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Privacy Policy

Privacy Policy

Privacy Statement for Visit Duluth
The Official Destination Marketing Organization of Duluth, Minnesota

Visit Duluth ("VISD") operates the visitduluth.com Web Site (the "Web Site"). You may use the Web Site only if you comply with and agree to be bound by this Privacy Statement and Terms of Use (collectively, these "Terms of Use").

Please take a few minutes to review these Terms of Use before using the Web Site. By browsing, or otherwise using or contributing to the Web Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access, use, or contribute to the Web Site.

I. PRIVACY STATEMENT

VISD is committed to maintaining a Web Site that protects the individual's right to privacy. We do not require personal information from our visitors, nor do we collect any personally identifying information (name, email address, Social Security number, or other unique identifier) unless you knowingly provide it.

Other Information You May Provide to Us

You may decide to send us personally identifiable information and other information or materials through the Web Site, including by completion of on-line forms, entries to contests or sweepstakes, e-mail messages, or otherwise. All personally identifiable information you submit to us via such electronic communications will be managed in accordance with this Privacy Statement. We may use such information to provide you further information or services (e.g. to provide you with brochures or other requested information, or to process your entry into a contest), to improve our Web Site for you, or otherwise as applicable. We may share your online registration information with co-sponsors of any contests, sweepstakes or other online activities featured on the Web Site. Visit Duluth will only use this information for the purpose of keeping in touch with you. All information is kept confidential. We will not sell your personal information to other companies.

Email Newsletters

We offer several free travel information email newsletters. There are three ways you may be subscribed to one or more of our newsletters: 1) you electronically subscribed (opt-in) 2) you explicitly asked to be subscribed to a newsletter; or 3) you gave us your email address when requesting travel information in the past, and told us you would like to receive travel information in the future. Subscribing to any of our email newsletters requires positive confirmation from you by email, and options for unsubscribing (“opt-out”) from a newsletter are provided at the bottom of each electronic newsletter.

Data Collection for Statistics

To aid in Web Site management, certain information is collected for statistical purposes. VISD uses specialized software to create summary statistics, which are used for such purposes as assessing what information is of most and least interest to our customers, determining technical design specifications, and identifying system performance or problem areas.

Information we collect about your visit may include:

  • Web Site from which you linked directly to our Web Site, if you have used another Web Site to reach our Web Site
  • IP address of the computer from which you connect to our Web Site
  • Operating system and Web browser you use to view our Web Site
  • Date and time you accessed our Web Site
  • Pages you visit during your visit to our Web Site
  • Searches you execute on our Web Site

Information we collect is to measure the number of visitors to the different sections of our Web Site, allowing us to make our Web Site more useful and accessible to visitors.

II. TERMS OF USE

These Terms of Use May Change

We are continually improving and adding to the features and functionality of the Web Site and the content we offer through the Web Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use, and we reserve the right to make any such modifications at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Privacy Policy" at the bottom of each page of the Web Site. Your continued use of or contributions to the Web Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking the link marked "Privacy Policy" at the bottom of each page of the Web Site.

External links

We will link to external sites that help us perform our mission - " Visit Duluth is organized for the purpose of attracting the maximum number of visitor dollars into Duluth’s economy. Furthermore, Visit Duluth establishes new initiatives to increase tourism, visitors and conventions, and continuously works to further enhance the awareness of the industry."

Visit Duluth provides links to individual tourism-related businesses and organizations within Minnesota and Wisconsin. In addition, we reserve the right to provide links to external servers with whom Visit Duluth is partnered or conducting promotional activities; or to sites that offer non-biased information that may be useful to those who travel to Duluth.

Links to external Web Sites do not imply any official Visit Duluth endorsement of the opinions or ideas expressed therein, or guarantee the validity of the information provided. Links to commercial sites are in no way an endorsement of any vendor's products or services.

Links will be provided to external Web Sites that are managed in a professional manner (i.e., it is fully operational, is available most of the time, does not serve inaccurate information or obscene graphics, etc.).

All requests for links will be reviewed by Visit Duluth’s director of market services for approval prior to posting. Link placement is at the discretion of Visit Duluth.

Because VISD has no control over such external sites and resources, you acknowledge and agree that VISD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VISD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Accuracy or Endorsement

Information on businesses and organizations within www.visitduluth.com is provided by those organizations. Such information is not verified or endorsed by Visit Duluth. Users of this information are encouraged to call individual businesses to verify prices, amenities, features, dates and all other important details before traveling. Additionally, Visit Duluth provides links to Web sites which provide travel information, but does not verify or endorse the content of any of those sites.

Copyright

All information on visitduluth.com is protected by copyright by Visit Duluth. Individuals are granted permission to view or print information on this Web Site for travel planning or personal use, and may distribute this information to friends, family members or personal acquaintances for travel planning or personal use. Other uses of this information, including republication on the World Wide Web, in print publications, or in other formats/media, is not allowed without permission from Visit Duluth.

Webmasters are welcome and encouraged to link to this Web Site from their own sites. Logos and suggested language for such links is available below.

Restrictions on using the Visit Duluth logos

Visit Duluth and the Visit Duluth logo are both registered trademarks of the Duluth Publicity Bureau, Inc. and their use is reserved for official publications and other products of Visit Duluth. Use of Visit Duluth or its logo without prior written approval is prohibited. Logos and suggested language for such links.

Special permission is required for any other use of Visit Duluth logos. For permission, and for access to print-quality electronic files, contact Bob Gustafson at bob@visitduluth.com.

You must include the Visit Duluth logo graphic with registered trademark (®) symbol intact, or the text visitduluth.com ® with registered trademark symbol intact.

You must describe the link as The Official Destination Marketing Organization of Duluth, Minnesota, or words to that effect. Contact Bob Gustafson at (218) 625-8106 or bob@visitduluth.com, with any questions.

Ownership of Web Site and Content

The Web Site, including all of the content on the Web Site is owned by VISD or by third parties who have licensed their copyrights to VISD. No right, title or interest in the Web Site or any content on the Web Site is transferred to you under these Terms of Use. With respect to content you submit to us, you grant us the non-exclusive, royalty free, perpetual, irrevocable, transferable, sublicensable, worldwide license to reproduce, distribute, perform, and display such content or any part thereof, in any and all media or form of communication whether now existing or hereafter developed.

Ownership of Feedback

VISD welcomes your comments and feedback regarding the Web Site. All information and materials submitted to VISD through the Web Site, such as any comments, feedback, ideas, questions, designs, data or the like (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to VISD through the Web Site, you assign to VISD, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. VISD will be entitled to use any Feedback you submit through the Web Site, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us through the Web Site, including, without limitation, their truthfulness and accuracy.

Right to Modify or Discontinue Site

VISD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that VISD will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.

Disclaimer of Warranties and Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VISD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEB SITE AND ALL CONTENT THEREON OR PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITE IS AT YOUR SOLE RISK, AND THAT ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL VISD, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEB SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY YOU TO THE WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF VISD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VISD, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold VISD, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of these Terms of Use or from any claims made by third parties arising out of your use of or posting to the Web Site, including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation with regard to Content created or submitted by you.

GENERAL TERMS

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Individuals using the Web Site must understand that the Internet is inherently insecure and no Web Site operator can guarantee that a Web Site is secure. VISD does not warrant that the Web Site is secure or "hackerproof"; you use the Web Site solely at your own risk.

Choice of Law and Forum

These Terms of Use and the relationship between you and VISD will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and VISD agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. Louis, Minnesota.

Waiver and Severability of Terms

All waivers must be in writing and signed in ink on behalf of VISD. The failure of VISD to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Effective Date: June 1, 2008


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