Terms and Conditions
Discover Southern Indiana USER CONTENT SUBMISSION GUIDELINES
Section 1. Acceptance of Terms.
Use of the website located at www.discoversouthernindiana.com and all sub-pages (hereafter referred to as “website”) is subject to the following terms and conditions (hereafter referred to as “terms”). Please read these terms carefully before submitting any written, photographic, or video content. If you do not agree with any part of these terms, you are not eligible to submit content.
Section 2. The Website.
The website is owned and operated by the Discover Southern Indiana.com (DSI). Some of the content found on the website is owned by partners, some of the content found on the website is owned by other third party providers, and some of the content found on the website is owned by the DSI. In addition, the trademarks, logs and service marks (“trademarks”)displayed on the website are registered and common law trademarks of the DSI,its affiliates and various third parties and are the property of their respective owners. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks without the written permission of the DSI, or such other party that may own the trademarks.
Section 3. Privacy.
Section 4. Submission of Stories, Photographs, Video, andOther Content.
DSI aims to host a variety of user-submitted content to showcase the Southern Indiana community, with the knowledge that members of the community and visitors are the best resource for real-life local experiences. You understand that all text, photographs, video, or other materials, including user content, appearing on the website (collectively, “website content”) or submitted to the website (“user content”) is the responsibility of the person or entity originating such website content, and the DSI disclaims any liability with respect to such website content (see Section 11 Disclaimer, below). By providing user content to the DSI, you warrant that (a) you are the owner of such user content or have been granted all the rights necessary from the owner to submit such user content to the website for use by the DSI, and (b) the use of such user content by the DSI will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting user content: (a) you automatically grant to the DSI (or warrant that the owner of the user content has granted to the DSI) a non-exclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of,transfer or sell such user content to or on any other travel-related website or online service without your prior written consent. Further, you agree that you will not to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell the website content to or on any other travel-related website or online service without the DSI’s prior written consent or as expressly permitted in the terms. Consent may be requested by sending an e-mail to firstname.lastname@example.org .You understand that the DSI will have the right, but not the obligation, to screen, edit, refuse to post or remove any user content, in whole or in part, from any portion of the website, in it sole discretion, including, but not limited to, user content that violates these terms, the guidelines, or is otherwise objectionable. The DSI reserves the right to disclose any user content as necessary to satisfy any applicable law, regulation, legal processor governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right orany other harm resulting from your content submission.
Section 5. User Conduct.
You agree that you will not use the website to:
- Submit, post, upload or otherwise transmit user content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- submit, post, upload, or otherwise transmit user content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- submit, post, upload or otherwise transmit user content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- submit, post, upload or otherwise transmit user content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of theDSIC;
- falsely represent the quality of any website content;
- advertise or offer to sell any goods or services for any commercial purpose;
- conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters;
- impersonate or otherwise misrepresent your affiliation with any other person or entity;
- falsify or delete any attributions, legends or other proprietary designations of the origin or source of website content or user content;
- harm minors;
- stalk or harass another individual;
- collect or store personal data about other persons or entities that have provided user content; or
- violate any applicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider,or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of pages, data or content from the website.
THE DSI RESERVES THE RIGHT TO REMOVE ANY WEBSITE CONTENT,INCLUDING, BUT NOT LIMITED TO, STORIES, PHOTOGRAPHS, VIDEOS, AND ANY OTHER USER RELATED INFORMATION, FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON INTHE DSI’S SOLE DISCRETION.
Section 6. Restricted and Permitted Uses.
All website content and user content may be protected under United States and/or foreign intellectual property laws, including, but not limited to,copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the website content or user content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any website content or user content or the website.
The DSI grants you a limited, non-transferable license to use the website in accordance with these terms and the guidelines. You may only use the website for legitimate purposes for which the website is available and shall not use the website for any other purposes. The website, the website content and the user content, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of the DSI and/or its third party providers, except as provided in the terms. You may make a single copy of the website content or user content on your hard drive or in print for your own personal,non-commercial use, provided that you do not alter the website content. You must retain all copyright and other proprietary notices contained in the original website content on any copy you make of the website content. You also may e-mail a single copy of website content to your friends or other individuals, provided that the e-mail includes a reference to these terms and notify the recipient(s) of the e-mail that their subsequent use of the website content is subject to these terms.
Except as permitted in these terms, you may not modify,copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the website content in any way for any public or commercial purpose without the express, prior permission of the DSI and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to email@example.com.You may not use any “robot” “spider” or other automatic device, or a program,algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the website.
If you violate the terms or the guidelines, your permission to use website content automatically terminates and you must immediately destroy any copies you have made of website content.
Section 7. Trademarks.
“The DSI” and “discoversouthernindiana.org” are service marks of theDSI. You agree not to display or use in any manner any marks of the DSI without the DSI’s prior written consent. Requests for permission must be submitted in writing to firstname.lastname@example.org.Third party trademarks, service marks, logos and trade names appearing on the website are the property of their respective owners.
Section 8. Changes to Website or Terms.
The DSI may alter, suspend or discontinue any part or service of the website at any time, with or without notice.
In addition, the DSI reserves the right to modify these terms or the guidelines at any time, without notice to you. Changes to these terms will become effective when the DSI posts them on the website or directly e-mails to you a notification of the changes. You agree to review these terms periodically to become aware of any changes and your continued use of the website will signify your assent to any modifications to these terms.You further agree that these standards for notifying you of changes to these terms are reasonable.
Section 9. Termination by the DSI; Failure to Comply with Terms.
The DSI may terminate these terms at any time for any reason. Additionally, the DSI may suspend or deny your access to, or use of, website content or submission of user content to the website, without prior notice and in its sole discretion, if the DSI reasonably believes that:
- your conduct violated any provision of these terms or the guidelines contained on the website;
- your conduct violated the DSI’s or any third-parties’ rights; or
- it is inappropriate for you to enjoy continued access to or use of the website.
Such termination shall not affect any right to relief to which the DSI, its affiliates or its third party providers and distributors may be entitled at law or in equity.
Upon termination of the terms, all rights granted to you will terminate and revert to the DSI, its affiliates and its third party providers or distributors, as applicable.
Section 10. Termination by You.
You may discontinue your participation in and access to the website at any time. These terms will continue to apply to all past use of the website by you, even if you are no longer using it.
Section 11. Disclaimers.
THE WEBSITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. THE DSI DOES NOT REPRESENT,ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF WEBSITE CONTENT POSTED BY THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE ATYOUR OWN DISCRETION AND ANY RELIANCE ON USER CONTENT OR WEBSITE CONTENT WILL BEAT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BEMADE AT ANY TIME WITHOUT NOTICE TO YOU.
THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DSI AND THE SUPPLIERS PROVIDING SOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, WEBSITE CONTENT AND USER CONTENT,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE WEBSITE CONTENT, USER CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ONOR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE WEBSITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE WEBSITE. ALTHOUGH THE WEBSITE CONTENT MAY BE UPDATED FROM TIME TOTIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY; THEREFORE, SOME OF THE INFORMATION ON THE WEBSITE MAY BE OUT OF DATE OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE DSI DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS,ACCURACY OR RELIABILITY OF WEBSITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
ALTHOUGH THE DSI INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE WEBSITE, THE DSI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. THE DSI WILL NOT BE LIABLE FOR ANY LOSS SUFFERED INTHE EVENT OF A FAILURE OR INTERRUPTION OF THE WEBSITE OR RESULTING FROM THE ACTOR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEBSITE AVAILABLE TO YOU,WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE DSI OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICES SUPPORT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE DSI OR ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
Section 12. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER THE DSI NOR ITS OFFICERS,DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS,CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER INACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TOUSE THE WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS,SERVICES OR OTHER WEBSITES ADVERTISED ON THE WEBSITE, EVEN IF THE DSI OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE DSI,ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.
Section 13. Indemnification.
You agree to indemnify, defend and hold harmless the DSIits officers, directors, shareholders, affiliates, employees, consultants,agents, licensors, content providers and suppliers from any and all claims,liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with these terms or the guidelines, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, user content provided by you or from your violation of any applicable law.
Section 14. Applicable Law; Attorneys’ Fees and InjunctiveRelief.
These terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America,without giving effect to any conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Ingham County Circuit Court located in Ingham County, Michigan, United States ofAmerica in all questions and controversies arising out of your use of the website. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If the DSI or its affiliates take any action to enforce these terms, such parties will be entitled to recover from you and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. You acknowledge that a violation or attempted violation of any of these terms will cause such damage to the DSI as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that theDSI shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms by you, or you affiliates, partners or agents, as well as recover from you any and all costs and expenses sustained or incurred by theDSI in obtaining such an injunction, including, without limitation,reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Section 15. Entire Agreement; Amendments and Waivers.
These terms contain the entire agreement between you and theDSI with respect to its subject matter and supersede all prior oral or written understandings and agreements relating thereto. These terms cannot be amended, supplemented or changed except as provided in Section 8, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to such waiver and these terms signed by the DSI. No failure or delay by the DSI in exercising any rights, power, or remedy under these terms shall operate as a waiver of any such right, power, or remedy.
Section 16. Severability.
If any portion of these terms shall be held to be illegal,invalid or unenforceable under present or future laws, such provision shall be fully severable, these terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these terms, and the remaining provisions of these terms shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
Section 17. Assignment.
The DSI may assign its rights under these terms to any party without your consent. These terms shall inure to the benefit of theDSI, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Discover Southern Indiana TERMS AND CONDITIONS FOR PHOTO/VIDEO USAGE
Rights to Use Content
By approving your images rights in response to a request from the Discover Southern Indiana (DSI), you hereby grant the DSI and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents and DSI partners an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the content or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, DSI print and digital communications such as: the DSI and other websites owned or controlled by DSI, its affiliates or anyone acting on the DSI’s authority, and in e-mails, Facebook, Twitter, Linkedin, Instagram or other social channels/communications), for any and all lawful purposes without compensation to you, and agree to execute documents, instruments or agreements confirming such right and license at DSI’s reasonable request. You agree that any and all content posted by you is non-confidential and represent that you are the sole owner of the content and that DSI’s use of the content will not violate the rights of any third party, including, but not limited to, copyright rights, and that you will defend and hold harmless the DSI from any and all claims arising therefrom.
Credit for Content
The DSI shall exercise reasonable efforts to include credit to you when using the content, provided that the details such as your name and/or social media identity (i.e., Instagram or Twitter handle) are included by you. You voluntarily agree to waive all moral rights in favor of the DSI and under no circumstance shall a failure to include credit by DSI directors, officers, agents, employees or sub-licensees constitute a breach of this Agreement.