Definitions
Indy.org is the web site maintained on the World Wide Web by the Indianapolis Convention & Visitors Association. "The site" or "site" refers to Indy.org. "User," or collectively "Users," refers to any party who accesses the site. "The ICVA" refers to the Indianapolis Convention & Visitors Association. "Access" means viewing or otherwise obtaining or requesting information using the site.
Acceptance of Terms
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement.
The ICVA reserves the right to modify these Terms of Use at any time without notice to User. Any change in these Terms of Use is effective immediately upon User's receipt of notice from the ICVA. Notice can be given through e-mail, a posting on the site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use.
The ICVA has the exclusive right to control the accessibility, hours of use, and the features on the site. The ICVA can restrict access to any or all portions of the site or remove any information or content from the site at any time. The ICVA reserves the right to monitor use of the site.
User is solely responsible for providing the equipment related to accessing the site, including all computer equipment, remote communications equipment, telephone or other equipment.
Privacy
User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.
Responsibility for User Accounts
Users may obtain an account, consisting of a login ID and password, in order to log in to the interactive features of this site, at either the Meeting Planners portal or the Visitors portal (as described below). Each User is responsible for maintaining the confidentiality of the User's login ID and password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under User's login ID and password. The ICVA reserves the right, in its sole discretion, to refuse service or terminate your account.
Meeting Planners
Users may set up an account at the site's Meeting Planners portal in order to obtain information about pricing, availability, and other information concerning the hotels and other third party facilities featured on the site.
PRICE QUOTES, ROOM/FACILITY AVAILABILITY, AND ALL OTHER INFORMATION PROVIDED ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A BINDING OFFER FROM THE ICVA, THE HOTEL OR ANY OTHER THIRD PARTY FACILITY THAT HAS PROVIDED THE INFORMATION. USERS MUST NEGOTIATE CONTRACTS DIRECTLY WITH THE HOTEL OR OTHER FACILITY, AND THE ICVA IS NOT RESPONSIBLE FOR THE TERMS OF SUCH CONTRACTS.
Visitors
Users may set up an account at the site's Visitors portal in order to submit reviews and comments concerning the hotels and other third party facilities featured on the site.
BY OBTAINING A VISITOR'S ACCOUNT, USER AGREES THAT ALL REVIEWS, COMMENTS OR OTHER SUBMISSIONS REPRESENT THE BONA FIDE OPINION OF THE USER, BASED ON THE USER'S ACTUAL EXPERIENCE. USER SHALL NOT USE THIS SITE TO ARTIFICIALLY PROMOTE OR DENIGRATE ANY HOTEL OR OTHER THIRD PARTY FACILITY. THE ICVA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO EDIT OR REMOVE ANY SUBMISSION MADE TO THE SITE, OR CANCEL OR DISABLE A VISITOR ACCOUNT, THAT IT BELIEVES VIOLATES THIS POLICY.
Copyright and Marks
All content on the site (with the exception of content provided by the ICVA's third party content providers and materials posted by Users) are the copyrighted property of the ICVA. Other than the download to the viewer's computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of the ICVA. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Users posting their own content on the site pursuant to the terms of these Terms of Use retain the copyright in such material, but they are deemed to have given the ICVA a license to the material sufficient for the purposes of operating the web site, which means the ICVA can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer's machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. The ICVA also has the right to remove User content from the site at any time for any purpose.
Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Use any device or other means to harvest information about other Users.
- Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
- Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User's or the ICVA employee's computer or other medium used to access the site.
- Post any material on the site that is offensive to any other User. TICVA maintains the exclusive right to determine what is offensive.
- Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the site.
- Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
- Engage in any action which the ICVA determines is detrimental to the use and enjoyment of the site.
- Use the site for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Disclaimer and Limitation of Liability
Although the ICVA has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE ICVA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF THE ICVA, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE ICVA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL THE ICVA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL THE ICVA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Third Party Content
The ICVA is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and the ICVA is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the ICVA. The ICVA assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
THE ICVA MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY A THIRD PARTY CONTECT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THE ICVA DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
Indemnification
User agrees to defend, indemnify and otherwise hold harmless the ICVA and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site.
Security
Users are prohibited from violating or attempting to violate the security of the site. The ICVA will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Termination of Terms of Use Agreement
Either the ICVA or User may terminate this Terms of Use Agreement at its discretion. In addition to the ICVA's other rights, the ICVA may terminate access to this site or cancel membership to any service that the ICVA provides on the site, if User breaches the Terms of Use in any way or engages in conduct that the ICVA deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions "Copyright and Marks," "Prohibited Conduct," "Disclaimer and Limitation of Liability," "Third Party Content," "Indemnification," "Security" and "Miscellaneous" shall survive.
Links
Links to this web site are welcome. However, the ICVA reserves the right to terminate any link found on the site at any time.
Copyright Protection
The ICVA honors the intellectual property rights of others and asks the same of Users of the site. The ICVA may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide the ICVA with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the ICVA to identify the material;
- Information that is reasonably sufficient to permit the ICVA to contact the complaining party, such as address, telephone number and, if available, e-mail address;
- A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The ICVA can be contacted at:
Webmaster
Indianapolis Convention & Visitors Association
30 South Meridian Street, Suite 410
Indianapolis, Indiana 46204
Telephone: 317-639-4282
Fax: 317-684-2590
Email:
webmaster@indy.org
Miscellaneous
These Terms of Use constitute the entire agreement between the ICVA and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between the ICVA and User dealing with the subject matter hereof is superseded. If any portion of this Terms of Use Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of these Terms of Use, the ICVA may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. The ICVA's remedies are cumulative and not exclusive. Failure of the ICVA to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The ICVA makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.