Website Terms of Use
Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Visit Baltimore, Inc. (“Visit Baltimore”, “we” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of Baltimore.org, including any content, functionality and services offered on or through Baltimore.org (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. Either by using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Mobile Communications
If we enable and 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.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of the security procedures we may implement from time to time, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Our goods and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and services are not available to minors under the age of 18. By visiting this Website and/or making any purchases through this Website, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Website, such as your name, address and billing information, is complete and accurate.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Visit Baltimore, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for legitimate business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for purposes of creating business records of your transactions on the Website or for planning your trip to Baltimore and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, other than planning your trip to Baltimore, including planning a visit for your organization or clients.
If you are an event planner using this website to coordinate a trip for your organization or clients, we encourage you to contact us at 1-877-BALTIMORE to discuss your visit.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Visit Baltimore. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The name “Visit Baltimore” and all related names, logos, product and service names, designs and slogans are trademarks of Visit Baltimore or its affiliates or licensors. You must not use such marks without the prior written permission of Visit Baltimore. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Visit Baltimore, a Visit Baltimore employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Visit Baltimore or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Except for use by web search engines in accordance with applicable law, use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Partner Contributions
The Website may contain message boards, advertising, member profiles, business listings and other interactive features (collectively, “Interactive Services”) that allow our partners to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Partner Contributions”) on or through the Website.
All Partner Contributions must comply with the Content Standards set out in these Terms of Use.
Any Partner Contribution you post, or request that we post, to the Website (including any suggestions, ideas, notes, concepts and other information) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidentiality. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding such Partner Contributions and shall be entitled to the unrestricted use of same for any purpose (expressly including the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose), all without any compensation to you or any other provider of the Partner Contributions.
You represent and warrant that: You own or control all rights in and to the
- Partner Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- all of your Partner Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Partner Contributions you submit or contribute, and you, not Visit Baltimore, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness;
We are not responsible or liable to any third party for the content or accuracy of any Partner Contributions posted by you or any other user of the Website, or by us at your request.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any Partner Contributions for any or no reason in our sole discretion.
- Take any action with respect to any Partner Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Partner Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Visit Baltimore.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS VISIT BALTIMORE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all Partner Contributions and use of Interactive Services. Partner Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Partner Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, disrespectful and/or offensive language, including any libelous, defamatory, obscene, pornographic or otherwise illegal material.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any Partner Contributions violate your copyright, please provide us with notice of the alleged infringement at [email protected]. It is the policy of the Visit Baltimore to terminate the partner accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, partners, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Visit Baltimore, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Visit Baltimore. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links and Partner Contributions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of Maryland in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VISIT BALTIMORE NOR ANY PERSON ASSOCIATED WITH VISIT BALTIMORE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VISIT BALTIMORE NOR ANYONE ASSOCIATED WITH VISIT BALTIMORE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VISIT BALTIMORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release
BY USING THE WEBSITE, YOU HEREBY UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE VISIT BALTIMORE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR VOLUNTEERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE WEBSITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED UPON THE ALLEGED NEGLIGENCE OF THE VISIT BALTIMORE IN OPERATING THE WEBSITE OR OTHERWISE.
Limitation on Liability
IN NO EVENT WILL VISIT BALTIMORE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Visit Baltimore, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, volunteers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Visit Baltimore’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Visit Baltimore of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Visit Baltimore to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Visit Baltimore with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by an Visit Baltimore, 400 East Pratt Street, 10th Floor, Baltimore, Maryland 21202.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].
User Generated Content
Visit Baltimore User Generated Content Terms of Use
THESE TERMS OF USE FOR USER GENERATED CONTENT (“UGC TERMS OF USE”) DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH VISIT BALTIMORE MAY USE THE CONTENT CREATED AND PUBLICLY POSTED BY YOU, AS MORE SPECIFICALLY IDENTIFIED AND DESCRIBED IN THE MESSAGE VISIT BALTIMORE SENT YOU VIA SOCIAL MEDIA.
PLEASE READ THESE SUBMISSION TERMS (“TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU MAKE A SUBMISSION TO A VISIT BALTIMORE WEBSITE ON WHICH THESE TERMS APPEAR (A “SITE”) OR USE THE BRANDED HASHTAG #VisitBaltimore OR SEND THE HASHTAG #YesBaltimore TO VISIT BALTIMORE, YOU ARE CONFIRMING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.
- You may be viewing these Terms on a small screen. If so, here are the highlights of the Terms below (but please read the Terms in full).
- You own the photo or other Content (as defined below) that you submit. Nothing in these Terms changes that.
- You are giving Visit Baltimore a license to use the Content on the Site and on Visit Baltimore’s other websites, apps, e-mail, printed materials, and social media channels for advertising, marketing, and/or promotional purposes.
- You are also giving Visit Baltimore a license to use your name and image and other biographic material in conjunction with the Content.
- If any third party has any rights in your Content (e.g., someone else took a photo or appears in a photo), you represent that you have all the rights and permissions needed from those third parties to grant Visit Baltimore the license to use your Content in accordance with these Terms and nothing in the Content is inappropriate or defamatory.
- You are releasing Visit Baltimore from any liability arising out of its use of the Content as described in these Terms and you promise not to sue Visit Baltimore for such use.
TERMS AND CONDITIONS (LONG FORM) FOR CONTENT PROVIDERS TO VISIT BALTIMORE AND BALTIMORE.ORG.
PARTICIPANT AGREEMENT
By using the branded hashtags #VisitBaltimore or #HereInBmore and/or replying to Visit Baltimore’s consent request to participate in a content aggregation tool with the hashtag #YesBaltimore, you agree to these Terms and Conditions. Visit Baltimore also agrees to abide by these Terms and Conditions. Visit Baltimore may terminate its use of your content at any time at its discretion.
ALLOWABLE PARTICIPANTS
You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your user generated content (Content) in the form of original photography, video, or text.
NON-CONFIDENTIALITY
You understand and agree that your Content will be publicly displayed, and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content, and by replying to Visit Baltimore’s request for consent, you provide Visit Baltimore with the right to use and share your Content on their official websites including but not limited to Baltimore.org as well as in apps, e-mail, printed materials, and all of their social media channels including, but not limited to, Facebook, Twitter, LinkedIn, and Instagram.
VISIT BALTIMORE’S RIGHTS TO USER GENERATED CONTENT
By using the branded hashtags #VisitBaltimore or #HereInBmore and/or replying to Visit Baltimore’s consent request to participate in a content aggregation tool with the hashtag #YesBaltimore you are agreeing to these Terms and Conditions. You grant Visit Baltimore and affiliate agents a perpetual, transferable, 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 your 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) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial, or promotional purposes that Visit Baltimore or their affiliate agents deem appropriate.
You agree that you are solely responsible for your Content. Visit Baltimore is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. Visit Baltimore is not responsible for any loss, theft, misuse, or damage of any kind to your Content.
By replying to Visit Baltimore’s consent request to participate in a content aggregation tool with the hashtag #YesBaltimore, you represent and warrant that:
- You are at least 18 years of age; you have the legal right to enter into this agreement and you are not impersonating anyone else
- You own all rights in and to your Content including without limitation, all rights to the audio, video, and/or digital recording and performance contained in your Content (if any), and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Visit Baltimore as described herein
- Your 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
- You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Visit Baltimore and its affiliate agents
- You voluntarily agree to waive all “moral rights” that you may have to your Content
- Any information contained in your Content is not known to you to be false, inaccurate, or misleading
- Your Content does not violate any law
- You were not and will not be compensated or granted any consideration by any third party for submitting your Content
- You will not be compensated or granted any consideration in any way by Visit Baltimore for the use of your Content
- Your Content does not incorporate materials from a third-party website, copyright protected materials, or personally identifiable information of anyone other than yourself
- Your Content does not reflect negatively in any way upon the city of Baltimore or their marketing, advertising, commercial, or promotional efforts
You agree to irrevocably release and forever discharge Visit Baltimore and its affiliate agents, subsidiaries, employees, and third–party providers from any and all actions, claims, damages, liabilities, and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against Visit Baltimore and affiliate agents, subsidiaries, employees. and third–party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by Visit Baltimore.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Visit Baltimore and its affiliate agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these terms and conditions. Visit Baltimore reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Visit Baltimore’s defense of such claims.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
Visit Baltimore may, at its sole discretion, change these Terms and Conditions at any time. Any such changes will be posted on Baltimore.org along with the new effective date.
TAKEDOWN
Should you want your content removed from the Visit Baltimore Website, you will need to send a message to the following: [email protected]. Once Visit Baltimore acknowledges receipt of your email request, please allow 30 days for any action to take place.
GENERAL
These Terms and Conditions and the Privacy Statement together with any additional terms to which you agree when using elements of the Website constitute the entire and exclusive agreement between you and Visit Baltimore.
GOVERNING LAW
These terms shall be governed by the laws of the state of Maryland. Should any and all legal disputes connected with the Content arise, resolution will take place in accordance with the laws of the state of Maryland.
Social Media House Rules
Visit Baltimore Social Media General House Rules
Thank you for connecting with Visit Baltimore on our social media pages! We’re glad you’re here. Note that comments posted by visitors don’t represent the opinion of Visit Baltimore.
Below are the rules for communications and general behavior on Visit Baltimore’s social media pages. Violation of these rules can lead to possible removal from the pages as well as the deletion of page posts.
- Keep it PG: No harsh language or inappropriate posts.
- Be hospitable: Be friendly to other users and avoid sharing libelous, defamatory, bullying, harassing, threatening or abusive posts.
- Be authentic and original: Only share video content, links, photographs and text if you have the rights to it.
- Can the spam: No commercial and/or promotional posts, chain posts, repeated postings of nonconstructive, inflammatory or otherwise objectionable comments/statements.
- Let’s talk offline: Once we respond to you about a specific topic, we’ll likely take the conversation offline and will communicate via direct (private) message. Visit Baltimore reserves the right to remove additional public conversation once private communication is initiated.
- Say hello: If you’re affiliated with Visit Baltimore (employee, agency, incentivized blogger/brand ambassador, etc.) and you are posting a comment about Baltimore’s attractions, restaurants and/or hotels, be sure to let everyone know about your affiliation.
We reserve the right to remove any postings found to be in violation of these rules. So be hospitable (this is the tourism industry, after all!), have fun and thanks for connecting with Visit Baltimore! Read more information about Visit Baltimore’s privacy policy here.