Terms and Conditions of Use:
Greater Boston Convention & Visitors Bureau Website
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and GBCVB. By using the Website you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent to these Terms by asking you to click an "I accept" button, referring to these Terms.
2. Obtaining a Password; Use of Your Password
We may make certain areas of our Site accessible only to those users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user id and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights
Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Website in order to: (i) learn more about GBCVB as well as the Services that we offer, (ii) use and enroll in any of the Services in which you are eligible to participate, (iii) gather more information about Boston and the available attractions; and (iv) download and print pages from our Website, but only for purposes of using our Services and for personal reference (collectively "Permitted Purposes"). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site.
4. GBCVB Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our programs and Services, including all associated intellectual property rights, are the property of GBCVB and its licensors, or are used under principles of fair use. GBCVB retains all rights with respect to the Website except those expressly granted to you in Section 3 (Grant of Rights) above.
5. Code of Conduct
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you will not:·
Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
· Seek to obtain access, through "hacking," "scraping," or other means, to material or information that we have not intentionally made available to you on the Website.
· Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
· Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
6. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
7. Submitted Content
8. Warranty Disclaimer
GBCVB and (where applicable) Site Vendors do not promise that the Website will be error-free or uninterrupted, or that the Services and features offered on the Site will be provided error-free or uninterrupted. The Site, and all of the services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis. GBCVB and (where applicable) Site Vendors do not warrant or represent that files you download from the Site will be free of viruses or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GBCVB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF GBCVB SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
9. Links to Third-Party Sites
The Website contains links or references to third party websites. GBCVB has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. GBCVB does not endorse the content of any third party site, nor does GBCVB warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.
In addition to the Services that we offer on our Site, Travel Service Providers also provide Travel Services through our Site including, but not limited to, travel-related booking services. GBCVB does not endorse the content of our Travel Service Providers, nor does GBCVB warrant that any Travel Service Provider site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any Travel Service Provider site through our Site, please be aware that you are doing so at your own risk.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL GBCVB OR ITS SITE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE GBCVB SITE, ITS SERVICES, ONLINE PURCHASES, OR CONTENT. IN NO EVENT SHALL GBCVB’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE GBCVB SITE OR ANY SERVICES YOU RECEIVE FROM GBCVB EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO GBCVB FOR SUCH SITE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold GBCVB and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
GBCVB respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
13. Additional Terms for Certain Services
We may offer certain Services on our Website that are subject to additional or different terms and conditions. We will notify you if the service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such Services if you do not agree with the differing terms and conditions.
14. Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. GBCVB reserves the right to assign its rights and obligations under these Terms.
16.2 "Services" or "Our Services" means the visitor and other informational services offered by GBCVB on our Site. For purposes of clarification, and not limitation, the term "Services" or "Our Services" explicitly excludes the Travel Services that are provided to you by Travel Service Providers.
16.5 "Travel Services" means the online shopping, travel-related (including booking services), and other similar services offered through our Website by Travel Service Providers.
16.6 "Travel Service Providers" means those third parties thar provide you with Travel Service through our Site.
16.7 "We,” “us” and “our” refer to GBCVB.
16.8 “You” and “your” refer to: (i) visitors to our Site, (ii) anyone using the Services or Travel Services offered through our Site; and (iii) registered Site members.
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. GBCVB's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between GBCVB and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
These Terms may be translated into languages other than English (collectively, "Translations"). Any communications sent by GBCVB to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (GBCVB Ownership; Reservation of Rights)
Section 8 (Warranty Disclaimer)
Section 10(Limitation of Liability)
Section 11 (Indemnity)
Section 17 (General)
Section 18 (Survival)
20. Contact Us
We welcome your feedback or suggestions, please contact us at:
Greater Boston Convention & Visitors Bureau
Two Copley Place, Suite 105
Boston, MA 02116
Please refer to Section 12 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
21. Complete Agreement.
Effective Date: November 15, 2008.