Terms and Conditions
GREATER LANSINGCONVENTION & VISITORS BUREAU
USER CONTENT SUBMISSION GUIDELINES
Terms and Conditions
Section 1. Acceptance of Terms.
Use of the website located at www.lansing.org and allsubpages (hereafter referred to as "website") is subject to the following termsand conditions (hereafter referred to as "terms"). Please read these termscarefully before submitting any written, photographic, or video content. If youdo not agree with any part of these terms, you are not eligible to submitcontent.
Section 2. The Website.
The website is owned and operated by the Greater LansingConvention & Visitors Bureau (GLCVB). Some of the content found on thewebsite is owned by partners, some of the content found on the website is ownedby other third party providers, and some of the content found on the website isowned by the GLCVB. In addition, the trademarks, logs and service marks ("trademarks")displayed on the website are registered and common law trademarks of the GLCVB,its affiliates and various third parties and are the property of theirrespective owners. Nothing contained on the website should be construed asgranting, by implication, estoppel or otherwise, any license or right to useany of the trademarks without the written permission of the GLCVB, or suchother party that may own the trademarks.
Section 3. Privacy.
Section 4. Submission of Stories, Photographs, Video, andOther Content.
The GLCVB aims to host a variety of user-submitted contentto showcase the Greater Lansing community, with the knowledge that members ofthe community and visitors are the best resource for real-life localexperiences. You understand that all text, photographs, video, or othermaterials, including user content, appearing on the website (collectively, "websitecontent") or submitted to the website ("user content") is the responsibility ofthe person or entity originating such website content, and the GLCVB disclaimsany liability with respect to such website content (see Section 11 Disclaimer,below). By providing user content to the GLCVB, you warrant that (a) you arethe owner of such user content or have been granted all the rights necessaryfrom the owner to submit such user content to the website for use by the GLCVB,and (b) the use of such user content by the GLCVB will not infringe theintellectual property rights of or otherwise violate the rights of any thirdparty. By submitting user content: (a) you automatically grant to the GLCVB (orwarrant that the owner of the user content has granted to the GLCVB) anonexclusive, royalty-free license to use, modify, copy, distribute, transmit,publicly display, publicly perform, publish, adapt, create derivative works of,transfer or sell such user content to or on any other travel-related website oronline service without your prior written consent. Further, you agree that youwill not to use, modify, copy, distribute, transmit, publicly display, publiclyperform, publish, adapt, create derivative works of, transfer or sell thewebsite content to or on any other travel-related website or online servicewithout the GLCVB's prior written consent or as expressly permitted in theterms. Consent may be requested by sending an e-mail to firstname.lastname@example.org.You understand that the GLCVB will have the right, but not the obligation, toscreen, edit, refuse to post or remove any user content, in whole or in part,from any portion of the website, in it sole discretion, including, but notlimited to, user content that violates these terms, the guidelines, or isotherwise objectionable. The GLCVB reserves the right to disclose any usercontent as necessary to satisfy any applicable law, regulation, legal processor governmental request. You shall be solely liable for any damages resultingfrom any infringement of copyright, trademark, or other proprietary right orany other harm resulting from your content submission.
Section 5. User Conduct.
You agree that you will not use the website to:
* submit, post,upload or otherwise transmit user content that is unlawful, defamatory,libelous, abusive, tortuous, harassing, threatening, vulgar, obscene,pornographic, or otherwise indecent or that could constitute or encourageconduct that would be considered a criminal offense, give rise to civilliability or otherwise violate any law;
* submit, post,upload, or otherwise transmit user content that infringes or otherwise violatesthe rights of any third party, including without limitation privacy rights andproprietary rights;
* submit, post,upload or otherwise transmit user content that contains viruses, corruptedfiles or any other similar software or programs that may damage the operationof another's computer;
* submit, post,upload or otherwise transmit user content that is of consistently poor qualityor that is deemed inappropriate as determined by the sole discretion of theGLCVBC;
* falselyrepresent the quality of any website content;
* advertise oroffer to sell any goods or services for any commercial purpose;
* conduct,display, or forward surveys, contests, pyramid schemes, "spam" or chainletters;
* impersonate orotherwise misrepresent your affiliation with any other person or entity;
* falsify ordelete any attributions, legends or other proprietary designations of theorigin or source of website content or user content;
* harm minors;
* stalk or harassanother individual;
* collect or storepersonal data about other persons or entities that have provided user content;or
* violate anyapplicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider,or other automated device, or a program, algorithm or methodology havingsimilar processes or functionality, or any manual process to monitor or copyany of pages, data or content from the website.
THE GLCVB RESERVES THE RIGHT TO REMOVE ANY WEBSITE CONTENT,INCLUDING, BUT NOT LIMITED TO, STORIES, PHOTOGRAPHS, VIDEOS, AND ANY OTHER USERRELATED INFORMATION, FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON INTHE GLCVB'S SOLE DISCRETION.
Section 6. Restricted and Permitted Uses.
All website content and user content may be protected under United Statesand/or foreign intellectual property laws, including, but not limited to,copyrights, trademarks, service marks, patents or other intellectual propertyand proprietary rights and laws. Unauthorized use of the website content or usercontent may violate copyright, trademark and other laws. You must abide by allcopyright notices, information or restrictions contained in or attached to any websitecontent or user content or the website.
The GLCVB grants you a limited, non-transferable license touse the website in accordance with these terms and the guidelines. You may onlyuse the website for legitimate purposes for which the website is available andshall not use the website for any other purposes. The website, the website contentand the user content, including the text, graphics, button icons, audio andvideo clips, digital downloads, data compilations and software, may not becopied, reproduced, republished, uploaded, posted, transmitted or distributedwithout the express written permission of the GLCVB and/or its third partyproviders, except as provided in the terms. You may make a single copy of the websitecontent or user content on your hard drive or in print for your own personal,non-commercial use, provided that you do not alter the website content. Youmust retain all copyright and other proprietary notices contained in theoriginal website content on any copy you make of the website content. You alsomay e-mail a single copy of website content to your friends or otherindividuals, provided that the e-mail includes a reference to these terms andnotify the recipient(s) of the e-mail that their subsequent use of the website contentis subject to these terms.
Except as permitted in these terms, you may not modify,copy, reproduce, display, publish, publicly perform, create derivative worksof, sell, transfer, transmit, compile, collect in a database, distribute orotherwise use the website content in any way for any public or commercialpurpose without the express, prior permission of the GLCVB and/or the copyrightholder identified in the applicable copyright notice. Requests for permissionmay be sent to email@example.com.You may not use any "robot" "spider" or other automatic device, or a program,algorithm or methodology having similar processes or functionality, or anymanual process, to monitor or copy any of the web pages, data or content foundon the website.
If you violate the terms or the guidelines, your permissionto use website content automatically terminates and you must immediatelydestroy any copies you have made of website content.
Section 7. Trademarks.
"The GLCVB" and "lansing.org" are service marks of theGLCVB. You agree not to display or use in any manner any marks of the GLCVBwithout the GLCVB's prior written consent. Requests for permission must besubmitted in writing to firstname.lastname@example.org.Third party trademarks, service marks, logos and trade names appearing on the websiteare the property of their respective owners.
Section 8. Changes to Website or Terms.
The GLCVB may alter, suspend or discontinue any part orservice of the website at any time, with or without notice.
In addition, the GLCVB reserves the right to modify theseterms or the guidelines at any time, without notice to you. Changes to theseterms will become effective when the GLCVB posts them on the website ordirectly e-mails to you a notification of the changes. You agree to reviewthese terms periodically to become aware of any changes and your continued useof the website will signify your assent to any modifications to these terms.You further agree that these standards for notifying you of changes to theseterms are reasonable.
Section 9. Termination by the GLCVB; Failure to Comply with Terms.
The GLCVB may terminate these terms at any time for anyreason. Additionally, the GLCVB may suspend or deny your access to, or use of, websitecontent or submission of user content to the website, without prior notice andin its sole discretion, if the GLCVB reasonably believes that:
* your conductviolated any provision of these terms or the guidelines contained on the website;
* your conductviolated the GLCVB's or any third-parties' rights; or
* it isinappropriate for you to enjoy continued access to or use of the website.
Such termination shall not affect any right to relief towhich the GLCVB, its affiliates or its third party providers and distributorsmay be entitled at law or in equity.
Upon termination of the terms, all rights granted to youwill terminate and revert to the GLCVB, its affiliates and its third partyproviders or distributors, as applicable.
Section 10. Termination by You.
You may discontinue your participation in and access to the websiteat any time. These terms will continue to apply to all past use of the websiteby you, even if you are no longer using it.
Section 11. Disclaimers.
THE WEBSITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTSAND INFORMATION PROVIDED BY THIRD PARTIES. THE GLCVB DOES NOT REPRESENT,ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OFWEBSITE CONTENT POSTED BY THIRD PARTIES, OR ENDORSE ANY OPINIONS ORRECOMMENDATIONS EXPRESSED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOUDOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE ATYOUR OWN DISCRETION AND ANY RELIANCE ON USER CONTENT OR WEBSITE CONTENT WILL BEAT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESTO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANYSUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BEMADE AT ANY TIME WITHOUT NOTICE TO YOU.
THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GLCVB AND THE SUPPLIERS PROVIDINGSOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONSAND WARRANTIES WITH RESPECT TO THE WEBSITE, WEBSITE CONTENT AND USER CONTENT,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTCULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIESARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THEWEBSITE CONTENT, USER CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ONOR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THEAVAILABILITY OF THE WEBSITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHERCODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TOPROVIDE THE WEBSITE. ALTHOUGH THE WEBSITE CONTENT MAY BE UPDATED FROM TIME TOTIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY; THEREFORE, SOME OF THE INFORMATIONON THE WEBSITE MAY BE OUT OF DATE OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICALERRORS. THE GLCVB DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS,ACCURACY OR RELIABILITY OF WEBSITE CONTENT MADE AVAILABLE TO YOU FOR ANYPURPOSE.
ALTHOUGH THE GLCVB INTENDS TO TAKE REASONABLE MEASURES TOPREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE WEBSITE, THE GLCVBDOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR ORDESTRUCTIVE MATERIALS. THE GLCVB WILL NOT BE LIABLE FOR ANY LOSS SUFFERED INTHE EVENT OF A FAILURE OR INTERRUPTION OF THE WEBSITE OR RESULTING FROM THE ACTOR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEBSITE AVAILABLE TO YOU,WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHINTHE CONTROL OF THE GLCVB OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICESSUPPORT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALLTHE GLCVB OR ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS BE HELDLIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLYFROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICALPOWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVILDISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC ORFOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF ORFLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
Section 12. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER THE GLCVB NOR ITS OFFICERS,DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS,CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORYOF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FORCONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER INACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOURUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TOUSE THE WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS,SERVICES OR OTHER WEBSITES ADVERTISED ON THE WEBSITE, EVEN IF THE GLCVB OR SUCHRELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBYRELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE GLCVB,ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS,AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOTLIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES ORDAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.
Section 13. Indemnification.
You agree to indemnify, defend and hold harmless the GLCVBits officers, directors, shareholders, affiliates, employees, consultants,agents, licensors, content providers and suppliers from any and all claims,liability, damages, losses, expenses and/or costs (including but not limited toreasonable attorneys' fees) arising from your failure to comply with theseterms or the guidelines, your negligent or wrongful conduct, your infringementor violation of any intellectual property or other right of a third party, usercontent provided by you or from your violation of any applicable law.
Section 14. Applicable Law; Attorneys' Fees and InjunctiveRelief.
These terms shall be governed by and construed in accordancewith the laws of the State of Michigan, United States of America,without giving effect to any conflict of laws provisions. You consent andsubmit to the exclusive jurisdiction of the Ingham County Circuit Court locatedin Ingham County, Michigan, United States ofAmerica in all questions and controversiesarising out of your use of the website. To the extent allowed by applicablelaw, any claim or cause of action arising from or relating to your access oruse of the website must be brought within two (2) years from the date on whichsuch claim or action arose or accrued. If the GLCVB or its affiliates take anyaction to enforce these terms, such parties will be entitled to recover fromyou and you agree to pay, all reasonable and necessary attorneys' fees and anycost of litigation, in addition to any other relief, at law or in equity, to whichsuch parties may be entitled. You acknowledge that a violation or attemptedviolation of any of these terms will cause such damage to the GLCVB as will beirreparable, the exact amount of which would be difficult to ascertain and forwhich there will be no adequate remedy at law. Accordingly, you agree that theGLCVB shall be entitled as a matter of right to an injunction issued by anycourt of competent jurisdiction, restraining such violation or attemptedviolation of these terms by you, or you affiliates, partners or agents, as wellas recover from you any and all costs and expenses sustained or incurred by theGLCVB in obtaining such an injunction, including, without limitation,reasonable attorney's fees. You agree that no bond or other security shall berequired in connection with such injunction.
Section 15. Entire Agreement; Amendments and Waivers.
These terms contain the entire agreement between you and theGLCVB with respect to its subject matter and supersede all prior oral orwritten understandings and agreements relating thereto. These terms cannot beamended, supplemented or changed except as provided in Section 8, and noprovision hereof can be waived, in whole or in part, except by writteninstrument making specific reference to such waiver and these terms signed bythe GLCVB. No failure or delay by the GLCVB in exercising any rights, power, orremedy under these terms shall operate as a waiver of any such right, power, orremedy.
Section 16. Severability.
If any portion of these terms shall be held to be illegal,invalid or unenforceable under present or future laws, such provision shall befully severable, these terms shall be construed and enforced as if suchillegal, invalid or unenforceable provision had never comprised a part of theseterms, and the remaining provisions of these terms shall remain in full forceand effect and shall not be affected by the illegal, invalid or unenforceableprovision or by its severance here from.
Section 17. Assignment.
The GLCVB may assign its rights under these terms to anyparty without your consent. These terms shall inure to the benefit of theGLCVB, its successors and assigns. You may not assign, convey, subcontract ordelegate your rights, duties or obligations hereunder.