Terms of Use

Last Updated: September 12, 2017

The following terms of use (the “Terms of Use”) form an agreement betweenHR Ottawa, L.P., which, as a service provider to the Ontario Lottery and Gaming Corporation, operates the Rideau Carleton Raceway Casino in Ottawa (“RCR”), and you and govern your access to and use of: (a) the RCR website located at www.rideaucarletoncasino.com; and (b) other services that may be provided by RCR through the Website from time to time (together, the “Website”).

Except where stated otherwise, the term “RCR” shall be deemed to include HR Ottawa, L.P. and its affiliates, subsidiaries, successors and assigns.

BY USING THE WEBSITE (AS THAT TERM IS DEFINED ABOVE), YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 7.

THE WEBSITE IS NOT INTENDED FOR USE BY ANY PERSON UNDER THE AGE OF 19. ANY USE OF THIS WEBSITE BY PERSONS UNDER THE AGE OF 19 SHOULD ONLY BE UNDER THE DIRECT SUPERVISION OF THAT MINOR'S PARENT OR LEGAL GUARDIAN.

As a condition of your use of the Website you represent, covenant and warrant that: (a) you have reached 19 years of age; (b) you possess the legal authority to create a binding legal obligation, including, if you are using the Website on behalf of another person or a corporate entity, the authority to bind such person or entity; (c) you will use the Website in accordance with these Terms of Use; and (d) any and all information supplied by you to us or through the Website is and will be true, accurate, current, and complete.

 

1. OWNERSHIP

The Website; any designs, graphics, pictures, illustrations, artwork, videos, music, sounds, names, words, titles, phrases, logos, button icons, marks (including service marks, trade names, slogans, and other identifying marks), information, material, images, text, data, media, software, or content contained on or provided through the Website (collectively, the “Content”); and other materials provided by us to you in connection with these Terms of Use, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.

We expressly reserve all rights in the Website, the Content, and other materials provided by us to you in connection with these Terms of Use that are not specifically granted to you. You acknowledge that (i) all rights, title, and interest in the Website, the Content, and other materials provided by us hereunder, and any update, adaptation, translation, customization, or derivative work thereof, and all intellectual property rights therein, will remain with us (or our licensors, if applicable); and that (ii) the Website, Content, and other materials provided by us hereunder are licensed and not “sold” to you.

The Website and the Content are: © 2017 Rideau Carleton Raceway Casino.

 

2. UNLAWFUL OR PROHIBITED USE

You may not use the Website or the Content, without our prior written permission, for purposes other than informational purposes or as otherwise expressly permitted in these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to):

(a)  send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Website any data, information, pictures, videos, music or other materials or content that:

i.   contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

ii.   you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;

iii.   is false, intentionally misleading, or impersonates any other person;

iv.   is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

v.   is harmful to minors in any way or targeted at minors;

vi.   violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right, or right of publicity); or

vii.   encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;

(b)  “frame”, “mirror”, “deep-link”, link, or otherwise incorporate the Website or the Content or any part thereof on any website or on any other platform (i) in any way that is illegal or discredits, disparages, or otherwise damages our reputation or takes advantage of it; (ii) in any way as to suggest any form of association, approval, or endorsement on our part where none exists, or (iii) on any website or other platform that is not owned by you;

(c)  access, monitor or copy any part of the Website or the Content using any robot, spider, scraper, or other automated means;

(d)  violate the restrictions in any robot exclusion headers on the Content or the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;

(e)  disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);

(f)   attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the Website;

(g)  copy, upload, download, reproduce, modify, distribute, transfer, sell, publish, display, post, broadcast, perform, transmit, license, or circulate in any form any part of the Website or the Content; or

(h) create derivative works based on the Website or the Content, in whole or in part; or decompile, disassemble, reverse engineer, or otherwise exploit any part of the Website or the Content.

 

3. DATA YOU UPLOAD TO US

You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store, and use any data, information, records and files (other than personal information) that: (a) you load, transmit to or enter into the Website (including through a mobile device), including any feedback, comments, suggestions and/or ideas you may submit to us; or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records, and files, including compilations and derivative works thereof, including for the purpose of: (i) making the Website available to you and providing our products and services; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.

 

4. LINKS

The Website may contain links to other websites. These links are provided for convenience only. We are not responsible for, and do not endorse, the content, products, or services that may be contained on the linked websites nor do we guarantee the quality, accuracy, reliability, non-infringement, merchantability, or fitness for any purpose of such content, products, or services. You acknowledge and agree that we have no control over these linked websites, and therefore have no obligation or liability with respect to any access by you of any linked websites, or for your use of any information, products, or services on the linked websites.

 

5. VIRUSES

The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.

 

6. PRIVACY POLICY

The RCR Privacy Policy, which is hereby incorporated into these Terms of Use, sets out a description of the privacy and data practices on the Website, and is accessible at Privacy Policy.

 

7. CHANGES TO THE TERMS OF USE AND WEBSITE

Except where prohibited by applicable law, RCR reserves the right to change these Terms of Use at any time by posting an updated version of the Terms of Use on the Website. Your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

We reserve the right to change the Content, including to correct or update any errors or omission in the Content, at any time, and from time to time, without notice.

 

8. ACCESS AND TERMINATION

These Terms of Use commence when you first access and use the Website and will continue in effect unless otherwise terminated in accordance with the terms of these Terms of Use. RCR reserves the right to restrict, suspend, terminate, or otherwise deny you use of the Website in our sole discretion at any time and for any reason, including your violation of any provision of these Terms of Use. In addition to the foregoing, RCR may, without notice, terminate these Terms of Use and immediately cease to provide you with access to the Website, if: (a) RCR is prevented from providing such to you due to any law, regulation, directive, or ruling from any governmental or regulatory authority; or (b) in our sole discretion, we determine that it is in our interest to stop providing such access to you. You may terminate these Terms of Use at any time by ceasing all access to and use of the Website.

 

9. LIMITATION OF LIABILITY AND DISCLAIMER

THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND IN RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL WE (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND OPERATORS OR OTHER SERVICE PROVIDERS) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, USE, OR DATA; PERSONAL INJURY; FINES; FEES; PENALTIES; OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF THE WEBSITE OR THE CONTENT.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY IN YOUR JURISDICTION, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT EXCEED TEN CANADIAN DOLLARS ($10). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

 

10. INDEMNIFICATION

You will defend, indemnify, and hold harmless us and all of our officers, directors, employees, agents, shareholders, and operators or other service providers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, in each case brought in connection with or as a result of (a) your breach of any provision of these Terms of Use or any documents referenced herein; (b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or (c) your use of the Website or the Content.

 

11. GOVERNING LAW AND JURISDICTION

This Terms of Use will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website or the Content.

 

12. ENTIRE AGREEMENT, WAIVER, SEVERABILITY

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

 

13. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • A description of the material on the website that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.