Terms and Conditions

Scope

The website, visitnebraska.com (“Website”), is an official Nebraska government website as a division of the Nebraska Tourism Commission (“Commission”). The rules and regulations in these Terms and Conditions (“Terms”) apply to all visitors or users of the Website. The terms “you,” “your,” or “User” refers to any individual or entity who accepts these Terms. The terms “we,” “us”, “our” or “Commission” refer to the Commission, its officers, directors, subsidiaries, affiliates, employees, or other agents.

This Website is for tourism-related use and information for businesses and consumers in the State of Nebraska. Any and all content on the Website is subject to review, modification, and removal by the Commission, as determined by the Commission in its sole discretion. Notwithstanding any other provision to the contrary in these Terms, the Commission is not responsible for any content posted to the Website by any User.

Acceptance, Amendment, and Enforcement

By accessing this Website, User acknowledges acceptance of these Terms. These Terms herein incorporate by reference, and you agree to be bound by, the Commission’s Privacy Policy.

The Commission reserves the right to change these Terms from time to time at its sole discretion. The amended version will be effective at the time the Commission posts it. The Commission may provide notice of substantial changes to the Terms on the homepage of the Website. A User’s continued use of the Website following the posting of any changes constitutes that User’s acceptance of the changes. No revision or update will apply to a dispute of which the Commission had actual notice on the date the Commission posts the amended version.

In the case of any violation of these Terms, the Commission may seek any and all remedies available by law and in equity for such violations. These Terms apply to all visits to the Website, both now and in the future.

License

The Commission grants, subject to these Terms, only a limited, non-transferable and non-exclusive license to use the Website and to use the materials on the Website in a manner consistent with these Terms.

ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE CONTENT ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMMISSION (OR OTHER THIRD PARTIES). USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY CONTENT FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

When you post User content to the Website, you authorize us to use and disclose the User content as the Commission determines necessary to provide the Website and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of the User content on the Website. By posting User content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant to the Commission and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User content. You may remove your User content from the Website at any time, but you acknowledge that the Commission may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

The Commission does not assert any ownership over your User content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User content and any intellectual property rights or other proprietary rights associated with your User content.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of the Commission or other third parties. Users are not permitted to use these Marks without the prior written consent of the Commission or such third party which may own the Mark. “Visit Nebraska. Visit Nice” is a trademark of the Commission.

General Disclaimer

Although the Commission has attempted to provide accurate information on the Website, the Commission assumes no responsibility for the accuracy of the information. The Commission may change the services, programs or products mentioned at any time without notice. Mention of non-Commission products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMMISSION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

UNDER NO CIRCUMSTANCES SHALL THE COMMISSION, THE NEBRASKA STATE GOVERNMENT, ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT ARISE OUT OF OR RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO STOP USING THE WEBSITE AND THE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMMISSION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

User Account

Where you have created an account in the Website, or signed into the Website using another authorized account (e.g., Facebook.com account and profile), you confirm that the account information you have provided is truthful and accurate. You must keep your account password and information confidential and not share it with any other person. You will be responsible for any and all liability incurred by the Commission or any other user of this Website due to unauthorized use of your account. If the Commission believes that your account has been compromised, the Commission may require you to update your password. Further, or in the alternative, the Commission may suspend or limit the use of your account, refuse to provide services, and/or place a hold on any transactions. In the event the Commission reasonably believes that your actions affect other users or third parties, the Commission may warn such other users or third parties, including law enforcement. The Commission may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action.

User Rules of Conduct

You agree that you will not use the Website (a) in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or the Commission’s published policies; or (b) in a manner that is abusive of Commission programs or other information on the Website.

You covenant that any content published and listed shall not violate these Terms, as they may be amended from time to time, or any of the following, which constitute “Prohibited Items”:

  1. Be false, inaccurate or misleading;

  2. Be fraudulent or involve the sale of counterfeit, stolen or infringing items;

  3. Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  4. Violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, antidiscrimination, criminal activities or false advertising);

  5. Be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

  6. Be obscene or contain adult items, nudity or child pornography;

  7. Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  8. Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;

  9. Involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity;

  10. Be harmful or potentially harmful to the Commission’s server structure as determined in the Commission’s sole discretion, including without limitation overloading the Commission’s technical infrastructure;

  11. Create liability for the Commission or expose it to undue risk or otherwise engage in activities that the Commission, in its sole discretion, determines to be harmful to the Commission, its operations, reputation, or goodwill; and

  12. Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate these Terms;

The Commission may provide its users with chat rooms, forums, message boards and/or news groups. You acknowledge that any information disclosed in these areas becomes public information and you shall exercise caution when deciding to disclose your personal or business information.

Indemnification

You agree to defend, indemnify, and hold harmless the Commission from any and all liabilities, claims, losses, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. The Commission may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Commission in asserting any available defenses.

Copyright Policy

We may terminate an account, deny access to a site or service, or terminate any User’s access who is alleged to have infringed the copyright or proprietary rights of another.

Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

  • A description of the copyrighted work or other work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories;

  • Your address, telephone number, and email address;

  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

Kathy McKillip, Director

Nebraska Tourism Commission

301 Centennial Mall South

PO Box 98907

Lincoln, NE 68509-8907

kathy.mckillip@nebraska.gov

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

Accessibility Statement

Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

As a part of the Nebraska government, the Commission makes every effort to ensure accessibility for all users to the Website, including compliance with the State of Nebraska’s Technology Access Policy as adopted by the Nebraska Information Technology Commission and Section 508 accessibility standards. Please notify us should you find any deviations from these standards so we can resolve the matter. For your information, the State Technology Accessibility Standards may be viewed at: http://www.nitc.nebraska.gov/standards/2-101.html.

Links to Third Party Sites

This Website may contain links to third party sites. Access to any other Internet site linked to this Website is at the User’s own risk and the Commission is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The Commission provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Applicable Laws

User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

These Terms shall be construed by the laws of the State of Nebraska, without regard to its choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Douglas County, Nebraska shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and you irrevocably submit to the jurisdiction of such courts.

No Waiver

No delay or failure to require performance of any provision of these Terms shall constitute a waiver of the performance of such provision. Any waiver granted by a party must be in writing, and shall apply solely to the specific instance expressly stated. A waiver of any term or condition shall not be construed as a waiver of any other terms and conditions of these Terms, nor shall any waiver constitute a continuing waiver.

Entire Agreement

These Terms constitute the entire agreement between you and the Commission with respect to this Website and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

Contacting Us

If you have any questions or concerns about these Terms, please contact us at:

Email:

angela.white@nebraska.gov

Physical Mail:

Nebraska Tourism Commission

301 Centennial Mall South

PO Box 98907

Lincoln, NE 68509-8907