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TERMS OF USE

These Terms of Use (“Terms”) govern your use of TourismIQ’s (“TourismIQ”) website (the “Site”). Please read the Terms before using the Site. Use of the Site constitutes your agreement to all Terms. If you object to anything in these Terms or the Site’s Privacy Policy, please do not use the Site. The Terms are subject to change at any time, effective upon posting on the Site.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the privacy statement for disclosures relating to the collection and use of your information.

WEBSITE CONTENT

All content available on the Site is the copyrighted work of TourismIQ.  Any reproduction or redistribution of this Site, in whole or in part, without the written permission of TourismIQ is expressly prohibited by law, and may result in civil and criminal penalties. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”), as well as the coordination, selection, arrangement and enhancement of such Proprietary Material, that users see or read on the Site is owned by TourismIQ or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without TourismIQ’s prior express written permission.

TourismIQ makes no representations about the suitability of the information or content contained on the Site for any purpose. All such materials are provided “as is” without warranty of any kind. TourismIQ disclaims all warranties and conditions with regard to the Site, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall TourismIQ be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of information available from the Site.

USER-GENERATED CONTENT AND LICENSE GRANT

By uploading, posting, or otherwise making available any content, including but not limited to images, photographs, videos, or text (“User-Generated Content”), on the Site, you grant TourismIQ a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content in any media. This license includes, but is not limited to, the right to use your User-Generated Content to promote the Site or TourismIQ services.

You represent and warrant that:

1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize TourismIQ to use all intellectual property rights in and to any User-Generated Content you upload or post.

2. The User-Generated Content does not infringe any third party’s rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

3. You agree to indemnify and hold TourismIQ harmless from any claims arising from or related to your User-Generated Content.

PROHIBITED CONTENT

Users are prohibited from uploading or posting content that:

• Infringes on any third party’s copyright, trademark, trade secret, or other proprietary rights.

• Contains any material that is unlawful, defamatory, obscene, threatening, or otherwise inappropriate.

TourismIQ reserves the right to remove any User-Generated Content at its sole discretion.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or the servers that host it, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or accounts, computer systems or networks that may be accessed through the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

TourismIQ may terminate your access to the Site at any time and for any reason with or without notice to you. TourismIQ shall not be liable to you for any loss associated with termination of such access.

LINKS TO THIRD PARTY SITES

Links from the Site to other sites on the Web, if any, are provided as an information service only.  It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. TourismIQ does not control such websites, and is not responsible for their content. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by TourismIQ’s Terms of Use and Privacy Policy. All users do hereby agree to hold TourismIQ harmless from any liability that may result from the use of links that may appear on the Site.

MODIFICATIONS TO THE SITE

TourismIQ reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the user and TourismIQ shall not be liable to user or any third party for any modification or discontinuance of the Site.

MISCELLANEOUS

Failure by TourismIQ to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or use of the Site shall be exclusively brought in the federal, state or local courts located in Provo, Utah; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.