Effective Date: September 6, 2017
Last modified: January 3, 2020
- on the Websites and Channels;
- in certain email, text, and other electronic messages between You and Us;
- through Our mobile and desktop applications;
- through Our WiFi hotspot portal;
- through Our kiosks, such as Our photo booth kiosk; and
- when You interact with Our advertising and applications on third-party websites and services.
It does not apply to Personal Information collected by:
- Us offline or through any other means, including any third party; or
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on Our Services.
Children Under the Age of 13
Our Services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to Us via Our Services. We do not knowingly collect Personal Information from children under 13. If You are under the age of 13, do not use Our Services or provide Us with any Personal Information, including Your name, address, telephone number, email address, or any screen name or user name You may use. If We learn We have collected or received Personal Information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact Us at privacy@VisitOrlando.com.
Personal Information We Collect About You and How We Collect It
We collect several types of Personal Information from and about users of Our Services, including:
- Personal Information which identifies You, such as Your name, postal address, e-mail address, telephone number, and any other identifier by which You may be contacted online or offline; and
- Personal Information about You which does not directly identify You, such as Your IP addresses, internet connection, the equipment You use to access Our Services, usage details and information collected through cookies, web beacons, and other tracking technologies.
We collect this Personal Information either:
- directly from You when You provide it to Us, such as when You complete an online registration form, respond to a survey, request visitor information, enter a contest, make a purchase, or make postings to bulletin boards or chat areas via Our Services; and
- automatically as You navigate through the Services.
Personal Information You Provide to Us
The Personal Information We collect on or through Our Services may include:
- information that You provide to Us by filling in forms via the Services. This includes information provided at the time of registering to use our Websites or Apps, subscribing to Our newsletters, posting material via Our Services, or requesting further information about Our Services. We may also ask You for information when You enter a contest or promotion sponsored by Us or for which We provide the prize, and when You report a problem with Our Services; and
- when You make a purchase on one of Our Websites or otherwise via the Services, We will collect the additional contact and payment information, payment history, profile and preference information that You provide.
You also may provide Personal Information to be published or displayed (hereinafter, “Posted”) on public areas of the Services, or transmitted to other users of the Services or third parties, such as when You use Our photo kiosk(s) (collectively, “User Contributions”). Your User Contributions are Posted on and transmitted to others at Your own risk. We cannot control the actions of other users of the Services or of the public with whom You may choose to share Your User Contributions. Therefore, We cannot and do not guarantee that Your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As You navigate through and interact with Our Services, We may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including:
- details of Your visits to our Website, Apps and other Services, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Website; and
- information about Your computer and internet connection, including Your IP address, operating system, and browser type.
We also may use these technologies to collect information about Your online activities over time and across third-party websites or other online services (behavioral tracking).
The information We collect automatically may include Personal Information, or, We may maintain it or associate it with Personal Information We collect in other ways or receive from third parties. It helps Us to improve Our Services and to deliver a better and more personalized service.
The technologies We use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing Your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of Services, including e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Clickstream Data. We collect clickstream data and HTTP protocol elements through access logs. This information is not personally identifiable and is used for website and system administration, including research and development, user analysis and business decision-making.
We do not control these third parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly. For information about how You can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information, below.
We do not rent email addresses to third-party organizations. However, please note that We do not share email addresses with third-party organizations for their marketing purposes, instead, We may occasionally send You messages (subject to Applicable Law) from reputable third-parties on their behalf, and You will be able to opt-out of future third party offers if You choose to opt-out as set forth below.
How We Use Your Information
We use information that We collect about You or that You provide to Us, including any Personal Information:
- to present our Services and their respective contents to You;
- to provide You with information, products, or services that You request or purchase from Us;
- to provide You with notices about Your membership with Us, including expiration and renewal notices;
- to carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection;
- to notify You about changes to our Services;
- to allow You to participate in any interactive features found in Our Services;
- to improve the contents of Our Services, including to customize the content, advertising and/or layout of Web pages, including third-party pages and social media for individual visitors – i.e. targeted advertising;
- to contact You for other marketing purposes (subject to any Applicable Laws);
- in any other way We may describe when You provide the information;
- to the extent we have a legal obligation, right or duty under the Applicable Laws to use or disclose Your information (including for crime and fraud prevention and related purposes);
- to anonymize and aggregate the Personal Information for any other purposes, provided that no identifiable personal information can be readily identified; and
- for any other purpose with Your consent.
We may also use Your Personal Information to contact You about Our own and third-parties’ goods and services that may be of interest to You (subject to any applicable laws or regulations). If You do not want Us to use Your information in this way, please adjust your communication preferences in Your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information We have collected from You to enable Us to display advertisements to Our advertisers’ target audiences. Even though We do not disclose Your Personal Information for these purposes without Your consent, if You click on or otherwise interact with an advertisement, the advertiser may assume that You meet its target criteria.
Disclosure of Your Information
We may disclose aggregated, anonymized and/or hashed information about You and Our other users, and any information that does not identify any individual, without restriction.
- to our subsidiaries and affiliates;
- to contractors, service providers, and other third parties We use to support our business;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, in which Personal Information held by Us about Our users is among the assets transferred;
- to third parties to market their products or services to You if You have not opted out of these disclosures (subject to Applicable Laws). For more information, see Choices About How We Use and Disclose Your Information; or
- for any other reasonable purpose disclosed by Us when You provide the information.
We may also disclose Your Personal Information:
- to comply with any Applicable Laws, court order, law, or legal process, including to respond to any government or regulatory request;
- to enforce or apply the Terms and Conditions for each of Our Services and other agreements, including for billing and collection purposes; or
- if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Visit Orlando, its customers, or others.
We strive to provide You with choices regarding the Personal Information You provide to Us. By providing Visit Orlando with Your email address and electing to receive Our newsletter and other marketing You provided Visit Orlando with Your consent to receive email communications about new Visit Orlando products and services, third party offers we may send You, or other promotional Visit Orlando communications, subject to any Applicable Laws.
Here are some additional ways You can control the use of Your Personal Information:
- Promotional Offers from Us. Subject to any Applicable Laws, if You do not wish to have Your information used by Us to promote Our own or third parties’ products or services, You may use the opt-out link found in our promotional emails.
- Targeted Advertising. If You do not want Us to use information that We collect or that You provide to Us to deliver advertisements according to Our or Our advertisers’ target-audience preferences, You can opt-out by either utilizing the tools provided on the ad itself or via the third-party network’s preferences where You see the ad, such as Instagram and Facebook.
- We do not control third parties’ collection or use of Your information to serve interest-based advertising. However these third parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative here: http://optout.networkadvertising.org. You may opt out of receiving targeted ads from members of the Digital Advertising Alliance here: http://optout.aboutads.info.
We only want to use Your Personal Information in a way that You approve, so in addition to using the tools described above, You may opt-out of certain marketing by sending an email request to privacy@VisitOrlando.com. In your email, please indicate which mode(s) of communication You would like to opt-out of (i.e. postal mail, email, targeted advertising, or telephone contact). If You are visiting other websites and see an advertisement from Visit Orlando, there may be an opportunity to opt-out of future Visit Orlando ads on that site as managed by the third party provider through its opt-out function.
Please note that Visit Orlando Members who opt-out of promotional Visit Orlando communications will continue to receive non-promotional Visit Orlando communications via email that are otherwise provided as conditions of membership.
If You have Membership questions, please contact Member Relations at 407-541-4303 or via email at memberrelations@VisitOrlando.com.
Accessing and Correcting Your Information
Upon Your request, We will provide You with the opportunity to review and correct the Personal Information that We maintain about You. If You wish to review the accuracy of the information You have provided, please send an email request to privacy@VisitOrlando.com.
We, or Our third-party vendors, use industry-standard encryption technologies when transferring and receiving payment and other sensitive data. We have security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from or about You.
Unfortunately, the transmission of information via the internet is not completely secure. Although We do our best to protect Your Personal Information, We cannot guarantee the security of Your Personal Information transmitted via Our Services. Any transmission of Personal Information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained via Our Services or via any third-party services We may use to provide You with Our Services.
International Transfers of Data
Please be assured that we take concerns about privacy quite seriously, and We intend to take every reasonable effort to protect Your privacy. If You have any questions or concerns about Visit Orlando’s privacy practices, please contact:
6277 Sea Harbor Drive, Suite 400
Orlando, FL 32821
Any concerns brought to our attention will be promptly investigated, and You will be notified of the outcome of the investigation.
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 & Visitors 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 Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Site for non-commercial, personal use only, but if you do so, you agree to retain all copyright and other proprietary notices contained on such materials You may not use, distribute, modify, transmit, or post the content of the 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 meta tags 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 licence 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, or as a compilation under Canadian copyright law (RSC 1985, c C-42) 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, Canadian, 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, making available, communication to the public by telecommunication, 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 licence to access, display, and copy the materials on the Site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This licence 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 applicable 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 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 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 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 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 SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE OR YOUR USE OF THE 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 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 SITE, YOUR USE OF, OR INABILITY TO USE, THE 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, 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, Visit Orlando’s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to 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 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 , in our absolute and sole discretion, 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 any applicable 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 Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Visit Orlando with respect to this Site. 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 this Agreement or portion thereof to be unenforceable that provision shall be enforced to the maximum extent permissible so as to affect the intent of this 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
Visit Orlando may revise this Agreement at any time and you agree to be bound by the revised Agreement. You agree to regularly review this Agreement (no less than monthly) to review the most current terms and conditions. Visit Orlando reserves the right in its discretion to change the terms of this Agreement at any time and your continued use of the Site thirty (30) days after the posting of any amended Agreement shall constitute notice as well as your agreement to be bound by any such changes or amendments. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Visit Orlando. Visit Orlando reserves the right to make changes to this Site and to these terms and conditions at any time. Any such modifications will become effective upon the earlier of (30) days after the posting of any amended Agreement or your purchase and/or download of any material or content published directly or indirectly on the Site.
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, as applicable, Section 512(c) of the U.S. Copyright Act Under Title 17, United States Code, Section 512(c)(2), or section 41.25(2) of the Canadian Copyright Act.
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 & Visitors 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.
By submitting any content to Visit Orlando, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
You further agree and warrant that you shall not submit, upload, post, transmit, make available, communication to the public by telecommunication, reproduce, or distribute any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers; and
• that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant Visit Orlando a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, reproduce, perform, modify, delete in its entirety, adapt, publish, translate, make available, communication to the public by telecommunication, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Visit Orlando shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Visit Orlando with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under any applicable laws, including the applicable governing laws in your jurisdiction and the applicable governing laws of Florida or the United States.
VISIT ORLANDO DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND VISIT ORLANDO DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.
Under no circumstances shall Visit Orlando and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Visit Orlando has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold Visit Orlando (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Together Mobile, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.