BY USING Virginia Tourism Corporation’s (VTC) WEBSITE (THE "WEBSITE"), YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED WITHIN THIS WEBSITE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE ACCEPTANCE BUTTON FOR THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE". AFTER CLICKING THE ACCEPTANCE BUTTON, YOUR CONTINUED USE OF THE WEBSITE INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE WEBSITE. THIS AGREEMENT IS SUBJECT TO CHANGE BY VTC AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE WEBSITE ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF LICENSEE FAILS TO COMPLY WITH THE AGREEMENT.
YOU MUST BE THIRTEEN (13) YEARS OLD OR OLDER TO USE THE WEBSITE. CHILDREN BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MUST HAVE PARENTAL CONSENT AND SUPERVISION.
The Website is provided free of charge, thus, there is no license fee for the Website.
2. License Agreement
Subject to the terms and conditions of this Agreement, VTC grants Licensee a limited, revocable, non- exclusive and non-transferable license-at-will (the "License") to use the Website in order to upload content required and/or permitted by the Website and these Terms and Conditions. Nothing in this License will entitle Licensee to receive from VTC’s hard-copy documentation, technical support, telephone assistance, or updates to the Website. VTC may terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any obligation to Licensee. Upon termination, Licensee agrees to immediately cease using the Website.
Licensee may not: (i) modify, revise, translate or create any derivative works of the Website or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Website; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Website; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Website, including, but not limited to, any trademark, logo, copyright.
4. Proprietary Rights
Title, ownership rights, and intellectual property rights in the Website and all copies thereof shall remain in and with VTC or its assigns. The Website is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees to undertake such steps as are necessary in order to protect the Website against unauthorized copying or use.
BY SUBMITTING PHOTOGRAPHS AND/OR OTHER MATERIALS (COLLECTIVELY, "MATERIALS") TO THE WEBSITE, YOU HEREBY TRANSFER ALL RIGHTs, TITLE AND INTERESTs IN AND TO THE MATERIALS. IN THE EVENT THAT THE RIGHTS, TITLE AND INTERESTS IN THE MATERIALS CANNOT BE TRANSFERRED, YOU HEREBY GRANT TO VTC AND VTC’S PARTNERS (AS DEFINED BELOW) A PERPETUAL, EXCLUSIVE, WORLDWIDE RIGHT TO USE THE MATERIALS IN ANY AND ALL MEDIA WITHOUT LIMITATION. YOU RELEASE VTC AND THE VTC’S PARTNERS FROM ANY CLAIMS OR LIABILITIES ARISING FROM THE MATERIALS AND WAIVE THE RIGHT TO PURSUE ANY CLAIM AGAINST VTC AND THE VTC’S PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, AND/OR THE MATERIALS.
5. User Conduct
You agree not to use the Website, or any results from your use of the Website, to:
Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
Harm minors in any way
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users
Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships
Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Upload, transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction
"Spam", "stalk" or otherwise harass another
Collect or store personal data or other information about other users or non-users
Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.
6. Disclaimer of Warranty
THIS PROGRAM IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE WEBSITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VTC AND ITS FRANCHISEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTAITVES, AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES (COLLECTIVELY, THE "VTC PARTNERS") BE LIABLE TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF VTC AND/OR VTC’S PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
The Website is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of The Rights in Technical Data clause of DFARS 252.227-7013; subparagraph (b)(3) of The Rights in Noncommercial Computer Software and Noncommercial Software Documentation clause of DFARS 252.227-7014; subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a) of DFARS 227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Licensee further agrees to release, discharge, indemnify and hold harmless VTC and VTC’s Partners from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, Licensee’s use of the Website, or use of VTC or VTC’s Partners’ services, including, without limitation, Licensee’s breach of any terms or representations contained in this Agreement or the use by VTC or VTC’s Partners of any of the rights granted by Licensee.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Virginia, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Virginia and Licensee expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving VTC and/or the VTC’s Partners. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. VTC shall have the right to modify this Agreement from time to time. You understand and agree that your continued use of the Website indicates your acceptance of any such modifications, which shall become a part of this Agreement.
11. Licensee Outside the U.S.
If Licensee is located outside the U.S., then the provisions of this Section 11 shall apply. The parties confirm that this Agreement and all related documentation is and will be in the English language. If the law of Licensee’s country, state, or province of residence prohibit or limit Licensee’s ability to use the Website, then Licensee shall be responsible for complying with such laws and agrees to indemnify VTC and the VTC’s Partners against any breach. Licensee agrees that the Website will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Website is identified as export controlled items under the Export Laws, Licensee represents and warrants that he or she is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Website.