INDIANA OFFICE OF TOURISM DEVELOPMENT

ONLINE ADVERTISER PORTAL

WARNING: Failure to exit this site if you disagree with the following terms and conditions, signifies your assent to said terms and conditions.

TERMS AND CONDITIONS OF USE

Welcome to our website! This site is maintained as a service to our potential advertisers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. By accessing, using, uploading or downloading information and materials to and from this website, you agree to follow and be bound by these terms and conditions.

1. Agreement. This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Indiana Office of Tourism Development’s Advertiser Portal (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by the Indiana Office of Tourism Development upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.Tourism.IN.gov. Each use of this website by you, your company, your employees, your affiliates, your subsidiaries, and your agents shall constitute and be deemed your unconditional acceptance of this Agreement. No additional terms or conditions added by you, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions of Use will be binding on the Indiana Office of Tourism Development. This Agreement only governs the use of this website. For the terms and conditions governing the transactions between the parties to this Agreement, please review our Insertion Orders.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.VisitIndiana.com.

3. Ownership. All content included on this site is and shall continue to be the property of the Indiana Office of Tourism and Development or its content suppliers and is protected under the applicable laws governing copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

4. Trademarks. All trademarks appearing on the Indiana Office of Tourism Development site are the property of their respective owners, including, in some instances, the Indiana Office of Tourism Development.

You agree that by submitting an advertisement for publication which contains one or more trademarks that you are the owner of said trademark or that you have the express written consent of the trademark owner to use the mark.

5. Site Use. The Indiana Office of Tourism Development grants you a limited, revocable, nonexclusive license to use this site solely for the purpose of completing, paying for, and submitting completed insertion orders for advertisements to be published by the Indiana Office of Tourism Development. This limited, revocable, nonexclusive license does not extend to the republication, distribution, assignment, sublicense, sale, or preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Indiana Office of Tourism Development and the Indiana Office of Tourism Development may terminate your use of this website at any time.

6. Accuracy of Information. You agree to provide the Indiana Office of Tourism Development with accurate, complete and updated information provided to you at the time of registration. You further agree that the information provided by you is truthful and accurate to the best of your knowledge.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of this website.

8. Indemnification. You agree to indemnify, defend and hold the Indiana Office of Tourism Development and its partners, employees, affiliates, subsidiaries, successors and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or your use of the Site and arising out of or related to the content of your advertisements.

9. Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,“ ”AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE INDIANA OFFICE OF TOURISM DEVELOPMENT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL THE INDIANA OFFICE OF TOURISM DEVELOPMENT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. The Indiana Office of Tourism Development reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All advertisements are accepted and published by the Indiana Office of Tourism Development upon the representation by you that the Indiana Office of Tourism Development is authorized to publish the entire contents and subject matter thereof and that such publication (or availability) will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, you will indemnify, defend and hold harmless the Indiana Office of Tourism Development from and against any and all losses and expenses, including reasonable attorney’s fees, arising out of the publication of such advertisements, including, without limitation, whose arising from claims or suits for defamation, copyright and trademark infringement, misappropriation, violation of rights of privacy or publicity, or from any and all similar claims now known or hereafter devised or created.

12. External Sites. The Indiana Office of Tourism Development site contains links to other web sites, resources and advertisers. The Indiana Office of Tourism Development is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Indiana Office of Tourism Development be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.

13. Monitoring. The Indiana Office of Tourism Development shall have the right, but not the obligation, to monitor the content of the site to determine compliance with this Agreement and any other operating rules that may be established by the Indiana Office of Tourism Development from time to time. The Indiana Office of Tourism Development shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Notwithstanding this right of the Indiana Office of Tourism Development, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Indiana Office of Tourism Development nor any of its affiliates shall assume or have any liability for any action or inaction on its part with respect to any conduct within the website or any communication or posting on the website.

14. Copyrights, Trademarks and Copyright/Trademark Agent. If you believe your work has been copied in a way that constitutes copyright or trademark infringement, please provide a notice containing all of the following information to our legal counsel:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or trademark;

(b) A description of the copyrighted work that you claim has been infringed, or a copy of the trademark;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.

Our legal counsel for claims of copyright or trademark infringement on the Site is S. Kyleen Nash, who can be reached as follows:

Office of Lt. Governor Sue Ellspermann
One North Capitol Avenue, Suite 600
Indianapolis, Indiana 46204
Phone: (317) 232-8831
Fax: (317) 233-6503
Email: knash@lg.IN.gov

15. Applicable Law. You agree that the laws of the state of Indiana, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and the Indiana Office of Tourism Development or its partners, employees, and affiliates, subsidiaries, successors and assigns. 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. The section headings used herein are for convenience only and shall not be given any legal import.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Termination. The Indiana Office of Tourism Development may, within its sole discretion, terminate this Agreement at any time, with or without notice, and for any reason.

18. Contact Information.

HOW TO CONTACT US:

Indiana Office of Tourism Development
One North Capitol Avenue
Suite 600
Indianapolis, IN 46204
Phone: (317) 234-2085
Fax: (317) 233-6887
Email: aneyron@VisitIndiana.com

This Agreement constitutes the entire Agreement with respect to the subject matter hereof, and supersedes all previous written or oral agreements with respect to such subject matter.