Terms of Use

1. Acceptance of Terms

Visit Niagara Falls (operated by Data Premise Ltd.) provides a collection of online resources, including local directory listings, classifieds, travel guides, and related services (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By accessing or using the Service in any way, you agree to comply with and be bound by the TOU. Should you object to any term or condition, any guidelines, or any subsequent modifications, your only recourse is to immediately discontinue use of the Service.

2. Governing Law & Jurisdiction

This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

You irrevocably agree that the courts of Ontario, Canada, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or your use of the Service.

3. Content Responsibility

You understand that all advertisements, postings, business details, messages, text, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person or entity from whom such Content originated. You are entirely responsible for each individual item of Content that you post or make available.

You understand that Visit Niagara Falls does not control, and is not responsible for personal or business Content made available through the Service. When you post Content, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly display, reformat, translate, and distribute such Content for any purpose in connection with the Service.

4. Third-Party Content & Transactions

The Service contains links to third-party websites, including hotels, restaurants, and tour operators, which are completely independent of Visit Niagara Falls. Your interactions with organizations and/or individuals found on or through the Service, including the booking of tours, payment for services, or reliance on published discounts, are solely between you and such organizations.

You agree that Visit Niagara Falls shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service and third-party businesses.

5. User Conduct

You agree not to post, email, or otherwise make available Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy.
• Harasses, degrades, or intimidates an individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
• Impersonates any person or entity, including a Visit Niagara Falls employee, or falsely states your affiliation.
• Is fraudulent, deceptive, misleading, deceitful, or constitutes "bait and switch".
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights.
• Contains software viruses or any other computer code designed to interrupt or destroy the functionality of the Service.

6. Disclaimer of Warranties

YOU AGREE THAT USE OF VISIT NIAGARA FALLS AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VISIT NIAGARA FALLS OR DATA PREMISE LTD. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, IN THE PAST SIX (6) MONTHS.

8. Indemnification

You agree to indemnify and hold Visit Niagara Falls, Data Premise Ltd., its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

9. Termination of Service

You agree that Visit Niagara Falls, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your IP address, or terminate your access to the Service immediately and without notice, for any reason, including without limitation, if we believe you have acted inconsistently with the letter or spirit of the TOU.

10. Severability & Entire Agreement

The TOU constitutes the entire agreement between you and Visit Niagara Falls and governs your use of the Service, superseding any prior agreements. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

11. Contact Information

Please report any violations of the TOU or direct any legal inquiries by reaching out to us via our secure contact form:

Go to Contact Form