Please review the Privacy Policy and the Terms of Use carefully. Your use of this website signifies your agreement to the Privacy Policy and the Website Terms of Use.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
The visitsalemohio.com website is operated by the City of Salem, Ohio Tourism Advisory Board dba Visit Salem Ohio (“Visit Salem Ohio,” “we” or “us”). These terms and conditions of use (“Terms”), together with the Visit Salem Ohio Privacy Policy (the “Policy”) apply to your access to, and use of, this website and any other websites we own and/or operate which link to these Terms (hereinafter collectively referred to as the “website”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Visit Salem Ohio for products, services or otherwise.
We reserve the right to alter, modify or change these Terms, the Policy, our products, services or any other content of the website, at any time and in our sole discretion. Any alteration, modification or change will be effective immediately upon posting on the website, and you waive any right you may have to receive specific notice of such alteration, modification or change. Frequently review these Terms and all applicable policies to understand the terms and conditions that apply to your use of the website. If you do not agree with these Terms, the Policy, or to any alteration, modification or change, you must stop using the website. Your continued use of the website following the posting of any alterations, modifications or changes will confirm your acceptance. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the website home page.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information (“PII”).
Mobile Communications
If you request to receive updates or other information by mobile phone, text message or email, you consent to our communicating with you via your mobile device or email. We currently provide these services for free. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
Website Materials
Unless otherwise indicated in the website, the website and all content and other materials on the website, including, without limitation, Visit Salem Ohio’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Visit Salem Ohio or its licensors and are protected by U.S. and international laws.
Limited License
Visit Salem Ohio grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the website and the Website Materials for your informational and personal use only. This license is subject to these Terms and does not include: (a) any resale or commercial use of the website or the Website Materials; (b) the reproduction, distribution, public performance or public display of any Website Materials, except as expressly permitted on the website; (c) modifying or otherwise making any derivative uses of the website, the Website Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the website, the Website Materials, or any information contained therein, except as expressly permitted by these Terms or otherwise; or (f) any use of the website, the Website Materials, or any portion thereof other than for its intended purpose. Any use of the website, Website Materials, or any portion thereof other than as specifically authorized herein, without the prior written permission of Visit Salem Ohio, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms or any other conditions and notices provided by Visit Salem Ohio. You may not use the website in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to any products, services, other accounts, computer systems or networks connected to any Visit Salem Ohio server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
Trademarks
All trademarks, service marks, trade names, logos, slogans and other indicia of origin contained in the website are the property of Visit Salem Ohio, its licensors, suppliers or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Visit Salem Ohio or the applicable trademark holder. You may not use any trademark, service mark, trade name, logo, slogan or other indicia of origin of Visit Salem Ohio or its licensors, suppliers or other third parties without our, or their, prior written permission. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, are the trademark, service mark, and/or trade dress of Visit Salem Ohio and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Infringement Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Visit Salem Ohio has adopted a policy of terminating, in appropriate circumstances as determined by Visit Salem Ohio in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Visit Salem Ohio may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Hyperlinks
You may not use any Visit Salem Ohio logo or other proprietary graphic of Visit Salem Ohio to link to the website without the express written permission of Visit Salem Ohio. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Visit Salem Ohio or any third party.
Third-party Web sites
Visit Salem Ohio makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the website, or Web sites linking to the website. Such sites are not under the control of Visit Salem Ohio and Visit Salem Ohio is not responsible for the contents of any linked site or any link contained in a linked site, or any alteration, modification, change or update to such sites. Visit Salem Ohio provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Visit Salem Ohio of any site or any information contained therein. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website.
Third Party Content
We may make third party information and other content available on or through the website (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the website (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Visit Salem Ohio does not control, endorse or adopt any Third Party Content or Third Party Products and Services, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Visit Salem Ohio is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Submissions
Any questions, comments, responses to surveys, suggestions, ideas, or other information or materials regarding the website or Visit Salem Ohio provided by you or any postings on the website, are non-confidential and shall become the sole property of Visit Salem Ohio. Visit Salem Ohio shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO VISIT SALEM OHIO OR ANYONE AT VISIT SALEM OHIO. VISIT SALEM OHIO DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, SERVICES, GOODS, OR NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN VISIT SALEM OHIO’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO VISIT SALEM OHIO. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, VISIT SALEM OHIO MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
User Content and Interactive Services or Areas
- The website may include interactive areas or services (“Interactive Areas”), such as forums, blogs, surveys, message boards or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video or other items or materials on the website (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that, in our judgment, may endanger or otherwise affect the tax-exempt status of Visit Salem Ohio, including, but not limited to, any content that attempts to influence the outcome of any specific public election, or to participate in, or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, or that attempts to influence the selection, nomination, election or appointment of any individual to any public office or office in a political organization within the meaning of Section 527(e)(2) of the Internal Revenue Code;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Promotions, advertising or solicitations;
- Any of your own or any third party PII, private information, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; - User Content which violates these Terms or any Visit Salem Ohio guidelines, policies or rules posted on the website or otherwise provided to you; or
- User Content that, in the sole judgment of Visit Salem Ohio, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive
Areas or the website, or which may expose Visit Salem Ohio or its users to any harm or liability of any type. Your use of Interactive Areas is at your own risk. Visit Salem Ohio takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Visit Salem Ohio liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at Visit Salem Ohio’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules. Visit Salem Ohio is not liable for any statements, representations or User Content provided by its users in any public forum, blog or other Interactive Area. Although Visit Salem Ohio has no obligation to do so, Visit Salem Ohio reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the website at your sole cost and expense. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the website.
If you post User Content to the website, you grant Visit Salem Ohio and its affiliates a fully-paid, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications without any right of compensation or attribution. You grant Visit Salem Ohio and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Indemnification
By using the website, you agree to defend, indemnify and hold harmless Visit Salem Ohio, its licensees, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the website, your use of the Interactive Areas, or any act or omission relating to the website or the User Content, including without limitation any actual or threatened suit, demand or claim made against Visit Salem Ohio and/or its licensees, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VISIT SALEM OHIO, THE WEBSITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES AND PRODUCTS PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VISIT SALEM OHIO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INTERRUPTION OF USE, FREEDOM FROM PROGRAM ERRORS, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, OR MATERIALS ACCESSED THROUGH THE WEBSITE. VISIT SALEM OHIO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, MATERIALS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
VISIT SALEM OHIO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE VISIT SALEM OHIO ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, VISIT SALEM OHIO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
VISIT SALEM OHIO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE WEBSITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE WEBSITES.
Visit Salem Ohio reserves the right to change any and all content contained in the website and any Services offered through the website at any time without notice.
Limitation of Liability
IN NO EVENT SHALL VISIT SALEM OHIO OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VISIT SALEM OHIO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VISIT SALEM OHIO’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VISIT SALEM OHIO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITES OR THE WEBSITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VISIT SALEM OHIO FOR ACCESS TO OR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Venue
These Terms and your use of the website shall be governed by and construed in accordance with the laws of the state of Ohio applicable to agreements made and to be entirely performed within the state of Ohio, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the City of Salem, Columbiana County, Ohio and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Termination
Notwithstanding any of these Terms, Visit Salem Ohio reserves the right, without notice and in its sole discretion, to terminate your license to use the website, and to block or prevent your future access to and use of the website.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions?
If you have any questions about the Terms, please contact us at webmaster@visitsalemohio.com.