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LICENSING AGREEMENT

1.       Agreement Governs Use of This Site

Your use of this site and any of the images on this site is governed by this agreement (“Agreement”).  Please read this Agreement carefully.  You agree to be bound by the terms of this Agreement.  If you do not agree, you will not be allowed access to this site or the right to use any of the images on it.

2.       Accepting the Agreement

To confirm your acceptance of this Agreement, click on the “I ACCEPT” button.  Whether or not you click the “I ACCEPT” button, your use, direct or indirect, of any image presented on this site constitutes your agreement to be bound by the terms and provisions of this Agreement, without exception.

3.       Authorized Use of Images (“Licensed Property”)

Tourism Toronto hereby grants you the world-wide, non-exclusive, right to use the Licensed Property, without charge, subject to the following limitations and to the provisions of paragraph 5 below:

(a)     you will not use or authorize any person or entity to use the Licensed Property for advertising, commercial or similar purposes;

(b)     you may only use the Licensed Property for the purpose of promoting or identifying Toronto and the surrounding area and its/their attractions;

(c)     in the finished material of the Licensed Property, wherever and however it is publicized, you will strictly comply with the photo credit instructions indicated on this site for each image you use;

(d)     you may only use the Licensed Property for lawful purposes;

(e)     you are responsible to ensure that your use of the Licensed Property complies with all applicable laws in the jurisdictions in which the Licensed Property is used;

(f)      you will not use the Licensed property in any way that is deceptive, misleading, defamatory or discriminatory, or that may discredit or reflect negatively on Tourism Toronto, the City of Toronto and surrounding regions, the Province of Ontario, the Government of Canada or any of its provinces or territories, or any person or entity;

(g)     you may not and will not license or authorize third parties to use the Licensed Property without the prior permission of Tourism Toronto.

4.       Indemnity

You hereby indemnify Tourism Toronto from any and all liabilities, damages, claims, suits, judgments, costs and expenses (including reasonable legal fees) arising from the breach of any of your warranties, obligations, representations or provisions hereof, and all acts, omissions of any person or firm employed by you to perform any portion of your duties or obligations contained herein.

5.       Termination

Tourism Toronto may, in addition to all of its other remedies at law or in equity, revoke and terminate this Licensing Agreement by written notice to you if you fail to cure any breach of this Licensing Agreement within five (5) business days from receipt of notice thereof.

6.       Ownership of the Licensed Property

The Licensed Property includes, but is not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software.  All elements of the Licensed Property, without restriction or limitation, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights.  Subject to this paragraph 6 and all other provisions of this Licensing Agreement, you may only download, copy, duplicate, retransmit or otherwise reproduce and use the Licensed Property “as is” unless Tourism Toronto otherwise authorizes you in writing.

7.       Disclaimer

The Licensed Property is provided “as is” and Tourism Toronto excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.  You agree that Tourism Toronto will not be liable for any damages of any kind arising out of your use of, or your inability to use, the Licensed Property including, but not limited to, direct, compensatory, special, indirect, loss of profits, damages of any and all kinds, whether or not Tourism Toronto has been advised of the possibility of such damages.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by the laws of jurisdictions other than the Province of Ontario.

8.       Governing Law

This Licensing Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and both you and Tourism Toronto hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

9.       Entire Agreement

This Licensing Agreement sets forth the entire Agreement and understanding between you and Tourism Toronto concerning the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind and nature between you and Tourism Toronto.  Should any provision of this Licensing Agreement be found unenforceable, wherever possible this will not affect any other provision hereof, each of which will remain in full force and effect.

I agree to the above conditions and swear that all information provided by me to TT and its representatives is true and correct to the best of my knowledge.
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