TIMEWARP VR TERMS AND CONDITIONS

Date of Last Revision: 22 September, 2016.

This Site is a self-service online ticketing and event marketing application operated by TimeWarp VR and our related and affiliated companies (“we” or “us”).

This page contains the terms and conditions applicable to the purchase, order or obtaining of event tickets (the “Services”) from TimeWarp VR websites (the “Sites”) by persons or entities who purchase one or more tickets (the “Purchasers” or “you” or “your”) from third party venues and event/attraction providers who are using the Sites to facilitate ticket sales (the “Organizer” or “Providers”).

BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, TO OUR PRIVACY POLICY, AND TO ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITES OR BY THE ORGANIZER OR PROVIDERS. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. BY PURCHASING TICKETS OR OTHER SERVICES FROM US, YOU ALSO AGREE TO THE ORGANIZER/PROVIDERS’ ADDITIONAL TERMS AND CONDITIONS.

If you have any questions about the information below, please contact us at:

  • By Email: info@timewarpvr.xyz
  • In Writing:  TimeWarp VR, 675 King Street West, Suite 211 Toronto, ON, M5V 1M9 Canada

We reserve the right to amend these Terms and Conditions at any time, with or without notice. If there are material changes to these Terms and Conditions, we will notify you by placing prominent notice on the Sites and/or by email. When we post changes to these Terms and Conditions, we will also revise the "last updated" date. We encourage you to periodically review these Terms and Conditions. Each ticket that you purchase, order or obtain through the Sites is a revocable license to attend a particular event or attraction, and is subject to these terms and the terms offered by the event/attraction Provider.


TORONTO TIMEWARP VR EXPERIENCE AT FORT YORK NATIONAL HISTORIC SITE 

YOUR TICKET PROVISIONS

The terms in this section are applicable to tickets issued for attendance at Fort York National Historic Site, 250 Fort York Boulevard, Toronto, ON, M5V 3K9 (the “Venue” or “Fort York”) and participation in the Toronto TimeWarp VR Experience (or “attraction”).

  • Safeguard your ticket against loss or damage as you would safeguard your cash.
  • The alpha numeric purchase code for your ticket only allows for one entry and one use of the Toronto TimeWarp VR attraction. Unauthorized duplication may prevent your admission to the event. Tickets deemed lost or stolen will not be honored.
  • Neither we nor Fort York are responsible for loss or inconvenience arising from unauthorized duplication, loss or damage to your ticket.
  • We are the agent for Fort York, and are not responsible for any loss or damage resulting from the purchase or use of this ticket.
  • Except as expressly stated below, all ticket sales are final.
  • Additional terms and conditions of sale, which were accepted as a condition of issue of this ticket, are found at TimeWarp VR Privacy Policy.

At the time of purchase, the ticket purchaser (i.e. the “Purchaser” or “you”) assumes responsibility for the use, care, and return of the Equipment to be supplied in the course of the Toronto TimeWarp VR attraction. See also further terms below.

At the time of purchase, the Purchaser has the right to purchase ticket(s) for the benefit of one or more other persons. If the Purchaser will not be attending with the ticket, the Purchaser is required to name another person as the “Primary Visitor” who will be attending and using Purchaser’s ticket.

Use of the ticket also constitutes acceptance of these Terms and Conditions by the Purchaser and by the Primary Visitor and by any other person using the ticket.

Purchaser, and Primary Visitor, and any other person using the ticket, assume all risks incidental to any activity, event or attraction for which this ticket is issued, and agrees to assume all such risks, and to hold us, Fort York and the City of Toronto harmless with respect to any damage or loss resulting therefrom.

Prices are exclusive of taxes and facility charges, fees, where applicable, unless expressly stated as ‘inclusive’. You are reminded that entry to the Venue and attendance at the ticketed event is subject to compliance with applicable laws, by-laws, and Fort York’s rules and regulations. Failure to comply may result in denial of admission or in expulsion. Fort York reserves the right to refuse entry or access to the Venue and the Toronto TimeWarp VR attraction to any person, and/or to expel from the premises any person whose presence or conduct is deemed by it to be inappropriate or objectionable. Expulsion from the Venue cancels this ticket, and the holder forfeits all rights and claims, including without limitation, claims for refund or damages. Alcohol, illegal drugs, weapons, dangerous objects, cameras, recording devices, certain clothing, bags and containers of any kind, and such other items as it so advises, may, in the discretion of Fort York, be excluded from the Venue. Ticket holder consents to a reasonable examination of his/her personal effects to ensure compliance. The ticket may not be re-sold or offered for resale by anyone without permission of Fort York and may not be resold at a price exceeding its face value at any time. The ticket or this event or attraction may not be used in connection with any promotion or advertisement of any products or services, or any other commercial purpose.

Access to the Venue is for the date stated on the ticket. The ticket to the Toronto TimeWarp VR attraction is further limited to the stated date, time and duration. As part of the Toronto TimeWarp VR attraction, the ticket holder may be provided with certain equipment (the “Equipment”) from Fort York to enable the holder to engage the event experience. This Equipment is provided on an “as is where is” basis under license (the “License”) for a duration commencing and ending at the time stated on the ticket for the Toronto TimeWarp VR attraction. Latecomers will be accommodated in accordance with Fort York’s rules and regulations and applicable discretion, provided the Equipment must still be returned before the stated end time (i.e. the duration of the attraction is shortened).

No Refunds, Cancellations or Transfers

There is no compensation for “no shows” or late arrivals. In general, no compensation is available for inclement weather. Exceptions may be made only in Fort York’s absolute discretion. The Purchaser and Primary Visitor are responsible for being aware of local weather and of the event’s weather policies. If the Venue is closed on the date stated on the ticket, or if the Venue closes before the end of the ticketed time comprising the ticket holder’s access to the Toronto TimeWarp VR attraction and commencement of the License, or if necessary equipment for the Toronto TimeWarp VR attraction is not able to be supplied by Fort York to ticket holder on the date and time stated on the ticket, the ticket holder will be entitled to exchange the ticket for another ticket for a different date and time in the next following one (1) year, subject to availability, on a ‘first come first served’ basis. These provisions state Purchaser’s and any Primary Visitor’s or ticket holder’s exclusive rights and remedies in respect of each such occasion. In no event may ticket holder’s damages, however caused, exceed the amount paid for ticket holder’s ticket. No cash refunds will be made. Any requests for exchange must be made directly with Fort York.

Use of Equipment

It is a term of the License is that it is the responsibility of the Purchaser and the Primary Visitor to return all Equipment on a timely basis before the return time of such Equipment, and in as good condition as such Equipment was in when received. Please respect the Venue and your fellow patrons by ensuring the Equipment is so returned so it can be re-deployed to subsequent ticket holders.

Fort York shall have the right to request security for compliance with this obligation as a condition of releasing equipment to the Purchaser or Primary Visitor. Security may be taken in the form of a credit hold on an authorized payment card and/or in cash and/or by retention of appropriate government issued photo identification. Payment of any charges incurred may be taken from such payment card security or at Purchaser’s or Primary Visitor’s reasonable request, in cash or from a different payment card or electronic wallet.

Purchaser and Primary Visitor agree that Fort York shall have the right to charge, and require Purchaser and Primary Visitor to pay the following charges:

  1. Late return of Equipment:
    • less than 5 minutes late, no charge;
    • greater than 5 minutes late: $20.00;
  2. Damaged or broken Equipment: $100.00

Use of the Equipment during the time the Equipment is received by Purchaser or Primary Visitor until the Equipment is returned to Fort York is at Purchaser’s and Primary Visitor’s risk, jointly and severally. Purchaser and Primary Visitor are responsible for the actions and omissions of themselves and of any other persons who use the Equipment received with Purchaser’s ticket during the ticketed attraction time. Purchaser and Primary Visitor indemnify and hold harmless us, Fort York and the City of Toronto with respect to any damage or loss resulting from the use or misuse of the Equipment by Purchaser, Primary Visitor, and each such other person.

No warranty is made as to the quality or functionality of the Equipment or its fitness for a particular purpose, or its interoperability with equipment of Purchaser or Primary Visitor or any other person. Equipment is supplied “as is where is” without warranty of any kind. No warranty is made as to the quality of the Toronto TimeWarp VR attraction experience or as to any of the content of the Toronto TimeWarp VR attraction experience. The ticket holder acknowledges he/she has no intellectual property rights in any of the Toronto TimeWarp VR attraction experience or its content, or any of the content made available to him/her by Fort York or us.

Safety Considerations

Purchaser and Primary Visitor and each person using the ticket acknowledge the following facts and risks, and undertakes to inform of such facts and risks on a timely basis each person who uses the Equipment after the commencement of the License and before the Equipment’s return to Fort York, namely:

  • The Equipment enables a location based, immersive virtual reality experience. Ticket holders are cautioned to take care and be observant of their surroundings and other people and animals at the Venue, ie. in the ‘real world’, at all times so as to avoid personal injury or death or personal injury or death to others.
  • Do not look into the Equipment when walking or otherwise in motion. You risk tripping, falling, bumping into persons and objects, personal injury, death, and damage to the Equipment.
  • Persons who are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition are warned to see a doctor before using the Equipment.
  • Some users of virtual reality equipment may experience dizziness, seizures, epileptic seizures or blackouts triggered by light flashes or patterns. Such seizures are more common in children and people under the age of 20. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using the Equipment.
  • Take care with children under the age of 13 in the use of the Equipment. Prolonged use of virtual reality equipment could negatively impact hand-eye coordination, balance and multi-tasking ability.
  • Do not use the Equipment when tired, under the influence of alcohol or drugs, when hung over, under emotional stress or anxiety, or suffering from digestive problems, cold, flu, headaches, migraines, or ear aches. Immediately discontinue use if you experience any of the following symptoms: seizures; loss of awareness; eye strain; eye or muscle twitching; involuntary movements; altered, blurred, or double vision or other visual abnormalities; dizziness; disorientation; impaired balance; impaired hand-eye coordination; excessive sweating; increased salivation; nausea; light headedness; discomfort or pain in the head or eyes; drowsiness; fatigue; or any symptoms similar to motion sickness.
  • Do not drive or operate machinery or vehicles or engage in other activities that require unimpaired balance and hand-eye coordination while using the Equipment.
  • If you have a pacemaker or other implanted medical device, do not use the Equipment without first consulting your doctor.

Purchaser and Primary Visitor acknowledge, accept and assume all risks incidental to any event or attraction for which this ticket is issued, including from the time of entry to the event venue until Purchaser and Primary Visitor has finally left the Venue property.

WARNING: Be alert at all times. If injured, notify event staff and seek immediate attention.


ADDITIONAL GENERAL TERMS AND CONDITIONS

Currency

All ticket prices for events that occur in Canada are stated in Canadian Dollars. All ticket prices for events that occur in the United States are stated in U.S. Dollars.

Payment Methods

We accept several methods of payment to accommodate your needs. The particular methods then available will be advised at the time tickets are offered for sale to you for a specific event.

Who You Are Buying From

We act as the agent to the Organizer and event Provider who is/are organizing or promoting or otherwise providing the events and attractions for which you purchase or otherwise obtain tickets, such as museums, venues, artists' representatives and fan clubs, promoters and leagues. When you purchase, order or obtain a ticket for an event on the Sites, we will be handling the transaction and where applicable, collecting payment on behalf of the event Provider, and if the tickets are mailed they will be sent from Canada.

We do not produce or otherwise bring you events. We act as an Agent for the Organizer or Provider(s) from whom you purchase tickets. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.

Pricing and Availability

Event Providers set the ticket prices and determine seating locations and other event criteria. Tickets may be sold through one or more distribution points (eg. online, telephone, venue box office, or other) and may be distributed or sold by us, the Providers and other third party agents. We do not necessarily control all the ticketing systems and inventory. We do not guarantee ticket availability or available quantity or time of availability for any particular event that may be promoted or sold through the Site or the Services.

Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation page or email or text message) after submitting online payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Service Fees and Delivery Charges

We reserve the right to charge a per ticket non-refundable service fee, and to charge delivery fees if tickets are physically delivered. If service fees and/or delivery charges are to be charged to you, the fees will be disclosed at the time of sale on your invoice.

Number of Tickets Per Customer or "Ticket Limits"

When purchasing tickets on the Sites, you may be limited to a specified number of tickets for each event (also known as a "ticket limit"). This limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

Ticket Transfer

Tickets are not transferable.

Secondary Attractions

Your ticket is for a certain promoted attraction or event. Additional attractions and events held at the same time and at the same venue as your ticket may or may not be included, and may be subject to change or cancellation without notice. No refund will be owed in the event of a change or cancellation.

Cancelled and Postponed Attractions and Events – Refunds or Exchanges

Occasionally, attractions and events are cancelled or postponed by the Organizer or Provider. For exact instructions on any cancelled or postponed event, please check with the Organizer or Provider.

We do not offer and will not be responsible or liable in any way for refunds or exchanges, or lack thereof, or errors in processing same. The Organizer or Provider may offer refunds or exchanges, in its discretion. All communications and disputes regarding chargebacks and refunds are between the Organizer/Provider and you. We will not be responsible or liable in any way for chargebacks in connection with your use of our services.

In no circumstance will our service fees and delivery charges be refunded for tickets purchased on our Sites. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.

You agree that you will not attempt to evade, avoid, or circumvent our Terms and Conditions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Sites. Should you do so, your tickets may be cancelled, and we may, in our sole discretion, refuse to honour pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Sites.

Rescheduled Events

The event Organizer or Provider will be responsible to contact you with the new date and time. We may contact you or post notice of the rescheduled event, if and when made known to us by the event Organizer or Provider. Please contact the event Organizer or Provider for further information.

Replacement Tickets

We only provide tickets electronically. For damaged or destroyed print-at-home tickets, just print the tickets again. If your ticket is lost or stolen you can contact us or the Organizer/Provider for help. Bear in mind each unique ticket is for a single entry and one time use of the ticketed attraction.

Personal and Billing Information and Verification

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, our customer service may (but need not) attempt to contact you, using the information provided at the time of purchase. If we do not try to contact you, or are unable to reach you after an initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

When you place an order on our Sites, you represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards you have authority to use for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets on the Sites.

Delivery Options

Different combinations of delivery methods may be offered, depending on factors that include the venue or location where the event is to be held, the location in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase. In most instances tickets will only be delivered electronically.

Pricing and Other Errors

If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: We will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site or any of our Systems.

Circumvention/Misuse of Our Systems

When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.

You agree that you will not use any robot, spider or other automatic device, process or means to access the Sites. You agree that you will not use any robot, spider or other automatic or manual device, process or means to give yourself or others acting for your benefit or on your behalf the ability to navigate the Sites or purchase tickets on the Sites faster than users of the Sites who use a standard commercial browser and manually enter on their computers all information needed to navigate the Sites and purchase tickets. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Sites, including but not limited to such "CAPTCHA" system as may be used as part of the Site's ticket purchasing process. The CAPTCHA system requires the retyping of characters on your computer screen. You agree that the retyping will only be done manually by you on the keyboard for the computer that you are using to access the Sites. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Sites nor shall you attempt to interfere with the proper working of the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Sites without our prior, express written permission.

Laws

The sale or purchase of tickets to events may be regulated by certain federal, provincial, and local laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Please Note: certain federal, provincial, state, county and city laws, rules or regulations, may regulate the sale or purchase of tickets to entertainment events. You acknowledge that complying with all such laws, rules and regulations is your responsibility.

Assumption of Risk

You voluntarily assume all risks and danger incidental to the event for which a ticket is issued, whether before, during or after the event, and you waive any claims for personal injury or death against us, management, facility, league, artist, participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor.

License; Ejection and Cancellation; No Redemption Value

Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct the Organizer or Provider deems disorderly, who uses vulgar or abusive language or who fails to comply with an Organizer/Provider’s rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.

Recording, Transmission and Exhibition

A ticket gives you only limited rights and licenses. Certain venues and event Providers may restrict your right to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.

You grant permission to us and the event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

You Agree to be Subject to Search

At certain venues, you and your belongings may be searched on entry to the event or attraction. You consent to such searches at those venues that require them and waive any related claims that may arise. If you elect not to consent to such searches at those venues that require them, you may be denied entry to the event or attraction without refund or other compensation. Under certain venue rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful Re-Sale of Tickets; Commercial Purposes

Unlawful resale of tickets (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of this policy. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, authorized partners or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the event Provider, provided that even if such consent is obtained, any use of our trademarks and other intellectual property is subject to our consent.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. WE ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, PURCHASER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING PURCHASERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING PURCHASERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Notwithstanding the foregoing, you may report the misconduct of users, Purchasers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to us. We, in our sole discretion, may investigate the claim and take necessary action.

Limitation of Liability

WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS POLICY, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF THE PRICE YOU PAID TO US IN RESPECT OF SERVICES WHICH ARE THE SUBJECT MATTER OF YOUR CLAIMS, IN THE AGGREGATE, FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND OUR REASONABLE CONTROL. WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY USER OF THE SERVICES OR THE SITE. IN ADDITION, WE ARE NOT AFFILIATED WITH, AND HAVE NO EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND WE HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH PURCHASER, ORGANIZER OR THIRD PARTY SERVICE PROVIDER.

Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Release

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE AND SERVICES, YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, PURCHASERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SITE OR SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Choice of Law

This Policy and the provision of the Services to you are governed by the laws of the Province of Ontario, Canada, as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.

Arbitration

Any controversy or claim arising out of or relating to this policy or the provision of the Services shall be exclusively settled by final and binding arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] by a single Arbitrator. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, Canada and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You and we agree to submit to the personal jurisdiction of the courts located within the city of Toronto, Ontario. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, necessary to protect the rights or property of you or we (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Waiver; Invalid Provisions

Our failure or delay to exercise or enforce any right or provision of this policy shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this policy is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this policy shall remain in full force and effect.

Time to File Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this policy must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Titles

The section titles in this policy are for convenience only and have no legal or contractual effect.

General:

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND USER AGREEMENT.

Notice for California

Users Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Copyright © 2016 Awe Company Limited.

"TimeWarpVR" and “Toronto TimeWarpVR” are trademarks of 9662499 Canada Inc. used under license by Awe Company Limited and Fort York Tour 1, Inc. All rights reserved.