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My DMAI Terms of Service Agreement


TERMS OF SERVICE AGREEMENT

ACCEPTANCE OF TERMS

The following are rules and conditions of participation in the Destination Marketing Association International (DMAI) online community, from hereon described as "myDMAI". By subscribing to and participating in myDMAI, Members hereby agree and warrant their full compliance with the following terms of participation:

myDMAI provides its service, subject to the following Terms of Service ("TOS"), which may be updated by DMAI or its representatives from time to time. The most current version of the TOS can be reviewed at any time through the use of our web site www.destinationmarketing.org. The Terms of Service govern DMAI Member organizations, members, partners and the vendors it has granted access to myDMAI.

Destination Marketing Association International has contracted with Socious, Inc. with respect to myDMAI.

myDMAI currently provides members with access to a rich collection of resources, including various communications tools, forums, file areas, and personalized content through its online interface. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.

myDMAI is a service provided by DMAI in furtherance of its nonprofit and tax-exempt purposes. myDMAI may be used only by DMAI members and only for the purpose of discussing matters related to or arising out of the industry/profession represented by DMAI.

Members will use their business email and DMAI member ID to gain access. Member is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under such password or account. Member agrees to (a) immediately notify DMAI or its representatives of any unauthorized use of Members password or account or any other breach of security, and (b) ensure that Member exits from its account at the end of each session. DMAI and its representatives will not be liable for any loss or damage arising from Members failure to comply with this Section.

DMAI accepts no responsibility for the opinions and information posted on the listserv by others. DMAI disclaims all warranties with regard to information posted, whether posted by DMAI or others; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall DMAI be liable for any special, indirect or consequential damages, or damages of any kind whatsoever, resulting from loss of use, data or profits, arising out of or in connection with the use or performance of any information posted.

DMAI asks that Members' not post any defamatory, abusive, profane, threatening, offensive, or illegal information or material, and do not utilize myDMAI in any illegal manner. Do not post any information or other material protected by copyright without the permission of the copyright owner. Do not use any words or logos or other marks that would infringe upon trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners. Do not post any confidential information or any information that would be libel or slanderous, infringe upon proprietary, privacy, and personal rights of others. Do not request or share salary and benefit information, sales bonuses and commissions levels, costs of living adjustments or other financial information that could compromise the confidentially of staff reviews and hiring processes.

By posting material, information, data, text, software, sound, photographs, graphics, video, messages, content the posting member warrants and represents that it owns the copyright with respect to such material, has received permission from the copyright owner, or that the material is in the public domain. The posting member further warrants and represents that it otherwise has the full and unencumbered rights to post such material and that such posting will not infringe any rights or interests of others. In addition, the posting member grants DMAI and users of myDMAI a non-exclusive, irrevocable license to display, copy, publish, distribute, transmit, print, and use such information or material in any manner, without payment to the posting party. This applies to publicly posted or privately transmitted material.

myDMAI shall not be utilized in any manner that violates U.S. federal or U.S. state antitrust laws or other laws prohibiting anticompetitive practices. The antitrust laws generally prohibit any agreement or understanding inconsistent with the right and obligation of competitors to exercise independent business judgment in pricing their product or services, dealing with their customers and suppliers, and selecting the markets in which to compete. No express agreement or understanding is required; one can be inferred from statements or conduct. Do not post any information regarding specific prices or fees charged or paid, and do not post any information concerning prices, pricing practices, discounts, or other terms or conditions of sale either obtained by or offered to another entity. Do not post any information concerning markets shares, salaries, cost, sales territories, profit margins, or encouraging the selection or rejection of customers or suppliers or request this type of information. For further information on antitrust laws, please click on the following link: http://www.ftc.gov/bc/compguide/index.htm

All posting shall be of an informational nature and for informational purposes only. Do not use myDMAI to solicit business, including the direct or indirect marketing of users' products or services, with the exception of press releases. myDMAI may not be used to provide product(s) or services in exchange for compensation of any kind.

Job postings and vacancy announcements are not permitted on myDMAI; please use DMAI's job bank for these postings @ http://www.destinationmarketing.org/Career_Center/CVBJobOps.asp

The myDMAI site may provide links to other World Wide Web sites or resources. Because DMAI and its representatives have no control over such sites and resources, Member acknowledges and agrees that DMAI and its representatives are 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. Members further acknowledge and agree that DMAI and its representatives shall 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 third party sites or resources, or any goods or services available on or through any such site or resource.

DMAI may monitor myDMAI for inappropriate postings, and may undertake editorial control of postings. However, in the event that any inappropriate posting or unauthorized use of myDMAInity is brought to DMAI's attention, including but not limited to prohibited posting and usage as outlined herein, DMAI will take all appropriate action, in its sole discretion. DMAI reserves the right to terminate, without prior notice, the listserv access of any user who does not abide by these guidelines.

DISCLAIMER OF WARRANTIES

Client Expressly understands and agrees that:

Member use of the service is at its sole risk to the extent permitted by law. The service is to provided on an "as is" and "as available" basis. DMAI and its representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

DMAI and its representatives make no warranty that (i) the service and information received through the service will meet members' requirements, (ii) the service will be uninterrupted, timely, secure, error-free, or virus-free, (iii) any information that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the software will be corrected.

Any material downloaded, viewed or otherwise obtained through the use of the service is done at Member's own discretion and risk and that Member will be solely responsible for any damage to Members' computer systems and networks, or loss of data that results from the download, viewing or use of any such material.

If Member receives or requests any news, messages, alerts or other information from myDMAI concerning companies, stock quotes, investments or securities, such information is provided for informational purposes only, and no content included in myDMAI is intended for trading or investing purposes. DMAI and its representatives, and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

All trademarks, service marks, trade names or other words or symbols ("Marks") identifying DMAI and its representatives will remain such Party's exclusive property. Member agrees to not take any action that jeopardizes the other Party's proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any DMAI logo or the logos of their representatives is granted in this section.

The TOS and any Subscription Agreement between Member and DMAI and its representatives constitute the entire agreement between Member and DMAI and its representatives and govern use of the Service, superseding any prior agreements between the user and DMAI and its representatives. The failure of DMAI or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.

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