If you use the Site to link to a hotel reservation, please understand that inclusion on this site does not imply a recommendation or endorsement for any hotel or accommodation.
2. Privacy and Protection of Children and Teens. We take protection of the privacy of legal minors very, very seriously and in order to adhere to the Children’s Online Privacy Protection Act (“COPPA”) we will not knowingly collect any Personal Information from children under 13 or knowingly allow children under 13 to register for any portions of the Site requiring registration including, without limitation, commenting on our calendar. If we learn that we have collected Personal Information from a child under 13 we will immediately remove that information from the Site.
4. Visit Edmonds Intellectual Property.
Copyright Notice, Generally. Except for any content you provide to us via the Site, ownership of which is discussed below, all content on the Site (including text, graphics, logos, icons, images, downloadable files, and video clips) (the “Visit Edmonds Content”) is the exclusive property of Visit Edmonds or its content suppliers or partners and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Visit Edmonds and is also protected by U.S. and international copyright laws. We permit you to use the Site for personal purposes only. You may not use the site for commercial purposes—i.e. to generate income for yourself. Any other use, including the copying, sale, modification, distribution, transmission, republication, display, or performance, of the Visit Edmonds Content, or any other content on the Site, is strictly prohibited.
6. Restrictions on Use of the Site. As mentioned above, you may only use the Site for personal reasons or to engage in legitimate commercial transactions proposed on the Site. You agree that you will only use the Site for lawful purposes and will also not use the Site for any purpose not specifically permitted under these Terms, including, without limitation, using bots or spiders to scrape any content, or using code intended to frame or impermissibly add content to the Site.
7. User Content. There are a few places on the Site where we invite your comments and submissions; we hope you choose to participate! Here are the terms about any content (including text, images and graphics) (“User Content”) you provide to us via certain functions on the Site. Please note that if you choose to submit your event for inclusion into our on-line calendar (see http://www.visitedmonds.com/events.html), you will be asked to provide a description of your proposed event, which we consider User Content.
a. Responsibility. You are solely responsible for your User Generated Content (including any liabilities) and, subject to these Terms, may be required to indemnify Visit Edmonds from any claims arising or relating to such User Content. Also, you are responsible for any User Content posted using your name, email address or other account information we may require, whether you authorized that use or not. Please be sure to keep any user names and passwords you use on our Site secret.
c. Right to Use. If you upload User Content to the Site, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your User Content.
d. Prohibited Content. We have determined that certain User Content is prohibited on our Site (“Prohibited Content”). You agree that you will not submit any Prohibited Content, which is any User Content that:
i. is illegal or encourages or solicits illegal behavior, including any User Content that infringes any third-party intellectual property rights; ii. is obscene, harassing, pornographic, inflammatory, profane or bigoted; iii. contains any virus, Trojan Horse or similar code designed to disrupt the Site, our systems or other computers or applications; iv. contains any Personal Information other than your own.
8. Remedies for Violation of the Terms. If we learn that you have violated these Terms, including posting Prohibited Content or making unauthorized use of it, we may, in addition to any other rights or remedies available to us and without any liability whatsoever, terminate or restrict your access to the Site. If we do so, the license we granted you above will be considered terminated.
10. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or network provider and any of our affiliates, officers, directors, employees, and assigns harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site, including your submission of User Content, or your violation of these Terms. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
11. Warranty Disclaimers and Waiver. a. Disclaimer of Warranties, Generally. The Site, and all Visit Edmonds Content, Third-Party Content and other materials, information, products and services included in or made available in connection with the site are provided “as is,” with no warranties whatsoever. We expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We also disclaim any warranties regarding the accuracy, security, reliability, timeliness, availability, compatibility and performance of the site and information thereon. We further disclaim any warranties for any information or advice obtained through any content on the site. Finally, we disclaim any warranties for services or goods received through or advertised on the site or in connection with the site or received through any links provided on the site, as well as for any information or advice received through any links provided on the site. b. Assumption of Risk. You agree that your use of the Site and all User Content or other information you provide or submit shall be at your sole risk. c. Waiver of Claims. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VISIT EDMONDS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SITE AND ANY CONTENT ON THE SITE (INCLUDING USER CONTENT), AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
12. Limitation of Liability. a. Limitation of Liability. Visit Edmonds will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if we may have been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Visit Edmonds' aggregate liability shall not exceed $100.00 b. Remedy. 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. c. Limitation of Liability Not Permitted. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
13. Governing Law, Jurisdiction and Venue. These Terms are governed by the laws of the State of Washington, United States, without giving effect to its conflicts of laws principles. You consent to accept these Terms under the applicable laws of the State of Washington, and agree that any disputes arising under these Terms will be subject to the courts of competent jurisdiction therein. Venue for any such disputes will be in the courts of King County, Washington and you agree that venue is convenient.
14. Changes. We reserve the right to make changes to the Site, these Terms and any other disclaimers, terms, or conditions on the Site at any time and without notice to you. Any such changes will be incorporated into these Terms and considered binding.
15. Questions. Please contact us if you have any questions about these Terms or any other legal guidelines.