TERMS & CONDITIONS

Last revision: November 24, 2020

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Calgary Opera (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions. You should visit this page periodically to review the then current Terms and Conditions of use.

USE OF WEBSITE

You agree to use the Website for lawful purposes only and in a manner consistent with all applicable laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions of use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing or using the website illegal, are not authorized to use the Website.

Any material downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by us or our licensors, which includes material protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of Calgary Opera; all rights reserved.

DISCLAIMER

The Website and the content are provided “as is” without warranty of any kind. While we endeavour to provide information that is correct, accurate and timely, we disclaim all warranties, representations and conditions of any kind with respect to the Website and the content whether express, implied or collateral or whether arising by statute, course of dealing, custom or usage of trade, including, without limitation: (i) The content contained in or made available through the Website will be of merchantable quality and fit for a particular purpose, (ii) The Website or the content will be accurate, complete, current, reliable, or timely, (iii) That the operation of the website will be uninterrupted or error-free, (iv) That defects or errors in the website or the content (be they human or computer errors) will be corrected, (v) That the Website will be free from viruses or harmful components, (vi) That communications to or from the Website will be secure and/or not intercepted, and (vii) Any and all warranties, obligations, and conditions arising otherwise. The use of this site, the content and the services is entirely at your own risk.

LIMITATION OF LIABILITY

You agree in using the Website that Calgary Opera (and their officers, directors, employees, agents and each of their respective successors and assigns) shall not be liable under any circumstances, including but not limited to negligence, for any loss or damage whatsoever, direct, indirect, consequential, punitive, actual, incidental, special, exemplary or otherwise, including, without limitation, loss of profits, business interruption or loss of information arising out of the use or inability to use the Website or the content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if we knew or ought to have known of the possibility of such loss or damage.

INDEMNIFICATION

You agree that your use of the Website and/or the content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Calgary Opera, their respective affiliates or licensors. You agree, at your own expense, to indemnify, defend and hold Calgary Opera, their respective affiliates, licensors and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these Terms and Conditions of Use; and/or (ii) your use of the Website and/or the content.

SITE LINKS

The Website may include links to other internet sites maintained by third parties ("Linked Sites"). We provide access to Linked Sites solely as a convenience to you. We have no control over Linked Sites and you acknowledge and agree that we are not responsible for the availability of Linked Sites and you agree and understand that inclusion of Linked Sites does not imply endorsement by Calgary Opera of the Linked Sites or any content, advertising, products or other material available from Linked Sites. We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites, and we do not make any representation or warranty of any kind regarding any Linked Site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party web sites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, or (iii) any representation or warranty that the operation of such third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components. While Calgary Opera generally accepts links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website and, upon our request, you agree to remove any link you may have to the Website.

USER INFORMATION

With the exception of requests for proposals and any personal information submitted through the Website, unless otherwise agreed to in writing between you and Calgary Opera, any information or materials which you may provide to us (whether electronically or through your access to or usage of the website) including feedback data, such as questions, comments, suggestions or the like regarding any information contained on the Website, shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and/or materials. You hereby grant Calgary Opera a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such information and materials for any purpose and/or incorporate such information and materials in any form, media or technology now known or developed in the future, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in such information and materials in favour of Calgary Opera and (ii) acknowledge and agree that Calgary Opera is not responsible for any loss, damage or corruption that may occur to such information or materials.

GENERAL TERMS

These Terms and Conditions of use constitute the entire agreement between you and Calgary Opera with respect to the subject matter hereof. These Terms and Conditions shall inure to the benefit of, and be binding upon you and Calgary Opera and each of our respective successors and assigns. The invalidity or unenforceability of any provision of these Terms and Conditions or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms and Conditions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION

By accessing or using the Website, you agree that all matters relating to your access to, or use of the Website and the its content shall be governed by the laws of the Province of Alberta and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Alberta with respect to all matters relating to the Website.

PRIVACY POLICY

The terms of the Calgary Opera privacy policy are incorporated herein. You consent to the use of your personal information by Calgary Opera and/or their third party providers and distributors in accordance with the terms and for the purposes set forth in such privacy policy.

TICKET POLICY

The terms of the Calgary Opera ticket policy are available for review here.