Terms and Conditions

Table of Contents
1. Introduction - Our Websites
2. Scope and Nature of Our Services
3. Use of Our Websites
4. Our Intellectual Property Rights
5. Your Intellectual Property Rights
6. Unauthorized Activities
7. Correspondence and Communication
8. Limited Liability
9. Disclaimer and Indemnity
10. Links
11. Governing Law, Arbitration, and Waiver
12. Modification of Terms
13. Privacy and Cookies
14. Your Feedback
15. Effective Date

1. Introduction - Our Websites
Thank you for your interest in Destination El Paso (“DEP”, “we,” or “us”), our websites: https://visitelpaso.com/, http://www.elpasolive.com/, http://icecreamfestep.com/, https://www.winterfestep.com/, and https://suncitycraftbeerfest.com/ (the “Sites”), downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals though from written or oral means, such as email or phone (collectively, together with the Site, our “Service”).

In the following document, you will receive information about Terms of Service for the following Sites, all owned and controlled by us:

Visit El Paso https://visitelpaso.com/
El Paso Live http://www.elpasolive.com/
El Paso Ice Cream Fest:  http://icecreamfestep.com/
WinterFest:  https://www.winterfestep.com/
Sun City Craft Beer Fest:  https://suncitycraftbeerfest.com/

This Policy is incorporated into, and is subject to, the DEP Privacy Policy, located here: https://visitelpaso.com/privacy-policy.

2. Scope and Nature of Our Services
The Sites provide the public with information on the city of El Paso, Texas including events, tours, conventions, hotels, and restaurants. User of the Sites can post events in the community calendar on the Visit El Paso https://visitelpaso.com/ website. The Media is provided with information on the city in a separate section including copyrighted photos owned by DEP.

3. Use of Our Websites
You may only use our Sites to learn more about the El Paso region and post events. You may only use and register to become a user of our Sites if you are at least 18 years old and can enter into binding contracts. If you become a registered User of our Sites, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of our Sites by you, anyone using your password and login information (with or without your permission). All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access our Sites), you must promptly change your Personal information that is affected.

If you decide to receive messages or other communications from our Sites directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from our Sites on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

You may not use our Sites to post any false, fraudulent or speculative events on our community calendar. By using our Sites, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission of DEP:
- access the site with any manual or automated process for any purpose other than your personal use or for inclusion of DEP pages in a search index. Use of any automated system or software to extract data from our Sites (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
- violate the restrictions in any robot exclusion headers on our Sites or bypass or circumvent other measures employed to prevent or limit access to our Sites;
- deep-link to any portion of our Sites for any purpose;
- use any device, software or routine that interferes or attempts to interfere with the normal operation of our Sites or take any action that imposes an unreasonable load on our computer or network equipment;
- reproduce, duplicate, copy, sell, trade, resell or exploit our Sites;
- use any feature of our Sites for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
- post or distribute any material on our Sites that violates the rights of any third party or applicable law;
- use our Sites to collect or store personal data about others;
- use our Sites for any commercial purpose unless we’ve given you written permission; or
- transmit any ad or promo materials on our Sites.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of our Sites. Further, you can always delete your account here. [LINK]

4. Our Intellectual Property Rights
We own all of the text, images, software, trademarks, service marks or other material contained on our Sites. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our Sites must appear on all copies you print. Other non-DEP product, service, or company designations on our Sites belong to those respective third parties and may be mentioned in our Sites for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to our Sites does not grant you any license or right to use any of the intellectual property, photos, text, and marks included on our Sites.

DEP exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of our Sites, including the look, feel, and infrastructure of our Platforms. You are not entitled to copy, scrape, hyper- or deep-link to, publish, promote, market, integrate, utilize, use our intellectual property including photos, images, and trademarks, combine or otherwise use the content or our brand without our express written permission. Any unlawful use or any of DEP’s intellectual property will constitute an infringement of our intellectual property rights.

5. Your Intellectual Property Rights
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Sites that violate another person’s intellectual property rights. If you believe that your intellectual property rights have been violated, please contact us at the address disclosed in Section 14 of this Agreement. We may, in appropriate circumstances and at our discretion, terminate service and/or access to our Sites for users who infringe the intellectual property rights of others.

6. Unauthorized Activities
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Sites.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Sites.
- Post anything contrary to our public image, goodwill, or reputation.

This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate access to your account, your ability to post to our Sites (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that DEP determines is inappropriate or disruptive to our Sites or to any other user of our Sites and/or Services. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at DEP’s discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on our Sites.

7. Correspondence and Communication
We disclaim any liability or responsibility for any communication through our Platforms. We cannot guarantee that any request or communication will be timely received/read by, complied with, executed, or accepted.

8. Limited Liability
To the extent permitted by law, we (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to our Sites, your downloading of any content from our Sites or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with any use of our Sites. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

9. Disclaimer and Indemnity
Our Sites, all content and services provided on our Sites are provided on an “as is” and “as available” basis. We expressly disclaim to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We do not guarantee the accuracy and content of User posted events on our community calendar.

You agree to indemnify and hold DEP and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) DEP or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of our Sites or the use of our Sites by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

10. Links
Our Sites may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to our Sites.

11. Governing Law, Arbitration, and Waiver
The Agreement will be construed and enforced in accordance with laws of the State of Texas, without regard to choice of law and conflicts of law principles.

You agree that by accepting the Terms, you and DEP are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES DEP OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE DEP (INCLUDING WITHOUT LIMITATION WITH RESPECT TO DATA, YOUR INTERACTION WITH THE DEP, DEP’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES DEP SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF SERVICE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY DEP INTELLECTUAL PROPERTY RIGHT.  CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE DEP’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If You intend to seek arbitration, You must first send to the DEP, by certified mail, a written Notice of Dispute (“Notice”). The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless DEP and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. 

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST DEP IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND DEP. ANY AND ALL DISPUTES DEP OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE DEP.

If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of our Sites and replace any prior understandings or agreements (whether oral or written) regarding your use of our Sites.

12. Modification of Terms
We may modify our Sites and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this Agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

13. Privacy and Cookies
We and our third party service providers may use a standard technology called a “cookie” to collect information about how you use our Sites. Cookies reside on your computer or mobile device and help the Sites recognize your browser as a previous visitor. On occasion our Sites may also set a “session cookie” which helps us administer our Sites. The session cookie expires when you close your browser and does not retain any information about you after it expires. If you do not want information collected through the use of cookies, you should be able to modify your browser preference to provide you with choices relating to cookies. If you choose to reject cookies, you may be unable to use certain Site services (e.g., those services that require you to log on to our Sites in order to participate).

14. Your Feedback
We encourage you to share your comments and questions with us at info@destinationelpaso.com, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future DEP products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of DEP. Further, by submitting Feedback you are granting us 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 Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

Our contact information:

Organization: Destination El Paso
Address: One Civic Center Plaza
City, State, Zip: El Paso, Texas 79901
Telephone: (915) 534-0600
Fax: (915) 534-0687
E-Mail: info@destinationelpaso.com

15. Effective Date
The effective date of this Privacy Policy is August 22, 2018.
Your continued use of our Sites after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.