TERMS AND CONDITIONS OF USE AND PROVISION OF CONTENT

INTRODUCTION
The Livingston County Convention and Visitors Bureau (LCCVB) maintains this website to give public access to information the LCCVB hopes you will find interesting, informative or helpful about Livingston County. This service is continually under development so while we try to keep the information timely and accurate, your reliance on the information is at your sole risk. The LCCVB reserves the right, in its sole discretion, and without any obligation or advance notice, to make improvements to; revise, delete or amend; or correct any error or omission related to the information contained on this website.

DISCLAIMER OF LIABILITY

Neither the LCCVB, members of its Executive Committee, members of its Board of Directors, nor any of its employees or agents shall be held liable for any inaccurate, incorrect, or improper use of the information described or contained within the website and assumes no responsibility for anyone’s use of the information. In no event shall the LCCVB, members of its Executive Committee, members of its Board of Directors, or its employees or agents be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused, incurred or suffered and regardless of any theory of liability, whether in contract, strict liability, or tort (including negligence, omission, failure to act, or otherwise) or equitable, arising in any way out of the use or dissemination of the information contained on this website. The user agrees to hold the LCCVB, members of its Executive Committee, members of its Board of Directors, or its employees or agents harmless from and against any and all damage, injury, loss, or liability arising from any use of the information contained on this website.

DISCLAIMER OF WARRANTIES
All information contained on this website is provided “as is.” All warranties of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination from computer viruses, freedom from uninterrupted and error free service, and non-infringement of proprietary rights are disclaimed.

DISCLAIMER FOR EXTERNAL LINKS
Certain links on the website lead to, or may lead to, resources located on servers or websites maintained by third parties over whom we have no control. Accordingly, we accept no responsibility or liability for any of the material contained on those servers or the accuracy or legality of information contained on other websites.

Links to other websites do not constitute an endorsement from the LCCVB. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other websites. The LCCVB will decide whether to grant requests for LCCVB website links.

INFORMATION AND MATERIALS PROVIDED TO THE LCCVB
The LCCVB does not claim ownership of the information or materials you provide, post, upload, input or submit to the website (“Submissions”), unless otherwise provided under a separate, written agreement with the LCCVB and the terms of that written agreement shall govern. In any event, by providing, posting, uploading, inputting, or submitting your Submissions, you are granting the LCCVB permission, in its sole discretion, to use your Submissions in connection with its operations including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions without compensation. Your submission might even be used on a billboard, among other forms of media, in upcoming advertising campaigns. By submitting your Submission, you are warranting, among other things in more detail below, that you own all rights to the Submission and the right to grant the LCCVB permission to use the Submission. You further agree to hold harmless the LCCVB, its officers, directors, employees, and agents against all claims of intellectual property infringement of your Submission.

WRITTEN AGREEMENT OF SUBMISSION APPROVAL
You understand and agree that your Name and Content will be publicly displayed, and that it will not be treated in confidence. By replying to LCCVB’s request to participate, you provide LCCVB with the unlimited, worldwide right to use and share your Name and Content on its website, explorebrightonhowellarea.com; in all of its social media channels, such as Facebook, Twitter and Instagram, including both organic posts and paid ads; printed marketing materials such as the annual Official Visitors Guide, annual Event Brochure (s), LCCVB Itineraries, blog posts, and more; digital ads; and other promotional materials of any kind or type.

By granting approval, you hereby grant the Livingston County Convention and Visitors Bureau (“LCCVB”) and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents and partners (together, the “Grantees”) an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the media or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on the explorebrightonhowellarea.com website and digital properties owned or controlled by the LCCVB, its affiliates or anyone acting on LCCVB’s authority, including websites and social media profiles such as Facebook, Twitter and Instagram communications, and in e-mails or other digital and social media communications), for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at the LCCVB’s reasonable request and in the sole discretion of LCCVB. You acknowledge that Grantees will rely on this permission potentially at substantial cost to Grantees and you will agree not to assert any claim of any nature whatsoever against anyone related to the exercise of the permissions granted hereunder.

You further 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 Name and 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 all the rights to LCCVB 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 sole discretion of LCCVB and its 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 or reasonably believed by 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 LCCVB for the use of your Name or 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 LCCVB or the marketing, advertising, commercial or promotional efforts of the LCCVB.

You irrevocably release and forever discharge LCCVB and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Released Parties”) 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 may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to the use of your Name, Content or anything contained therein, or the marketing, advertising, commercial or promotional efforts of the LCCVB.

You further warrant and represent that you have the right to grant all rights granted herein and Grantee’s use of the property as permitted above will not infringe on the rights of any third party. You will indemnify and hold Grantee harmless from and against any claims, damages, liabilities, costs and expenses arising out of any breach of the foregoing warranty.

ACCURACY OF DATA
The information contained on this website may contain technical inaccuracies or typographical errors. Changes may be made to the information contained on this website. If you have obtained information from the LCCVB from a source other than the LCCVB, you are hereby informed that electronic data can be altered subsequent to original distribution.

NO PROFESSIONAL ADVICE
Information received via the LCCVB website and servers should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

COPYRIGHTS
No copyrighted material may be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of the LCCVB. Any LCCVB materials may be copied and distributed for personal, noncommercial, informational purposes only. Copied materials must remain intact and include the following notice in a clearly visible position: “Copyright © 2018 Livingston County Convention and Visitors Bureau.” This permission to copy and distribute materials does not extend to materials owned by other content providers that appear on the LCCVB website.

Reproduction, copying, or redistribution for commercial purposes of any materials on the LCCVB website is strictly prohibited without the express written permission of the LCCVB. If you wish to request permission to use materials in a manner otherwise prohibited by the terms of this section, please contact [email protected] or call 517.548.1795.

TRADEMARK INFORMATION
The LCCVB owns certain registered service marks and displays these service marks on its websites. Use of any of the service marks is prohibited, unless permitted by a written agreement with the LCCVB.

OTHER
In the event of a conflict between this legal information and specific terms and conditions contained within a separate document, the specific terms and conditions shall control.

Any dispute regarding the use of the LCCVB’s website and its privacy and use policies shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Terms of Use shall be brought solely in state or federal court located in Livingston County, Michigan. The user expressly submits to the exclusive jurisdiction and venue of said courts and consents to extra-territorial service of process.

Should any part of these Terms and Conditions be held invalid or unenforceable by a court, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect.

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PRIVACY POLICY
1. Introduction
The Livingston County Convention and Visitors Bureau (“LCCVB”) has created this Privacy Policy to demonstrate its commitment to user privacy and online data security, and to communicate its online information gathering, use and dissemination practices for users of the LCCVB websites (the “LCCVB websites”). You should take the time to read and understand our Privacy Policy so that you can understand how we treat your personal information.

LCCVB reserves the right to change the terms and conditions of this Privacy Policy at any time in its sole discretion. LCCVB will post any changes to the Privacy Policy. You are responsible for regularly reviewing this Privacy Policy and all such changes. Continued use of the LCCVB website(s) after any such changes have been posted shall constitute your agreement to such changes.

2. Information Collected
a. Information Automatically Collected
If you do nothing during your visit but browse through the LCCVB websites, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. This information may include, but is not limited to, your IP address, browser type, domain names, access times and referring website addresses. This information is used by the LCCVB for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the LCCVB websites. To enhance your experience on the LCCVB websites, the LCCVB uses a standard feature found in browser software called a “cookie.” Cookies are small files that your Web browser places on your hard drive for record-keeping purposes. By showing how and when Visitors use the LCCVB websites, cookies help the LCCVB track user trends and patterns. Cookies also prevent you from having to re-enter your preferences on certain areas of the LCCVB websites when you have entered preference information before. You have the ability to accept or decline cookies.

b. Information You Provide to Us
If you choose to provide us with personal information either while on the LCCVB websites, or in responding via email or completing a survey in connection with a feature provided on the LCCVB websites, we use that information to respond to your message and to help us provide you with information that you request. LCCVB does not capture any such personal information without your knowledge or consent. This information may include demographics, first name and email address. Under no circumstances will the LCCVB request your social security number or bank account information when visiting the LCCVB websites.
Under certain circumstances (e.g. event registrations), you may be asked to provide your credit/debit card number. All transactions involving your credit/debit card number are conducted using a (SSL) Secure Socket Layer connection. This connection provides increased security to the information as it is transmitted to our websites. We will only use your credit/debit card number for the processing of our payment.
With your permission, we may share your personal information for marketing and advertising purposes, including other LCCVB partners. In no event will we release your credit/debit card number. If you register for an event, the information you provide in your registration will be shared with the coordinator for that event.
Except as otherwise provided in this Privacy Policy, any information you submit will not be shared with, disclosed or distributed to third parties, except that LCCVB may disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena, when requested by a law enforcement agency and/or when LCCVB has reason to believe that someone is causing injury to or interference with the rights or property of another.

3. LCCVB’s Protection and Use of Your Personal Information
Except as otherwise provided in this Privacy Policy, if you choose to provide LCCVB with personal information, LCCVB will only use that personal information within its organization to respond to your specific request or email, and to inform you of various programs, activities or services. LCCVB will store this personal information in its secure database and will take appropriate measures to safeguard personal information against unauthorized disclosure or use.

4. Opt-Out Policy
You have the option to opt out of being contacted by, or receiving information from, LCCVB, its sponsors, affiliates and/or partners, and to choose how LCCVB uses your personal information. You may also review, update and correct your personal information. You may exercise these options by sending an email with your request to [email protected]

5. Exceptions to Protection of Personal Information
LCCVB’s obligations under this Privacy Policy do not apply to any information or data that: (a) is not identifiable as yours; (b) is or becomes entirely in the public domain; (c) was known to the LCCVB prior to its access to the information or data; (d) received lawfully from a third party through no breach of any obligation of confidentiality owed to you; and/or (e) created by LCCVB independently of its access to, or use of, your personal information.

6. Security
LCCVB has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online.

7. Links to Other Sites
The LCCVB websites have links to other websites. Once you link to another website, you are subject to the privacy policy of the new website.

8. Additional Information
Questions regarding this Privacy Policy or the practices of the LCCVB websites should be directed to LCCVB by emailing such questions to [email protected] or calling 517.548.1795.