Welcome. We are The Dayton/Montgomery County Convention and Visitors Bureau, Inc. (sometimes referred to in these Terms and Conditions as “us,” “we,” “our”). These Terms and Conditions apply not only to your access to and use of any content or links on our website https://www.daytoncvb.com but also to any social media channels we own and/or operate that link to these Terms and Conditions (which may include, but not limited to, Facebook, Twitter/X, Pinterest, and Instagram) (collectively, the “Sites“).
By continuing to use the Sites, you agree that your use of the Sites constitute your acceptance of, and agreement to, these Terms and Conditions and our Privacy Policy. If you do not agree to comply with these Terms and Conditions, please do not access the Site.
USER PROVIDED USER CONTENT/CROWDRIFF
From time to time, we may provide content on the Sites that you agreed to allow through a third-party provider called CrowdRiff (“User Content”). By replying to our consent request to participate in CrowdRiff with the hashtags #YesDayton you agree to these Terms and Conditions and in particular the following:
You understand and agree that User Content will be publicly displayed on the Sites or in other marketing, advertising or promotions and may include your name and other identifying information provided, including without limitation any social media identifier, handle, or profile picture.
You grant us and any of our affiliate agents a perpetual, transferable, royalty free, non-exclusive, worldwide license to: (a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display User Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed; and, (b) use, and permit others to use, User Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that we or our affiliate agents deem appropriate.
You grant us the right to use your name, image, likeness, appearance, voice, sounds, video or digital recordings, audio clips and the like, or that of your minor child, as such is embodied in and included with the User Content.
You agree that you are solely responsible for the content of the User Content.
We are not responsible for any loss, theft, misuse, or damage of any kind to User Content.
You understand and agree that you are not entitled to any payment for our use of User Content in any form.
You waive, to the maximum extent permitted by law, all right of attribution (to be credited as the creator of the User Content) or any other “moral right” which may vest in User Content.
When you agree to allow us to use User Content, you represent and warrant that you own or have secured all rights necessary to display, distribute and deliver the User Content on your social media accounts or website, including all necessary rights for us to use and/or share the User Content; you own all rights in and to the User Content including without limitation, all rights to any audio, video and or digital recording and performance contained in your User Content (if any).
In addition, by replying to our consent request to participate in CrowdRiff with the hashtags #YesDayton you acknowledge:
You are 18 years of age or older and have the legal right to grant any and all rights to the User Content in the form of original photography, video, or text.
If children are depicted in the User Content, you are the parent/guardian with legal responsibility of any minors depicted in the User Content
You have the rights from any and all third parties appearing in the User Content to use their names, images, or likenesses.
The User Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity.
The User Content does not incorporate materials from a third-party website, or copyright protected materials.
The User Content does not violate any law.
Your use of the Sites and all User Content you provide is done at your sole risk.
You agree that you are solely responsible for your User Content (including any liabilities arising therefrom) and you agree to indemnify, hold harmless, and discharge The Dayton/Montgomery County Convention and Visitors Bureau, Inc., or owners, partners, licensors, employees, volunteers, affiliate agents and third party providers (“Protected Parties”) from any loss, liability, claim or demand (including reasonable attorneys’ fees) from any claim made by any party due to or arising out of your User Content on the Sites. We are not required to post or maintain any User Content on or through the Sites and may remove User Content at any time for any reason.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT OR CLAIMS INVOLVING THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT RELATING TO THE USER CONTENT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
User Content Removal. Should you want your User Content removed from the Sites, you will need to send a message with the request to info@daytoncvb.net. We will acknowledge receipt of your email request, please allow 30 days for any action to take place. Previously approved User Content already scheduled for or in print cannot be taken down or removed.
Notwithstanding anything in our Privacy Policy to the contrary, when you provide User Content, we may receive information from the social network including your profile information, profile picture, profile name, user ID, location, and any other information you permit the social network to share with third parties. We may also obtain information about you imbedded in the User Content. The data we receive is dependent upon your privacy settings with the social network, and your own privacy settings.
WARRANTIES AND DISCLAIMERS
The Sites, and all content therein or made available in connection therewith are provided “as is,” with no warranties whatsoever. YOUR USE OF THE SITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUME NO LIABILITY OR RESPONSIBILITY RESULTING FROM (A) YOUR ACCESS TO AND USE OF THE SITES, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, INCLUDING USER CONTENT THAT MAY STORED THEREIN, AND (C) ANY VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY.
We will not be liable for any damages (including but not limited to punitive, consequential, direct, or indirect) claims, or causes of action, including but not limited to breach of contract, breach of warranty, negligence, even if such damages, claims, or causes of action were or should have been foreseeable, arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present.
YOU AGREE THAT ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE USER CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these terms or the site, then your sole and exclusive remedy is to discontinue using the Site.
GENERAL TERMS
We do not knowingly collect or solicit personal information from anyone under the age of 18. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will promptly delete that information.
We are located in the United States of America (“USA”), subject to laws of the USA, and all of our primary data storage and processing facilities are in the USA. If you are accessing the Site from another country, please note that all data we collect will be transmitted outside of your country and into the USA, where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the USA. By continuing to access this Site, you explicitly consent to have your data so transmitted and stored
All content, organization, design elements, graphics, text, images, video, compilation, advertising, marks, and all other material on the Site are protected under applicable copyrights, trademark and other intellectual property rights and laws and are the property of The Dayton/Montgomery County Convention & Visitors Bureau, Inc. or third parties that have granted us rights of use third-party images. The copying, distribution, modification, unauthorized use, or publication by you, directly or indirectly, of any such matters or any part of the Sites without our written consent is prohibited.
You agree you will not use the Sites for any purpose that are unlawful or prohibited by these Terms and Conditions. You may not use the website in any manner that could damage, disable, overburden, or impair the servers or networks associated with the Sites. You may not attempt to gain unauthorized access to any Sites, computer systems or networks connected to any of our servers through hacking, password mining or any other means.
From time to time, we may post content provided by third parties or allow advertisers and partners to post content on the Sites and provide links to sites and content of third parties (collectively the “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content or the third parties that provide it, and we make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy. You acknowledge and agree that we are not responsible, and will not be held liable for, such Third-Party Content.
These Terms and Conditions and your use of the Sites shall be governed by and construed in accordance with the laws of 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 Dayton, Montgomery 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.
We reserve the right to make changes to the Sites, these Terms and Conditions on the Site at any time and without notice to you. Any such changes will be incorporated into these Terms and Conditions and considered binding through your continued use of the Sites.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
Some of the Sites, in particular those consisting of social media platforms may be subject to separate terms and conditions.
