Welcome to the website of the Uptown Yonge Business Improvement Area. (“Uptown Yonge”).

Uptown Yonge recognizes your right to privacy and is strongly committed to protecting the privacy of all visitors to this website. The intent of this Privacy Policy is to detail our policies and procedures regarding the collection, use or disclosure of personal information of visitors to the Uptown Yonge website. This Policy also lets you know what to do if you do not want your personal information collected when you visit our website and how you can change or delete information you have already provided us.

Your Consent

By using our website, you consent to the collection, use and disclosure of your information by Uptown Yonge in accordance with the terms of our Privacy Policy. If we change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our Privacy Policy will be effective and binding on you immediately following the posting of such changes to this website. You agree to review our Privacy Policy from time to time. This Privacy Policy was last modified August 2011. Please also see our website’s Terms of Use for other terms and conditions governing your use of our website and our products and services.

Definitions

“Information of a Non- Personal Nature” means any non-confidential, non-proprietary information derived from your connection to this website, such as your Internet browser, domain name and referrer link.

“Personal Information” means personally identifiable information including, without limitation, your name and e-mail address.

Information of a Non-Personal Nature

As a general policy, with the exception of IP addresses, no Personal Information is automatically collected from visitors to the Uptown Yonge website. Uptown Yonge may gather and analyze IP addresses and certain Information of a Non-Personal Nature regarding website usage by visitors to the Uptown Yonge website. Such data is used in an aggregate form to assist Uptown Yonge in determining general usage patterns and to administer, diagnose problems with, and fine tune the layout of the Uptown Yonge website. We may share non-personal, summary, or aggregate customer data with partners and other third parties at our discretion.

Collection, Use and Disclosure of Personal Information

In certain portions of the Uptown Yonge website, certain Personal Information may be voluntarily and knowingly provided to us by visitors to the Uptown Yonge website.

Uptown Yonge shall only collect Personal Information of visitors to the Uptown Yonge website with prior notification and shall use all commercially reasonable efforts to protect your Personal Information. If you do not want us to have access to your Personal Information, please do not provide it while using this site. When you do provide Personal Information, you are authorizing us to use it in accordance with the terms of the Privacy Policy, including your right to limit our use of the Personal Information (see “Who to Contact” below).

Uptown Yonge may use Personal Information for feedback or other fully disclosed purposes, such as to respond by e-mail to an inquiry that you posed on-line, or to add your name to an opt-in e-mailing list, to the extent such use by Uptown Yonge is explained to visitors when the information is voluntarily and knowingly provided to Uptown Yonge. Your Personal Information may also be used by Uptown Yonge to contact you regarding products or services which may be of interest to you.

We will not give, sell, rent, or loan any of your Personal Information to any third party (with the exception of third parties performing functions on our behalf who have an obligation to keep your information completely confidential) unless you have authorized us to do so.

Uptown Yonge reserves the right to access and/or disclose Personal Information where required to comply with applicable laws or lawful government requests or, in Uptown Yonge’s reasonable opinion, to operate the Uptown Yonge website properly and securely, or to protect Uptown Yonge or visitors to this website. To the extent reasonably possible, Uptown Yonge shall attempt to obtain the prior consent of the individual to whom such Personal Information relates prior to disclosure to third parties.

A Note to Parents

Uptown Yonge is very sensitive to privacy issues and is committed to protecting the on-line privacy of children and making the Internet safe for our users. As a result, no Personal Information should be submitted to or posted on this site by children under the age of 18 without their parent’s or guardian’s permission. In addition, if a user younger than 18 wishes to send us Personal Information, he or she must first give us his or her parent’s or guardian’s e-mail address so that we can obtain their permission. No Personal Information will knowingly be accepted from a child under 18 before this permission is obtained. Be assured that Uptown Yonge will not condition a child’s participation in any website activity on the child’s disclosure of more Personal Information than is reasonably necessary to participate in that activity.

If your child has already provided us with Personal Information, you may ask to see this information for the purpose of correcting it, or ask us to delete this information from our records entirely (see “Who to Contact” below.)

Who to Contact

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

  • see Personal Information that you have already sent us so that you can correct or update it
  • once your child under 18 has sent us Personal Information, see that Personal Information so that you can correct or update it
  • once your child under 18 has sent us Personal Information, delete that Personal Information from our files
  • delete your Personal Information from our files
  • ask that we not send you mailings or otherwise contact you
  • report any violation of this Privacy Policy

please contact the Uptown Yonge Business Improvement area by phone at (416) 783-2120, by email at privacy@uptownyonge.com, or by regular mail at:

Uptown Yonge Business Improvement Area
2588 Yonge Street
Toronto, ON  M4P 2J3

Terms of Use

Your use of our website and all content and services available thereon are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website, or of any content or services presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective and binding on you immediately following the posting of such changes on our website. You agree to review these Terms of Use from time to time. These Terms of Use were last modified August 2011.

Disclaimer

Use of our website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you. Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

We have made commercial best efforts to obtain the most accurate and timely information available, including information concerning pricing and promotions, all of which is subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of our website and all content or services accessed from or available thereon are provided to you on an “as is” basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that our website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. In no event shall we be liable for any direct, indirect, consequential, special or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

Uptown Yonge Business Improvement Area, the Uptown Yonge logo and other identifying marks of Uptown Yonge are and shall remain the trademarks and trade names and exclusive property of the Uptown Yonge Business Improvement Area, and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website is the copyrighted property of the Uptown Yonge Business Improvement Area (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law. Information on this website may be used by you only for your personal use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereofto. The parties consent to the jurisdiction of the courts of, and venue and situs in Toronto, Ontario.

It is the express wish of the parties that these Terms of Use, the Privacy Policy and other notices on this website have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que tous les documents légales qui s’y rattachent soient rédigés en anglais.

With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Uptown Yonge, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns.

Contact

If you have any questions, comments or concerns about our website or these Terms of Use, please contact the Uptown Yonge Business Improvement Area by phone at (416) 783-2120, by email at privacy@uptownyonge.com, or by regular mail at:

Uptown Yonge Business Improvement Area
2588 Yonge Street
Toronto, ON  M4P 2J3

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