VisitRapidCity.com Terms of Use
These Terms of Use (the "Terms of Use") apply to all online visitors to www.VisitRapidCity.com (“Site”). These Terms of Use govern your access to and use of the Site, including any Content (defined below), functionality, and services offered on or through the Site. By using the "Site, you ("you") accept and agree to be bound and abide by the terms and conditions in these Terms of Use between you and Visit Rapid City (hereinafter, "VisitRapidCity.com"). If you do not agree to these outlined terms and conditions (the "Terms of Use"), discontinue use of the Site.
Changes to Terms of Use
VisitRapidCity.com reserves the right to make any changes to these Terms of Use and/or our Privacy Policy, contained herein, without prior notification to you. You are expected to check this page and should re-read these Terms of Use and Privacy Policy from time to time to stay informed of any changes. If we make changes to our Terms of Use and/or Privacy Policy and you continue to use our Site, you are agreeing to the Terms of Use and Privacy Policy expressed herein. If you have any questions about these Terms of Use , contact us at admin@visitrapidcity.com.
Use, Restrictions, and Term
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that VisitRapidCity.com, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site, or any Content (defined below) contained on the Site. VisitRapidCity.com may terminate your use of the Site, delete any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 18 year of age or violate these Terms of Use. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Ownership of the Site, Content, and Trademarks
The Site is owned and controlled by VisitRapidCity.com and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, photographs, and video clips and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the "Content"), are owned, controlled, and/or licensed by VisitRapidCity.com. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from VisitRapidCity.com unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, distribute, display, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of VisitRapidCity.com and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.
Third Party Links/Sales
In describing and portraying third party vendor products, rooms, menus, activities, and other items for rent and/or sale on the Site, we attempt to be as accurate as possible. However, we do not warrant that the descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability from time to time without prior notice. The Site contains links to websites and other resources operated by third parties other than VisitRapidCity.com. Such links are provided solely as a convenience to you. VisitRapidCity.com does not control such websites and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties, including their privacy policies regarding use of your information. Please verify all information through the third-party vendor prior to making any purchases, including reserving any accommodations. VisitRapidCity.com has no control over your interactions with third party vendors who advertise through the Site. Any disputes with these third-party vendors over products purchased must be handled directly with these vendors. Payment for all products, rooms, meals, activities and other items listed on the Site is processed by the third party through whom you purchase the product, room, meal, activity and/or other items. All sales, including sales of accommodations, are directly from those vendors. Please refer the respective site that is processing your payment for information regarding the use of any personal information you submit through its site and the vendor's refund policy.
User Communications
By submitting any material to this Site ("User Communications"), including, but not limited to, information, suggestions, photos, questions, comments or other communication, you warrant that such content is original to you and that you own all applicable legal rights in such content. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted VisitRapidCity.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material for any commercial or non-commercial purpose. You agree that VisitRapidCity.com shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any User Communications that you make. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to VisitRapidCity.com to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalf.
Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, VisitRapidCity.com reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
Warranties and Disclaimer
You understand that VisitRapidCity.com cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, VISITRAPIDCITY.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VISITRAPIDCITY.COM NOR ANY PERSON ASSOCIATED WITH VISITRAPIDCITY.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER VISITRAPIDCITY.COM NOR ANYONE ASSOCIATED WITH VISITRAPIDCITY.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, VISITRAPIDCITY.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, VISITRAPIDCITY.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Copyright, Trademark, and Intellectual Property Complaints
VisitRapidCity.com respects the intellectual property rights of others. You may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When VisitRapidCity.com receives notification that material on our Site violates someone's intellectual property rights, VisitRapidCity.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another's rights and terminates the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at admin@VisitRapidCity.com for more information on how to report infringement of your copyright.
Indemnification
You agree to defend, indemnify, and hold harmless the VisitRapidCity.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Communications, any use of the Site’s Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Privacy Policy
VisitRapidCity.com has established this privacy policy to explain to you how your information is protected, collected, and used. VisitRapidCity.com may update this policy at any time. VisitRapidCity.com will provide notice of materially significant changes to this privacy policy by posting a notice on the VisitRapidCity.com site.
South Dakota Open Records Act
If you submit comments, questions, or other information to Visit Rapid City using e-mail or any of the "comments" forms on this website, including submitting for travel guides, lodging information, or dining information, you should be aware that the information provided is public information and will be disclosed to any individual upon request pursuant to the South Dakota Open Records Act. You should be aware that no information specific to you is collected on the VisitRapidCity.com site except as provided herein.
Use of Site by Minors
VisitRapidCity.com does not knowingly collect any information from persons under the age of 18 years of age or who cannot legally enter a binding agreement. If you are under 18, do not use or provide any information on this Site.
Protecting Your Privacy
VisitRapidCity.com is regulated under the South Dakota Open Records Act. Therefore, VisitRapidCity.com may be required to release any and all information you submit to VisitRapidCity.com. However, VisitRapidCity.com will not share your personal information with any third parties except as required under the South Dakota Open Records Act without your consent unless otherwise stated in this Privacy Policy.
VisitRapidCity.com, or people who post on VisitRapidCity.com, may provide links to third-party websites, which may have different privacy practices. VisitRapidCity.com is not responsible for, and does not have any control over, the privacy policies of those third-party websites, and encourages all users to read the privacy policies of each and every website visited.
Data VisitRapidCity.com Collects
VisitRapidCity.com may collect your name, email address, physical address, phone number, and information about your lodging requests if you are requesting lodging information. VisitRapidCity.com will provide the information you submit to the lodging partners who work with the Site. Once your information is released to them, you must deal with them directly regarding their privacy policies. As the lodging properties vary from time to time, you agree and acknowledge that VisitRapidCity.com cannot provide you with a list of lodging partners prior to submittal. If you do not want your information shared with our lodging partners, please do not submit a request for lodging information to VisitRapidCity.com.
VisitRapidCity.com may collect your name, email address, physical address, phone number, and information about your event requests if you are requesting event information. If you request event information, VisitRapidCity.com will provide the information you submit to the event partners who work with the Site. Once your information is released to them, you must deal with them directly regarding their privacy policies. As the event partners vary from time to time, you agree and acknowledge that VisitRapidCity.com cannot provide you with a list of event partners prior to submittal. If you do not want your information shared with our event partners, please do not submit a request for event information to VisitRapidCity.com.
VisitRapidCity.com may collect your name, email address, physical address, and phone number if you are requesting a visitor's guide. This information is used for the purpose of sending you information about Rapid City. If you request information from our partners, you may receive additional information from third parties. If you request to receive such information, VisitRapidCity.com will provide the information you submit to our partners who work with the Site. Once your information is released to them, you must deal with them directly regarding their privacy policies. As our partners vary from time to time, you agree and acknowledge that VisitRapidCity.com cannot provide you with a list of partners prior to submittal. If you do not want your information shared with our partners, please do not request information from our partners.
VisitRapidCity.com may collect your name, email address, physical address, and phone number if you are requesting information concerning group gatherings. This information is used for the purpose of sending you information about Rapid City. If you request information from our partners, you may receive additional information from third parties. If you request to receive such information, VisitRapidCity.com will provide the information you submit to our partners who work with the Site. Once your information is released to them, you must deal with them directly regarding their privacy policies. As our partners vary from time to time, you agree and acknowledge that VisitRapidCity.com cannot provide you with a list of partners prior to submittal. If you do not want your information shared with our partners, please do not request information from our partners.
VisitRapidCity.com sometimes collects your email address, for purposes such as sending email newsletters and information about Rapid City. By submitting your email to VisitRapidCity.com, you consent to emails from VisitRapidCity.com.
VisitRapidCity.com sometimes collects your phone number for the purpose of calling you about Rapid City. By submitting your phone number to VisitRapidCity.com, you consent to phone calls from VisitRapidCity.com, even if such number is registered through a state or federal "Do Not Call" list.
VisitRapidCity.com may collect personal information if you provide such information in feedback or comments on VisitRapidCity.com or if you contact VisitRapidCity.com directly. Any information posted on the site is not confidential. Please do not post anything on VisitRapidCity.com that you would like to keep private.
VisitRapidCity.com's web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help VisitRapidCity.com diagnose problems with our server, to administer the VisitRapidCity.com site, and to otherwise provide VisitRapidCity.com's products and service to you. In addition, VisitRapidCity.com may collect other information from your interaction with our Site, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address, demographic and navigational data, and standard web log information. This information may be obtained for VisitRapidCity.com from a third-party provider. VisitRapidCity.com may use this information for marketing, commercial, or any other purpose as VisitRapidCity.com sees fit.
Location Data Collection
Our applications may collect and use precise location data, including the real-time geographic location of your device, to enhance your experience and provide location-based services. This data is collected only with your explicit consent, which you can provide through the app settings or device permissions. We use this data to improve app functionality, deliver relevant content, and optimize services such as personalized recommendations and location-based features.
Location data is stored and processed in accordance with our Privacy Policy and applicable laws. You have the right to enable or disable location data collection at any time through your device settings. Disabling location services may limit certain functionalities of the app. By using our app, you agree to the collection and use of location data as described in this section.
Data VisitRapidCity.com Stores
All information posted to this site is stored in VisitRapidCity.com's database, even after "deletion", and may be archived elsewhere.
VisitRapidCity.com's web logs and other records are stored indefinitely. This may include any information you supply to VisitRapidCity.com and your browsing history. However, VisitRapidCity.com cannot guarantee access to these records by third parties for more than seven business days after the original information was submitted unless required under the South Dakota Open Records Act.
VisitRapidCity.com may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.
Archiving and Display of VisitRapidCity.com Webpages by Search Engines and Other Sites
Search engines and other sites not affiliated with VisitRapidCity.com - including Bing.com, Google.com, and Yahoo.com - archive or otherwise make available VisitRapidCity.com's web pages. VisitRapidCity.com has no control over third party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.
Circumstances in Which VisitRapidCity.com May Release Information
VisitRapidCity.com may disclose information about you if required to do so by law or in the good-faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
VisitRapidCity.com may disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third parties; or protect the rights, property, or personal safety of VisitRapidCity.com, its users, or the general public.
VisitRapidCity.com may disclose your information to third parties for use by VisitRapidCity.com. This may include disclosure to email marketing providers to provide targeted marketing for our users. If you do not wish to receive email marketing from VisitRapidCity.com, you will have the option to unsubscribe from the service; however, VisitRapidCity.com has no control over the use of your email address once it is released to any VisitRapidCity.com partners or third parties.
VisitRapidCity.com may disclose your information to other business entities, should VisitRapidCity.com plan to merge with or be acquired by that business entity.
Data Security
VisitRapidCity.com has implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information depends, in part, on you. Where VisitRapidCity.com has given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. VisitRapidCity.com asks you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although VisitRapidCity.com acts reasonably to protect your personal information, it cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. VisitRapidCity.com is not responsible for circumvention of any privacy settings or security measures contained on the Site.
International Users
VisitRapidCity.com welcomes international users to browse the site (“International Users”). International Users consent to all the Terms of Use and this Privacy Policy. International users waive any and all remedies that they may have based on the laws of their country.
Miscellaneous
No action taken pursuant to these Terms of Use, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach.
If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of South Dakota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and VisitRapidCity.com. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Pennington County, South Dakota, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of South Dakota.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and VisitRapidCity.com regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.