Welcome to the Columbia Metropolitan Convention CenterWebsite. In these Terms and Conditionsof Use "We", "Our" and "Us" refers to the Midlands Authority for Conventions, Sports &Tourism, the owner of the Columbia Metropolitan Convention Center. "You" and "Yours" refers to the personreading these Terms and Conditions of Use. "Services" refers to any and all services available through Our Websitebut does not refer to the rental or other use of the Columbia MetropolitanConvention Center itself or any of its facilities which is governed by aseparate agreement you may access here for regular contracts and here for state contracts. "Resources"refers to any and all applications, routines, tools or other resourcesavailable on Our Website. "Content" refers to all contentappearing on Our Website (regardless of type or form, and including withoutlimitation all text, data, compilations, photos, images, graphics, videos,logos, music, sounds, software, downloads or other audio or visual materials,and the design and look and feel of the Website). By entering Our Website or using any of OurServices or Resources You accept and agree to these Terms and Conditions of Useas in effect from time to time. We mayrevise these Terms and Conditions of Use at any time by posting the revisedversion on Our Website. Your continuedusage of Our Website means You accept and agree to the revised Terms andConditions of Use.
Risk, Responsibilityand Disclaimers
You are solely responsible for and assume all risksassociated with Your use of Our Website, the Content, Resources and Services(including without limitation the payment processing services available throughthird party providers referenced in the "Online Payments" section of these "Termsand Conditions of Use"). Our Website, theContent, Resources and Services are provided "as is" and "as available" withoutany representation or warranty of any kind, including without limitation anywarranty of availability, effectiveness, merchantability, error-free operation,accuracy, completeness, non-infringement, absence of viruses or other malware,fitness for a particular purpose, or suitability for Your intended use orpurpose. To the extent permitted byapplicable law, We disclaim all warranties of every nature and description,whether express or implied, and whether based in statutory or common law, withrespect to Our Website, the Content, Resources and Services.
Accessing and using Our Website requires use of equipmentand services not provided by Us that enable You to transmit and receive dataover the Internet. Your access to anduse of such equipment and services is solely your responsibility and involves instrumentalitiesbeyond Our control that may expose the computer or network used for such accessto viruses, worms, Trojan Horses or other malware. We are not responsible and assume noliability for (i) any failures, delays, or interruptions in service withrespect to Our Website, the Content, Resources or Services; (ii) any damage,corruption or loss of data by You or any third party; or (iii) any otheradverse effects of viruses, worms, Trojan Horses or other malware You mayexperience in connection with Your use of Our Website, the Content, Resourcesor Services.
Ownership of Content
All copyrights and other proprietary rights in the Contentare owned by Us or Our licensors and We (or they, as applicable) reserve allrights in the Content except as otherwise expressly provided in these Terms andConditions of Use. You may view and use theContent solely for Your own personal, noncommercial purposes. You may not copy, reproduce or distribute anyof the Content without Our express written prior consent. Use of any of the Content in connection withthe promotion, marketing or sale of any product or service without Our consentis strictly prohibited. All trademarksappearing on Our Website are the property of the owners thereof and Our Websitedoes not confer upon You any rights or interests therein.
Our Website is intended for use by adults and is notintended or designed to attract children under the age of 13. We do not collect personally identifiableinformation from anyone actually known to Us to be under the age of 13.
In no event shall We, Our licensors, suppliers, affiliates orother third parties referred to on Our Website be liable for any damages(including, without limitation, incidental and consequential damages, personalinjury/wrongful death, lost profits, or damages resulting from lost data orbusiness interruption) resulting from the use of or inability to use Our Websiteor the Content, whether based on warranty, contract, tort, or any other legaltheory, and whether or not We, Our licensors, suppliers, affiliates or otherthird parties referred to on Our Website are advised of the possibility of suchdamages. We, Our licensors, suppliers, affiliatesor other third parties referred to on Our Website shall be liable only to theextent of actual damages incurred by You, not to exceed $500.00 (US). We, Our licensors, suppliers, affiliates orother third parties referred to on Our Website are not liable for any personalinjury, including death, caused by Your use or misuse of Our Website, the Content,or Public Areas (as defined below). Anyclaims arising in connection with Your use of Our Website, any of the Content, Resourcesor Public Venues must be brought within one (1) year of the date of the eventgiving rise to such action occurred (time being of the essence with respect tosuch deadline). Remedies provided for inthese Terms and Conditions of Use are exclusive of any and all other remediesotherwise available at law or in equity.
Our Website may include (or link to) blogs, message boards, socialmedia Websites and other means affording users opportunities to post and/orupload questions, opinions, comments, messages, information and other materialviewable by Us and in some cases the public ("Public Venues"). You warrant and agree that any material ofany type You post or upload to a Public Venue is non-confidential, does notinclude personally identifiable information, and does not infringe or violateany right of any other person or entity. By making a post or upload of material to Our Website or otherwisecommunicating with Us You grant to Us a royalty free, perpetual, irrevocable,and assignable worldwide license to copy, reproduce, translate, edit, modify,publish, perform, distribute, make derivative works from and use in any way forany purpose such post, upload or communication. Posting or uploading to Our Website material of any kind that is illegalor contains hateful, abusive, defamatory, threatening, harassing, offensive,obscene, pornographic, sexually explicit or other illegal or inappropriatematerial is strictly prohibited. Youagree never to post to or use Our Website or any Public Venue for any purposethat is illegal, fraudulent, infringes the rights of others, or includesadvertising, promotional material, solicitation of business, chain letters,pyramid schemes, solicitation of wagering or gambling, spamming, or that isotherwise illegal or inappropriate. Wereserve the right (but assume no obligation) to remove from the Website any usersupplied material We deem inappropriate for any reason in Our sole discretion. You understand and acknowledge that (i) someuser supplied material you encounter in a Public Venue may be offensive, inaccurate,incomplete, outdated, false, misleading or otherwise flawed, (ii) We have noobligation whatsoever to monitor or police any user supplied material, (iii) Wemake no representation or warranty whatsoever with respect to or in connectionwith any user supplied material, and (iv) You are solely responsible for andassume all risks in connection with Your use of or reliance upon any usersupplied material.
You agree not to use (or permit any other person to use) OurWebsite for any criminal or illegal purpose of any nature or description,including without limitation fraud, identify theft, dissemination of viruses orother malware, misappropriation of passwords or other confidential informationof others, conspiracy to commit an illegal act, impersonating others, invadinganyone's privacy, or harvesting, scraping or otherwise collecting informationabout others. You agree not to interferewith or disrupt the operation of Our Website in any manner, including withoutlimitation denial of service or similar attacks. You agree not to access or attempt to accesssites or servers related to Our Website or business without properauthorization. You agree not to use OurWebsite in any way that interferes with the use or enjoyment of Our Website byothers.
In connection with goods or services available through OurWebsite We offer the option of making payments (including reservation deposits)to Us via third party payment processing providers linked on Our Website. We are not responsible for such third partyWebsites or their handling of your financial or other personal information theymay collect. We do not collect or storeyour credit card or other payment information and disclaim all responsibilityrelated to the collection or handling of such information. Please contact the appropriate third party paymentprocessing provider directly if you have questions about their collection orhandling of your financial or other personal information. Payments to Us made by credit card will referenceUs on your statement as "Columbia Convention Cntr".
Our Website (either directly or through one or more thirdparty providers) allows You to record and store information. You areresponsible for taking all reasonable steps to ensure that no unauthorizedperson gains access to Your passwords or accounts related to Our Website. It isYour sole responsibility to (1) control the dissemination and use of Yoursign-in name, screen name and passwords; (2) monitor and control access to anduse of Your passwords and accounts related to Our Website; (3) promptly informUs if You believe any of Your passwords or accounts has been compromised or ifthere is any other reason You need to deactivate a password or account. To send Us an email, use the "ContactUs" links located at the bottom of every page of Our site. You grant Usand all other persons or entities involved in the operation of Our Website theright to transmit, monitor, retrieve, store, and use Your information inconnection with the operation of Our Website. We do not have or assume anyresponsibility or liability for any information You post, submit, store,transmit or process on Our Website or using any resource available on OurWebsite or for any use or misuse of such information.
Your access to and use of Our Website, the Content, Resourcesand Services is a privilege, not a right, and We may revoke Your access to oruse of Our Website, the Content, Resources or Services at any time for any reason. We reserve the right at any time and in Oursole discretion (but We have no obligation) to monitor, police, record, edit,disclose to others or remove any posting or other communication in a PublicVenue by You or any other person.
Automatic Terminationof Permission
If You violate any of these Terms and Conditions of Use Yourpermission to access and use Our Website, the Content, Resources and Services automaticallyterminates without requirement of any further action by Us or notice to You andYou shall immediately cease and desist from any further use of Our Website, theContent, Resources and Services and destroy any copies You have made of anyportion of the Content.
Advertisements,Searches, and Links to Other Sites
Our Website may provide links to third-party Websites andmay select certain sites as priority responses to search terms You enter. We may allow advertisers to respond to certainsearch terms with advertisements or sponsored Content. However, We do not recommend and do notendorse any third party product or service or the content of any third-party Websites. We are not responsible for the content oraccuracy of third-party Websites linked or framed within Our Website or theiradvertising appearing on Our Website. Your use of any and all third-party Websitesis at Your own risk and subject to the terms and conditions of use for such Websites.
You agree to indemnify, defend and hold harmless Us and Our directors,officers, employees and other agents from any and all claims, damages, losses, expenses(including fees and expenses of attorneys, experts and other professionals) orother liabilities of any kind resulting from or arising out of Your access toor use of Our Website, or the Content, Resources or Services or Your failure tocomply with these Terms and Conditions of Use or Our rules and policies withrespect to Our Website in effect from time to time.
Notice and TakedownProcedures; and Copyright Agent
If You believe any materials accessible on or from OurWebsite infringe Your copyright, You may request removal of those materials (oraccess thereto) from Our Website by contacting Our copyright agent (identifiedbelow) and providing the following information:
1. Identificationof the copyrighted work that You believe to be infringed. Please describe thework, and where possible include a copy or the location of an authorizedversion of the work.
2. Identificationof the material that You believe to be infringing and its location. Please describe the material, and provide Us withother pertinent information that will allow Us to locate the materials.
3. Yourname, address, telephone number and (if available) email address.
4. Astatement that You have a good faith belief that the complained of use of thematerials is not authorized by the copyright owner, its agent, or the law.
5. Astatement that the information that You have provided to Us is accurate, andindicating that "under penalty of perjury," You are the copyrightowner or are authorized to act on the copyright owner's behalf.
6. Asignature or the electronic equivalent from the copyright holder or authorizedrepresentative.
Our agent for copyright issues relating to Our Website is asfollows:
Midlands Authority forConventions, Sports & Tourism
In an effort to protect the rights of copyright owners, Wemaintain a policy for the termination, in appropriate circumstances, ofsubscribers and account holders of Our Website who are repeat infringers.
We are domiciled in the United States of America. We make no representation or assurance that OurWebsite, the Content, Resources or Services are legal or accessible outside ofthe United States. If You access OurWebsite from outside the United States, You do so at Your own risk and You aresolely responsible for compliance with the laws of all applicable jurisdictions.
These Terms and Conditions are governed by the laws of theState of South Carolina, without regard to its conflict of laws rules or principles. The illegality, invalidity orunenforceability of any provision of these Terms and Conditions of Use shallnot render illegal, invalid or unenforceable any other provision hereof.
The state and federal courts located in the State of SouthCarolina have exclusive jurisdiction over any and all disputes between You andUs (or Our directors, officers, employees, or agents) in any way relating to OurWebsite, the Content, Resources or Services, or Your use of any of theforegoing. You and We each expresslyconsent to the jurisdiction of such courts over Us personally and You and Weagree that venue in such courts is convenient and proper. IN CONNECTION WITH ANY LEGAL PROCEEDING WITHRESPECT TO ANY SUCH DISPUTE YOU AND WE EACH HEREBY IRREVOCABLY WAIVES OUR RIGHTTO A JURY TRIAL.
No waiver of any of these Terms and Conditions shall bedeemed a further or continuing waiver of such term or condition or any otherterm or condition.
Except for any agreements with respect to Your use of anyServices (if applicable), these Terms and Conditions of Use and Our PrivacyPolicy constitute the entire agreement between You and Us with respect to theuse of Our Website, the Content, Resources and Services.
Questions or comments regarding Our Website, including anyreports of non-functioning links, may be submitted using Our Contact Us Form,or via email at firstname.lastname@example.org or via U.S.mail addressed to:
Midlands Authority forConventions, Sports & Tourism
©2015 Midlands Authority for Conventions, Sports & Tourism. All rights reserved.