Introduction
These Terms of Use are effective April 12, 2010.
The Destination Analytics, LLC Website (website) may be used only for intended purposes described in this statement and only for lawful purposes. In using this website, you agree to be bound by these Terms of Use.
Destination Analytics, LLC (DA) may effectively change these Terms of Use to reflect changes in operations and website enhancements by updating this posting at any time. Destination Analytics invites and encourages you to visit this page periodically to review possible changes as these Terms of Use are binding on users of this website. These Terms of Use are also incorporated fully into any and all contracts between Destination Analytics and any of our clients and customers.
Eligibility
Users of this website must be 18 years of age or older to use the Website for any purpose. Active use of the website and acceptance of these Terms of Use, represent a warrant to Destination Analytics that you are 18 years of age or older, and that you have the capacity, right, and authority to agree to and abide by these Terms of Use. You also warrant to Destination Analytics that you will use our website in accordance consistent with applicable laws and regulations.
Login Information
Clients of Destination Analytics will be provided a username and password by Destination Analytics in order to submit data and obtain access to your custom dashboard via the website. Upon registration for such username and password, you agree that all information provided will be true, accurate, current and complete as prompted by our registration form (information with an * is required). You also agree to keep all the required information up to date. You acknowledge that, if any information you have provided to register is false, inaccurate, not current, or incomplete, we reserve the right to terminate your username and password for use on the website.
You will be responsible for the confidentiality and use of your login username and password and you shall not transfer or resell your use of or access to the website to a third-party. It is your responsibility to maintain confidentiality of this access login username and password. The website provides ease of changing either and Destination Analytics suggests these be changed on a regular basis to maintain security. You are also entirely responsible for any and all activities which are conducted using your Destination Analytics account to include access to your dashboard and purchases made.
Use of Website
All content, the appearance, and design of this Website, including logos, graphics, button icons, images, software code, text, and other data, are protected under both United States and foreign laws covering copyright, and trademark. Unauthorized use of the reports generated on this website may violate copyright, trademark, and other laws. Users of these reports must retain all proprietary notices, copyright, trademark, and service marks contained on the originals and on any copy you make of the reports. All generated reports are the property of the Destination Analytics or, where applicable the subscribers of Destination Analytics. You may not sell, modify the website content or display, distribute, reproduce, publicly distribute, or otherwise use the website content in any way for any commercial or undesignated purpose without prior written consent by Destination Analytics. The use of the Destination Analytics website content on any other website or within a local or extended networked computer environment for any purpose is prohibited, unless expressly permitted in writing by Destination Analytics.
Copying, altering, or adapting the HTML code that Destination Analytics uses to create website pages, calculate and develop reports, and provide subscriber services is strictly prohibited. All HTML code is also protected by the Destination Analytics copyright.
Use of the Website to distribute, transmit, store or destroy material: 1) in a manner that will infringe trade secrets, the copyright, trademark, or other intellectual property rights of others; 2) violate the privacy, publicity or other personal rights of others; 3) in violation of any applicable law or regulation; or 4) that is threatening, hateful, obscene, or abusive is strictly prohibited.
If any illegal or unauthorized use of the Destination Analytics website is suspected, appropriate legal action will be taken.
Privacy Policy
Detailed information regarding privacy and use of the website is provided in the Privacy and Security Policy statement which also governs your use of the Destination Analytics website. Reference of the Privacy and Security Policy statement hereby incorporates the Privacy Policy into these Terms of Use.
Web Site Security Rules
You are prohibited from violating or attempting to violate the security of the Destination Analytics website. Included in this prohibition (without limitation) are: 1) accessing or attempting to access data not intended for your use; 2) attempting to test, scan, or probe the vulnerability of a Destination Analytics system or network to attempt to breach security or authentication measures without proper authorization; 3) logging on to a Destination Analytics account or server database which you are not authorized to access; 4) forging any TCP/IP packet header or any part of the header information in any e-mail posting; 5) sending unsolicited e-mail promotions and/or advertising of products or services; 6) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website, or otherwise attempt to disrupt service through other means. Violations of network or website security may result in civil or criminal liability. Destination Analytics will investigate all suspected security violations and may involve, and cooperate with, law enforcement authorities in prosecuting users of the website who are involved in such violations.
Specific Prohibited Uses
The Destination Analytics website and interface may only be used for lawful purposes by eligible individuals seeking information, data and resources related to tourism destination trends and analytics, as well as by individuals seeking employment with or information regarding Destination Analytics. Accordingly, any of the following are strictly prohibited:
Collection of information about website visitors or users without their express consent;
Use of any software, routine, or computer hardware to attempt to interfere with the proper operation of this website or interfere with any activity being conducted on this site;
Using the website in any way which may impose an unreasonable or disproportionately large load on the website’s infrastructure;
Any attempts to disassemble, decompile, decipher, or reverse engineer any of the software comprising any part of the Website;
Using any site search/retrieval application, spider, software robot, or other automatic or manual device or process to data mine, index, retrieve or in any way simulate, circumvent or reproduce the architecture or presentation of the Website or its contents;
Posting any information which is not your own, incomplete, false or inaccurate;
Deleting or revising any material posted by any other person or entity;
Copying, duplicating, or aggregating in any manner any of the reports or information available from the website, without prior written consent by Destination Analytics;
Disclosing or sharing your username and password with a third party or otherwise using your login authorization for any unauthorized purpose; or
Distributing, reproducing, or posting of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
U.S. Export Controls
Downloading and use of the website software is at your own risk. Software code available in connection with the website is subject to United States export controls and as such no software code may be retrieved or downloaded from the website or otherwise exported or re-exported in violation of U.S. export laws.
Disclaimers
Third-party website links on the Destination Analytics website does not imply approval or endorsement of the linked website by Destination Analytics. Destination Analytics has no responsibility for third party links nor the goods or services provided. Access to these third-party sites is at your own risk. Destination Analytics is not responsible for the access to and links from the website and you should ensure that you have hardware and software that are capable of accessing the website effectively via your Internet service provider. We advise all our users to install and enable appropriate anti-virus software. We accept no liability for service suspension, interruption of access, loss of data, or faults in the website irrespective of cause. Destination Analytics cannot be held responsible for the lack of sufficient data from participants for production of a particular report. Destination Analytics cannot be held responsible for the conduct, of any other user of the Website.
