you acknowledge and agree that use of the Website(s) and the Content is entirely at your own risk. The GTAA makes no representations or warranties regarding the Website(s) and the Content, including, without limitation, no representation or warranty that: (1) the Website(s) and/or Content will be accurate, complete, reliable, suitable or timely; (2) any Content, including, without limitation, any airline flight information, data, software or service contained in or made available through the Website(s) will be of merchantable quality or fit for a particular purpose; (3) the operation of the Website(s) will be uninterrupted or error free; (4) defects or errors in the Website(s) will be corrected; (5) the Website(s) will be free from viruses or harmful components; and (6) communications to or from the Website(s) will be secure or not intercepted.

Limitation of Liability

Subject to applicable law, in no event shall the GTAA, its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns, be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, including, without limitation, any loss or damages in the nature of, arising from, caused by or relating to missed airline flights, delayed airline flights, lost property, lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if the GTAA knew of or ought to have known of the possibility of such damages.

The GTAA expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Website(s), any advertiser or sponsor of the Website(s) or any party linking to the Website(s) with or without permission from the GTAA (collectively, the “Third-Party User”). Under no circumstances shall the GTAA and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, indirect, incidental, punitive, special or consequential damages) or expense arising in any manner whatsoever from (1) the acts, omissions or conduct of any Third-Party User; and (2) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the Website(s).

If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the Website(s), you do so entirely at your own risk. You hereby release the GTAA and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them arising from your use of any goods or services made available through the Website(s) or by third parties through the Website(s).

Linking

The Website(s) contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the GTAA of the contents of such third-party websites. The GTAA is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation any representation or warranty (1) regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on any third-party website; (2) regarding the merchantability of fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (3) that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

The GTAA reserves the right to prohibit or refuse to accept any link to the Website(s). You agree to immediately remove any link you may have to the Website(s) upon the request of the GTAA.

Software Licenses and Ownership

All software embedded in or located on or at the Website(s), including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (the “Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the GTAA, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website(s), subject to (1) the terms and conditions of this Agreement, and (2) any additional conditions which may be imposed on your access and use of such Software.

Except to the extent expressly permitted in this Agreement, you shall not: (2) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (2) sell, rent, lease, license, transfer or otherwise provide access to the Software; (3) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (4) decompile, disassemble, decrypt, extract or reverse engineer the software or assist others in doing so.

Nothing contained in the Website(s) shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website(s) including, but not limited to, to any intellectual property rights in the Software.

Submissions

The Website(s) may provide features that allow you to interact with the GTAA and other users and to upload documents or other materials (collectively the “Submissions”). When using any of the features of the Website(s) which allow you to upload or make Submissions, it is a condition of your use of the Website(s) that you observe the rules of netiquette and that you do not: (1) restrict or inhibit any other user from using and enjoying the Website(s), interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of the GTAA imposes an unreasonable or disproportionately large load on the Website(s)s infrastructure; (2) transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (3) transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rightsholder; (4) transmit any Submission 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, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (5) transmit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (6) transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (7) transmit junk mail, chain letters, unsolicited mass mailing or spam; or (8) use the Website(s) for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

While the GTAA is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website(s) and terminating the submitting party’s right to access and use the Website(s) (or any portion thereof).

Indemnity

You agree to indemnify, defend and hold harmless the GTAA and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns from and against any and all claims, actions, suits, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements, whether made by a third party or not, arising from or resulting directly or indirectly from your: (1) breach of any of the terms and conditions of this Agreement; (2) access, use or inability to access or use the Website(s) or any website to which the Website(s) is or may be linked to from time to time; (3) use of, reliance on, communication with, or distribution, uploading or downloading of anything on or from the Website(s); and (4) violation of any law or regulation.

Security

Information sent or received over the Internet is generally unsecured, and the GTAA cannot and does not make any representation or warranty concerning security of any communication to or from the Website(s), or any representation or warranty regarding the interception by third parties of personal or other information.

Termination

The GTAA may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website(s) (or any portion thereof). The GTAA may also terminate your right to access and use the Website(s), or any part of the Website(s), if you breach any term or condition of this Agreement.

Governing Law and Jurisdiction

The Website(s) (excluding linked websites) is owned and controlled by the GTAA from its offices within the Province of Ontario, Canada. By accessing or using the Website(s), you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. You agree and hereby submit to the jurisdiction of the courts of the Province of Ontario with respect to such matters.

General

Any consent by the GTAA to, or waiver of, a breach of this Agreement which you have committed, whether expressed or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with the GTAA that expressly reference this Agreement, this is the entire agreement between you and the GTAA relating to the matters contained herein.