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VISIT INDY Website terms of use

VISIT INDY WEBSITE TERMS OF USE

Last Updated May 6, 2013

The following Terms of Use (the “Terms of Use”) govern any use of or access to the website of Visit Indy, Inc. (“Visit Indy”) available at http://visitindy.com/, any mobile applications we may provide, and any other online services we may provide, (together, the “Site and Services”). BY ACCESSING OR USING THE SITE AND SERVICES OR ANY CONTENT ON THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE AND SERVICES OR USE THE CONTENT OR ANY SERVICES IN THE SITE AND SERVICES. THESE TERMS OF USE ARE AN AGREEMENT MADE BETWEEN VISIT INDY AND ANY PERSON OR ENTITY WHO ACCESSES OR USES THIS SITE AND SERVICES OR ITS CONTENT (THE “USER”). Throughout these terms, “We” or “Our” refers to Visit Indy, and “You” or “Your” refers to the User.

  1. Modification to Terms of Use. We reserve the right, at its sole discretion, to modify these Terms of Use at any time without prior notice to any User, including imposing a fee to access certain materials contained on the Site and Services. Your use of the Site and Services following any such change constitutes Your agreement to follow and be bound by the Terms of Use, as modified. For this reason, we encourage You to review these Terms of Use for updates or any changes whenever You use the Site and Services.
  2. Use of Site and Services. The information provided on the Site and Services is for general informational and educational purposes. Although use of the Site and Services is intended for members of the general public, We may provide certain sections of this Site to limited to particular audiences. We have the exclusive right to control accessibility, hours of use, features on the Site and Services and any other information found on the Site and Services. We can restrict access to any or all portions of the Site or alter or remove any information or content from the Site and Services at any time. We reserve the right to monitor use of the Site and Services. Use of this Site and its content is licensed, not sold, to You. As a User of this Site and Services, You are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and Services and its content in accordance with these Terms of Use. We may terminate this license at any time for any reason.
  3. Content Ownership and Usage. All of the content on this Site and Services, including without limitation, all of the articles, text, images, illustrations, graphics, photographs, audio clips, video clips, page headers, the underlying software code, the “look and feel” of the Site and Services, its color combinations, layout and all other graphical elements, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses of Visit Indy, its affiliates and/or its third party content providers. Unless otherwise expressly noted in the Terms of Use, nothing that You read or see on the Site and Services or other Site content, or any of the source code or HTML code that Visit Indy uses to generate the Site and Services, may be copied, reproduced, modified, distributed, transmitted, republished, uploaded, posted, displayed, “framed” on another site or performed, except with the prior written consent of Visit Indy. Notwithstanding the foregoing, User may make one (1) electronic or paper copy of the content displayed on the Site and Services for personal, noncommercial use only. You may not distribute (including via e-mail or the Internet) or otherwise make available copies to others, whether or not for payment or other consideration, except with Visit Indy’s prior written permission or to the extent expressly authorized on the Site and Services. User must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site and Services. Any third party marks and content appearing on the Site and Services are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
  4. Privacy Policy. Visit Indy respects the privacy of the Users of the Site and Services. Visit Indy’s current privacy policy is available at (the “Privacy Policy”) and is incorporated herein by this reference. The Privacy Policy explains the User’s rights and responsibilities with respect to information that is disclosed on the Site and Services.
  5. Prohibited Conduct. You are required to comply with all applicable laws and regulations in connection with Your access to and/or use of the Site and Services or any of Site content and such further limitations or restrictions as may be set forth in any written or on-screen notice from Visit Indy. As a condition to Your use of the Site and Services, You represent and warrant to Visit Indy that You will not use the Site and Services for any purpose that is unlawful or prohibited by this Agreement. Without limiting the generality of the foregoing, You expressly agree that You will not, either personally or through an agent:

    1. knowingly provide or submit false or misleading information; including but not limited to any incomplete, false, duplicate, or inaccurate biographical information or other information for purposes of registering as a user of the Site and Services or for purposes of registering for any promotions, contests or surveys offered through the Site and Services;
    2. access, download, monitor, harvest, or copy any information contained on Our Site and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site and Services;
    3. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services;
    4. interfere or attempt to interfere in any manner with the use, enjoyment or service of the Site and Services, including, without limitation, by “flooding”, “spamming”, “mail bombing” or “crashing” the Site and Services;
    5. post any material on the Site and Services that is offensive, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy, tortuous, or otherwise objectionable to Visit Indy. Visit Indy maintains the exclusive right to determine what is objectionable;
    6. attempt to gain unauthorized access to, or control of, any portion or feature of the Site and Services, other user accounts or any other systems or networks connected to the Site and Services or to any server used by Visit Indy by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site and Services user;
    7. transmit, install, upload or otherwise transfer to the Site and Services any unauthorized advertisement, spam, solicitation, or other unauthorized communication;
    8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site and Services or probe, scan or test the vulnerability of the Site and Services or any network connected to the Site and Service, nor breach the security or authentication measures on or of the Site and Services or any network connected to the Site and Services. You may not reverse look-up, trace or seek to trace any information on any other User of the Site and Services, or exploit the Site and Services or any service or information made available or offered by or through the Site and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than Your own information, except as expressly authorized by Visit Indy and provided for by the Site and Services;
    9. engage in any action that Visit Indy determines interferes with or is detrimental to the use and enjoyment of the Site and Services by others, imposes an unreasonable or disproportionately large load on Visit Indy’s infrastructure, interferes or attempt to interferes with the proper working of the Site and Services or any activities conducted on the Site and Services;
    10. use the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights; or
    11. intentionally or unintentionally violate these Terms of Use, other applicable agreement with Visit Indy, and any applicable local, state, national or international law, and any rules and regulations having the force of law.
  6. Disclaimer and Limitation of Liability. Although Visit Indy has attempted to provide accurate information on the Site and Services, it makes no representation, guarantee or warranty of any kind, express or implied, as to the reliability, accuracy, timeliness or completeness of that information (and assumes no responsibility for any errors or omissions therein), or as to the products or services Visit Indy may provide. YOU ACCESS AND USE THIS SITE AND SERVICES AND THE CONTENT THEREOF AT YOUR OWN RISK. THE SITE AND SERVICES IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED.

    NEITHER VISIT INDY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE AND SERVICES, SHALL BE LIABLE FOR ANY DAMAGES OR LOSS RESULTING FROM ACCESS TO, USE OR UNAVAILABILITY OF, INFORMATION OR CONTENT ON THE SITE AND SERVICES, OR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THIS DISCLAIMER IS ALSO APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF VISIT INDY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. VISIT INDY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL VISIT INDY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

    IN NO EVENT WILL VISIT INDY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND SERVICES. Visit Indy is not responsible for any inaccuracies, typographical errors or any other mistakes on the Site and Services or in any content You may obtain from the Site and Services, and reserves the right to make corrections.

    VISIT INDY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VISIT INDY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    Visit Indy has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on You; how You may interpret or use Content; or what actions You may take as a result of having been exposed to Content. You release Visit Indy from all liability for You having acquired or not acquired Content through the Site and Services. Visit Indy makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site and Services, and Visit Indy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services.

  7. Trade and Service Marks. All rights in product names, Visit Indy names, trade names, logos, product packaging and designs of Visit Indy and/or third-party products or services, whether or not appearing in large print or with the trademark symbol on this Site and Services (collectively, “Marks”), are trademarks or service marks of Visit Indy, its affiliates, related companies and/or its licensors, unless otherwise noted. The use or misuse of these Marks or any other materials, except as permitted by Visit Indy, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. User does not have any right or license of any kind to use any such Marks. Please be advised that Visit Indy actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

    Third Party Websites, Links and Content. This Site and Services may contain links or references to other websites maintained by third parties over whom Visit Indy has no control. Such links are provided merely as a convenience. Similarly, the Site and Services may be accessed from third party links over whom Visit Indy has no control. Visit Indy is not the publisher or endorser of any information on the Site and Services that is provided by third party content providers or by Users. Any mention on the Site and Services of products or services provided by third parties, and/or the inclusion of any third party link, is for informational purposes only and constitutes neither an endorsement nor a recommendation by Visit Indy. Visit Indy makes no representation, guarantee or warranty of any kind, either express or implied, as to the accuracy, currency, completeness, merchantability or fitness for a particular purpose of any information provided by third parties on this Site and Services or the existence or functionality of any website which can be accessed through a link located on this Site and Services. Visit Indy is not liable for any claims related to such information or related to any content or information on third party websites and assumes no responsibility for any products or services provided by third parties or third party websites. Any dealings between User and any third party mentioned on or found through the Site and Services are solely between the User and the third party, and are subject to any terms, conditions, warranties or representations associated with those dealings.

  8. Interactivity. Given the interactive nature of the Site and Services and the volume of the messages and postings, Visit Indy cannot and does not monitor all of the material posted on the Site and Services or transmitted through the by Users and third party information providers. To protect Your safety, please use Your best judgment when using these forums. We particularly discourage divulging personal phone number and addresses or other information that can be used to identify or locate You. If You make such disclosures either through postings in classified advertising You place or in other interactive areas, or to third parties in any communication, You do so fully understanding the consequences of such disclosures and knowing that such information could be used to identify You.
  9. User-Provided Information and Content. If You transmit, post, store or otherwise communicate (collectively, “post”) information (“Submitted Content”) on this Site and Services in a public area, , You are solely responsible for such post, the consequences of posting Submitted Content, and Your reliance on any communications or information found in these areas. In consideration of being allowed to post Submitted Content in public areas on the Site and Services,:

    1. You grant to Visit Indy a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Submitted Content into other works; sublicense the Submitted Content, and acknowledge that this license cannot be terminated by You once Your Submitted Content is submitted to the Site and Services;
    2. Visit Indy may, in its sole discretion, chose to remove or not remove any Submitted Content once published;
    3. You represent that You own or have secured all legal rights necessary for the Submitted Content submitted by You to be used by You, Visit Indy, and others as described and otherwise contemplated in these Terms of Use;
    4. You represent and warrant that each person identified, depicted, or shown in Your Submitted Content, if any, has provided consent to the use of the Submitted Content consistent with these Terms of Use.
    5. You agree not to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
    6. You agree not to allow any other person or entity to use Your identification or any login credentials personal to You for posting or viewing comments.

    Visit Indy reserves the right to review Submitted Content on the Site and Services, to remove any postings and to terminate Your ability to post to the Site and Services at any time without notice, in its sole discretion. Visit Indy also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

    By posting Submitted Content, including, without limitation, communication during registration, communication on any webpage, placing any classified advertisement, entering any sweepstakes, etc., You represent and warrant: (1) You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in these Terms of Use; (2) all information and content You provide is true, accurate, current and complete, and does not violate these Terms of Use; and, (3) the information or content You provide will not cause injury to any person or entity. Using a name other than Your own legal name is prohibited (except in those specific areas of the Site and Services that specifically ask for unique, fictitious names (e.g., certain message board and chat rooms)).

    For any Submitted Content, You grant Visit Indy, its affiliates, related entities, and technology and content partners, a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such content, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, You authorize Visit Indy to share such content across all its affiliated websites and technology and content partners, to include the content in a searchable format accessible by Users of the Site and Services and affiliated websites, and to use Your name and any other information in connection with its use of the material You provide. You also grant Visit Indy the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication You send to Visit Indy and/or the Site and Services for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.

    Please note the Visit Indy does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site. Should You send any unsolicited materials or ideas, You do so with the understanding no additional consideration of any sort will be provided to You, and You are waiving any claim against the Site and Services, Visit Indy and/or its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea You sent.

  10. Registration Information We may require that You create an account to use or access certain parts of the Site and Services and use certain products and features. We may require that You provide login information such as a username and password to access and utilize Your account. As a condition of Your use of the Site and Services, You agree to (a) provide Visit Indy with true, accurate, current and complete information as prompted by the Visit Indy’s registration forms, when registering for or using the Site and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under Your username and password. Creating serial or overlapping accounts may result in account termination. Please contact us if You have questions about managing multiple accounts.
  11. Notice of Copyright Infringement. Visit Indy prohibits the posting of any information that violates or infringes the copyrights of any person or entity. To provide us with notice of a copyright infringement,, please provide Visit Indy’s Copyright Agent with the following information:

    1. Identification of the copyrighted work claimed to have been infringed;
    2. Identification of the allegedly infringing material on the Site and Services that is requested to be removed and information reasonably sufficient to locate such material;
    3. Your name, address and daytime telephone number, and an e-mail address if available, so that Visit Indy may contact You if necessary;
    4. A statement that You have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
    5. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
    6. An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

    Visit Indy’s Copyright Agent for Notice of claims of copyright infringement on the Site and Services can be reached as follows:

    Copyright
    Visit Indy
    200 S Capitol Ave, Suite 300
    Indianapolis, IN 46239

    Visit Indy will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement – or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3). Please be advised that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that an activity is infringing.

  12. Minors. You must be at least eighteen (18) years old to access the Site and participate in the Services.
  13. Indemnification. You agree to indemnify, defend and hold harmless Visit Indy, its officers, directors, shareholders, employees, agents, assigns, suppliers, affiliates and third party partners from and against any cause of action or claim, including all losses, expenses, damages, costs and reasonable attorneys’ fees, resulting from any violation by You of these Terms of Use, Your use of the Site and Services and the content thereof, Your posting of any information or content on the Site and Services and/or the infringement or violation by You of any intellectual property or other right of any person or entity.
  14. Void Where Prohibited. The Site and Services and its contents are intended to comply with the laws and regulations in the United States of America (“U.S.”). Although the information on the Site and Services is accessible to users outside of the U.S., the information on the Site and Services pertaining to Visit Indy’s products or services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and practices that differ from those in the U.S. Visit Indy reserves the right to limit provision of Our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any item on the Site and Services that is construed as an offer for any product or service made on the Site and Services is void where prohibited.
  15. Electronic Communications. We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that You may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at Your own risk and You should decide very carefully which information You want to send us via any electronic communication.
  16. Security. You are prohibited from violating or attempting to violate the security of the Site and Services, including, without limitation, accessing data not intended for You or logging into a server or account that You are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization. Visit Indy will investigate violations or possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
  17. Links. Visit Indy does not object to links on third party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of Visit Indy. Visit Indy reserves the right to terminate any link located on the Site and Services at any time.
  18. Miscellaneous. These Terms of Use constitute the entire agreement between Visit Indy and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Visit Indy and User dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of these Terms of Use, Visit Indy may pursue any legal or equitable remedy available, including but not limited to, direct, indirect, special, consequential, compensatory, punitive and incidental damages and injunctive relief. Visit Indy’s remedies are cumulative and not exclusive. Failure of Visit Indy to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action of User arising out of or regarding these Terms of Use must be filed by User within one (1) year after such claim or cause of action arose or be forever barred. Visit Indy makes no representation that the content of the Site and Services is appropriate or available for use in all locations. Users of the Site and Services are responsible for compliance with all applicable laws. These Terms of Use, Your use of the Site and Services, and any dispute arising therefrom, shall be governed by applicable federal laws and the laws of the State of Indiana, U.S., notwithstanding any conflicts of law principles. Any action relating to these Terms of Use and/or the Site and Services must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.
 

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