A. Assent to Agreement
BY USING THIS WEBSITE AND OUR MOBILE APPLICATIONS, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This website (the “site”) is provided by Orlando/Orange County Convention & Visitor’s Bureau, Inc, a Florida corporation (“Visit Orlando”). The site may be used for personal and non-commercial informational purposes only. If the user is not an individual, then "you" means your company, its officers, members, agents, successors, and assigns.
B. Restrictions on Use
Except as otherwise permitted in writing by Visit Orlando, no materials from the Visit Orlando site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Visit Orlando site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Visit Orlando site for public or commercial purposes, including any text, images, audio, or video without Visit Orlando's written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Visit Orlando without express written consent. You may not use any metatags or any other "hidden text" using Visit Orlando's name or trademarks without the express written consent of Visit Orlando. Any unauthorized use terminates the permission or license granted by Visit Orlando. If you operate a website and wish to link to the site, Your website may link only to the site's home page at www.visitorlando.com and not to any other portion of the site, unless otherwise negotiated directly with Visit Orlando. Visit Orlando reserves the right to reject or terminate any links to the Content at any time for any reason.
C. Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of Visit Orlando or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Visit Orlando owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of Visit Orlando or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.
D. Limited License
Visit Orlando grants you a limited, nonexclusive, non-transferable personal license to access, display, and copy the Materials on the Visit Orlando website for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
E. Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Visit Orlando for any purpose.
F. Disclaimer of Warranties
You expressly agree that use of the Visit Orlando site is at your sole risk. Neither Visit Orlando, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Visit Orlando site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Visit Orlando site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, Visit Orlando does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Visit Orlando reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. Visit Orlando may make any other changes to the site and you understand the site content such as products, programs, dates, times, services and/or prices (if any) described in the site are subject to change at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY VISIT ORLANDO ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. VISIT ORLANDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE VISIT ORLANDO SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. VISIT ORLANDO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE VISIT ORLANDO SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE VISIT ORLANDO SITE OR YOUR USE OF THE VISIT ORLANDO SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
G. Limitation of Liabilities
YOU AGREE THAT VISIT ORLANDO AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE VISIT ORLANDO SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL VISIT ORLANDO OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE VISIT ORLANDO SITE, YOUR USE OF, OR INABILITY TO USE, THE VISIT ORLANDO SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VISIT ORLANDO OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. If, however, despite the exclusions contained in this agreement, the Visit Orlando should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site, the Visit Orlando’s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to the Visit Orlando for the services and/or data with respect to which liability is found.
H. Discussion Areas
Visit Orlando may operate discussion areas in a good faith attempt to foster open communication via the Internet. Visit Orlando requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. Visit Orlando reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; Visit Orlando does not necessarily support or endorse any such views. Furthermore, Visit Orlando is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.
You agree to indemnify, defend, and hold harmless Visit Orlando, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys' fees and costs, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
K. Dispute Resolution
Any dispute relating in any way to your use of the Visit Orlando site shall be submitted to confidential arbitration in Orlando, Florida, except that, to the extent you have in any manner violated or threatened to violate Visit Orlando's intellectual property rights, Visit Orlando may seek injunctive or other appropriate relief in any state or federal court in Orange County, Florida and you consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
L. Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
M. Term and Termination
Without limiting its other remedies, Visit Orlando may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.
N. Hyperlink Disclaimers
As a convenience to you, Visit Orlando may provide, on this site, links to websites operated by other entities (collectively the "Linked Site"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Visit Orlando. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Visit Orlando. Visit Orlando does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by Visit Orlando. Links do not imply that Visit Orlando or this site sponsors, endorses, is affiliated or associated with, or its legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Visit Orlando or any of its affiliates or subsidiaries. Except for links to information authored by Visit Orlando, Visit Orlando is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Visit Orlando reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web master of any Linked Sites concerning any information, goods and/or services appearing thereon.
O. Choice of Law and Venue
The site is controlled, operated and administered by Visit Orlando from its offices within Orlando, Florida, United States of America. Visit Orlando makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of US export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Florida, without giving effect to its conflict of law’s provisions. This is the case regardless of whether you reside or transact business with Visit Orlando in Florida or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, Florida.
P. Entire Agreement
This Agreement constitutes the entire agreement between Visit Orlando and you with respect this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Visit Orlando with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Q. Modifications to Agreement
R. Designated Agent and Notification of Claimed Copyright Infringement
If you believe that any works on the Site infringe your copyright rights, please provide Visit Orlando’s copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Under Title 17, United States Code, Section 512(c)(2), Visit Orlando designates an agent as described below, to receive notifications of claimed infringement:
Legal name and address of service provider:
Orlando/Orange County Convention & Visitor’s Bureau, Inc.
6277 Sea Harbor Drive, Ste. 400
Orlando, FL 32821
Name under which service provider does business: Visit Orlando
Designated agent: Robert Wolter, Esq.
Designated agent's address:
Beusse Wolter Sanks & Maire, PLLC
390 N. Orange Ave., Ste. 2500
Orlando, FL 32801
Telephone and fax of designated agent:
407-926-7706 (telephone number)
407-926-7720 (fax number)
S. Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through the Visit Orlando website, including but not limited to any consent you give to receive communications from Visit Orlando solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" “Make a Payment,” “Download,” “Print” or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent to these terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.