Legal Disclaimer & Terms of Use | Ball’s Falls Independent Guide

Last Updated: January 2025

1. Strictly Independent, Non-Commercial & Educational Purpose

This website (www.ballsfalls.ca) is an independent, non-commercial, encyclopedic, and educational project maintained by independent enthusiasts. We explicitly declare that this website has never been used, is not currently used, and will never be used for commercial purposes. We do not sell goods, tickets, or services.

Under the Canadian Internet Registration Authority (CIRA) Domain Name Dispute Resolution Policy (CDRP), Paragraph 3.4(d), the use of a domain name in good faith for non-commercial, educational, and descriptive purposes is recognized as a “legitimate interest” and a fundamental defense against bad-faith transfer claims.

2. Absolute Non-Affiliation and Defense Against Passing Off

To eliminate any potential for public confusion or the tort of “passing off,” we state unequivocally: this website is NOT affiliated with, endorsed by, authorized by, sponsored by, or connected to the Niagara Peninsula Conservation Authority (NPCA), the Ball’s Falls Conservation Area, or any government body.

We do not represent the NPCA and do not collect any revenue that belongs to them. For official park operations, facility rentals, commercial permits, or event bookings, visitors must go to the official NPCA website at www.npca.ca.

3. Fair Use of Geographic Names (Canadian Trademarks Act)

The name “Ball’s Falls” is used on this website strictly in its primary descriptive, geographic, and historical sense to identify the waterfalls of Twenty Mile Creek and the historic 19th-century settlement in Lincoln, Ontario.

According to the Canadian Intellectual Property Office (CIPO), “Ball’s Falls” is an unregistered geographic term. Furthermore, under the Canadian Trademarks Act (R.S.C., 1985, c. T-13), Section 20(b)(ii), no trademark or official mark can prevent an individual from making a bona fide (good faith) use of an accurate geographical description of a location. We use this name purely for geographic identification and free expression, not as a brand in the course of trade.

4. Copyright & Fair Dealing

All content, historical summaries, and geological descriptions on this site are original works or compiled from open-source educational data. We expressly disclaim the use of any proprietary texts or images owned by the NPCA.

Under the Canadian Copyright Act (R.S.C., 1985, c. C-42), Section 29, the use of information for the purposes of research, private study, and education falls under “Fair Dealing” and does not constitute copyright infringement. If any copyright owner believes their material is inadvertently hosted here, please contact us for immediate review and removal.

5. Freedom of Expression

The operation of this independent informational guide is an exercise of free speech. The right to document, discuss, and publish historical and geographical facts about Canadian landscapes is protected under Section 2(b) of the Canadian Charter of Rights and Freedoms, which guarantees the freedom of thought, belief, opinion, and expression.

6. Limitation of Liability and Assumption of Risk (Safety Disclaimer)

The geographical area of the Niagara Escarpment, including the Ball’s Falls gorge, contains natural hazards, steep cliffs, and moving water. The information provided on this website is for educational and planning purposes only.

We assume no liability for any personal injury, property damage, loss, or accident that may occur to individuals visiting the Ball’s Falls geographic area. Visitors who choose to explore the trails or waterfalls do so entirely at their own risk. We strongly advise all visitors to exercise caution, wear appropriate footwear, and assess their physical capabilities before hiking.

7. Compliance with Park Rules and No Inducement of Trespass

This website does not encourage, endorse, or induce trespassing, rule-breaking, or illegal entry onto private or protected lands. All visitors are fully responsible for obeying the official rules, boundary signs, and admission policies established by the Niagara Peninsula Conservation Authority (NPCA). Visitors must pay any required official entry fees, remain on marked trails, and respect the natural habitat and historical structures.

8. External Links

This site may contain links to external, third-party websites (including Wikipedia, the Bruce Trail Conservancy, and the NPCA). We have no control over the content, privacy policies, or practices of any third-party sites and bear no responsibility for them.

DISCLAIMER: ballsfalls.ca is an independent, non-commercial, encyclopedic website run by history and nature enthusiasts. We are NOT affiliated with, sponsored by, or endorsed by the Niagara Peninsula Conservation Authority (NPCA) or the official Ball's Falls Conservation Area. We do not sell tickets or provide commercial services. The term "Ball's Falls" is used here strictly to describe the geographic location and historical hamlet. For official park information and services, please visit the official NPCA website. All data is sourced from open encyclopedic sources like Wikipedia. Read our full Legal Disclaimer here