PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB WEBSITE.
If you request to receive updates or other information by mobile phone, text message, or email you consent to our communicating with you via your mobile device or email. We currently provide these services for free. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
Unless otherwise indicated in the website, the website and all content and other materials on the website, including, without limitation, Destination Cleveland’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the "Website Materials") are the proprietary property of Destination Cleveland or its licensors and are protected by U.S. and international laws.
Destination Cleveland grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the website and the Website Materials for your informational and personal use only. This license is subject to these Terms and does not include: (a) any resale or commercial use of the website or the Website Materials; (b) the reproduction, distribution, public performance or public display of any Website Materials, except as expressly permitted on the website; (c) modifying or otherwise making any derivative uses of the website, the Website Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the website, the Website Materials, or any information contained therein, except as expressly permitted by these Terms or otherwise; or (f) any use of the website, the Website Materials, or any portion thereof other than for its intended purpose. Any use of the website, Website Materials, or any portion thereof other than as specifically authorized herein, without the prior written permission of Destination Cleveland, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms or any other conditions and notices provided by Destination Cleveland. You may not use the website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to any products, services, other accounts, computer systems or networks connected to any Destination Cleveland server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
All trademarks, service marks, trade names, logos, slogans, and other indicia of origin contained in the website are the property of Destination Cleveland, its licensors, suppliers, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Destination Cleveland or the applicable trademark holder. You may not use any trademark, service mark, trade name, logo, slogan, or other indicia of origin of Destination Cleveland or its licensors, suppliers, or other third parties without our, or their, prior written permission. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, are the trademark, service mark, and/or trade dress of Destination Cleveland and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In accordance with the Digital Millennium Copyright Act and other applicable law, Destination Cleveland has adopted a policy of terminating, in appropriate circumstances as determined by Destination Cleveland in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Destination Cleveland may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may not use any Destination Cleveland logo or other proprietary graphic of Destination Cleveland to link to the website without the express written permission of Destination Cleveland. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Destination Cleveland or any third party.
Third-party Web sites
Destination Cleveland makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the website, or Web sites linking to the website. Such sites are not under the control of Destination Cleveland and Destination Cleveland is not responsible for the contents of any linked site or any link contained in a linked site, or any alteration, modification, change or update to such sites. Destination Cleveland provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Destination Cleveland of any site or any information contained therein. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website.
Third Party Content
We may make third party information and other content available on or through the website (the "Third Party Content") as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the website (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Destination Cleveland does not control, endorse or adopt any Third Party Content or Third Party Products and Services, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Destination Cleveland is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Any questions, comments, responses to surveys, suggestions, ideas, or other information or materials regarding the website or Destination Cleveland provided by you or any postings on the website, are non-confidential and shall become the sole property of Destination Cleveland. Destination Cleveland shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO DESTINATION CLEVELAND OR ANYONE AT DESTINATION CLEVELAND. DESTINATION CLEVELAND DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, SERVICES, GOODS, OR NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DESTINATION CLEVELAND'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DESTINATION CLEVELAND. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, DESTINATION CLEVELAND MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
User Content and Interactive Services or Areas
The website may include interactive areas or services (“Interactive Areas”), such as forums, blogs, surveys, message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the website ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that, in our judgment, may endanger or otherwise affect the tax-exempt status of Destination Cleveland, including, but not limited to, any content that attempts to influence the outcome of any specific public election, or to participate in, or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, or that attempts to influence the selection, nomination, election, or appointment of any individual to any public office or office in a political organization within the meaning of Section 527(e)(2) of the Internal Revenue Code;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Promotions, advertising or solicitations;
- Any of your own or any third party PII, private information, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content which violates these Terms or any Destination Cleveland guidelines, policies or rules posted on the website or otherwise provided to you; or
- User Content that, in the sole judgment of Destination Cleveland, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive
Areas or the website, or which may expose Destination Cleveland or its users to any harm or liability of any type. Your use of Interactive Areas is at your own risk. Destination Cleveland takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Destination Cleveland liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at Destination Cleveland’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules. Destination Cleveland is not liable for any statements, representations or User Content provided by its users in any public forum, blog or other Interactive Area. Although Destination Cleveland has no obligation to do so, Destination Cleveland reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the website at your sole cost and expense. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the website.
If you post User Content to the website, you grant Destination Cleveland and its affiliates a fully-paid, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications without any right of compensation or attribution. You grant Destination Cleveland and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
By using the website, you agree to defend, indemnify and hold harmless Destination Cleveland, its licensees, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the website, your use of the Interactive Areas, or any act or omission relating to the website or the User Content, including without limitation any actual or threatened suit, demand or claim made against Destination Cleveland and/or its licensees, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DESTINATION CLEVELAND, THE WEBSITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES AND PRODUCTS PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DESTINATION CLEVELAND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INTERRUPTION OF USE, FREEDOM FROM PROGRAM ERRORS, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, OR MATERIALS ACCESSED THROUGH THE WEBSITE. DESTINATION CLEVELAND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, MATERIALS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
DESTINATION CLEVELAND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE DESTINATION CLEVELAND ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, DESTINATION CLEVELAND CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
DESTINATION CLEVELAND IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE WEBSITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE WEBSITES.
Destination Cleveland reserves the right to change any and all content contained in the website and any Services offered through the website at any time without notice.
Limitation of Liability
IN NO EVENT SHALL DESTINATION CLEVELAND OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DESTINATION CLEVELAND, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DESTINATION CLEVELAND'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DESTINATION CLEVELAND, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITES OR THE WEBSITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DESTINATION CLEVELAND FOR ACCESS TO OR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Venue
These Terms and your use of the website shall be governed by and construed in accordance with the laws of the state of Ohio applicable to agreements made and to be entirely performed within the Ohio, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the City of Cleveland, Cuyahoga County, Ohio and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Destination Cleveland reserves the right, without notice and in its sole discretion, to terminate your license to use the website, and to block or prevent future your access to and use of the website.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about the Terms, please contact us at firstname.lastname@example.org.