Privacy & Copyright

PRIVACY STATEMENT AND TERMS OF USE

Explore Minnesota Tourism ("EMT") operates the ExploreMinnesota.com Web site (the "Web Site"). You may use this Web Site only if you comply with and agree to be bound by this Privacy Statement and Terms of Use (collectively, these "Terms of Use").

Please take a few minutes to review these Terms of Use before using the Web Site. By browsing, or otherwise using or contributing to the Web Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access, use, or contribute to the Web Site.

I.   PRIVACY STATEMENT

EMT is committed to maintaining a Web Site that protects the individual's right to privacy. We do not require personal information from our visitors, nor do we collect any personally identifying information (name, email address, Social Security number, or other unique identifier) unless you knowingly provide it.

E-mail Address Registration

In certain areas of the Web Site you may be prompted to provide an e-mail address. This information will only be used for the distribution of requested travel information, including but limited to, inquiries to travel counselors, e-newsletter subscriptions, custom travel planners, and for contacting winners of sweepstakes and contests. EMT does not sell e-mail addresses.

Other Information You May Provide to Us

You may decide to send us personally identifiable information and other information or materials through the Web Site, including by completion of on-line forms, entries to contests or sweepstakes, e-mail messages, or otherwise. All personally identifiable information you submit to us via such electronic communications will be managed in accordance with this Privacy Statement. We may use such information to provide you further information or services (e.g. to provide you with brochures or other requested information, or to process your entry into a contest), to improve our Web Site for you, or otherwise as applicable. We may share such information with third parties, including co-sponsors of any contests or sweepstakes featured on the Web Site. In addition, we use personally-identifying information from consumers in various ways to further our customer's protection and to provide better service.

Email Newsletters

We offer several free travel information email newsletters. There are many ways you may be subscribed to one or more of our newsletters: you explicitly asked to be subscribed to a newsletter; you gave us your email address when requesting travel information in the past, and told us you would like to receive travel information in the future; you signed up for a contest or sweepstakes, and agreed to receive travel information in the future; or other means.

Subscribing to any of our email newsletters requires positive confirmation from you by email, and options for unsubscribing from a newsletter are provided at the bottom of each newsletter.

Data Collection

To aid in Web Site management, certain information is collected for statistical and advertising purposes. EMT uses specialized software to create summary statistics, which are used for such purposes as assessing what information is of most and least interest to our customers, determining technical design specifications, and identifying system performance or problem areas. We may also collect information on what areas of our site you visit for future advertising purposes.

Information we collect about your visit may include:

  • the Web site from which you linked directly to our Web Site, if you have used another Web site to reach our Web Site
  • the IP address of the computer from which you connect to our Web Site
  • the operating system and Web browser you use to view our Web Site
  • the date and time you accessed our Web Site
  • the pages you visit during your visit to our Web Site
  • the searches you execute on our Web Site

We use the information we collect to measure the number of visitors to the different sections of our Web Site, allowing us to make our Web Site more useful and accessible to visitors, and for advertising purposes.

Cookies

Like many Web sites, exploreminnesota.com makes use of cookies, pieces of information stored on your computer which allow our Web servers to distinguish one visitor from another. We use cookies to allow you to use various personalization features of the Web Site that require registration; to obtain aggregate measures of users of our Web Site; and to promote more targeted advertising.

Disclosure of Information

We may share personal information collected through this Web Site (including without limitation information collected through your entry into sweepstakes or contests we may offer through this Web Site) with our affiliated organizations, and with selected third party marketing partners (including without limitation sponsors of various contests or sweepstakes offered through our Web Site), who may use it to contact you with information and offers they believe will be of interest to you. We also share personal information collected through this Web Site with third party vendors who act for us or on our behalf, for example, to help us run promotions or provide other support services. Our affiliates and our marketing partners may also share personal information with vendors who provide support services to them.

In addition, you acknowledge, consent and agree that EMT may access, preserve, and disclose your personal information and content posted by you to the Web Site: (i) if required to do so by law; (ii) to respond to claims that any content you have posted to the Web Site violates the rights of third-parties; (iii) to respond to your requests for assistance; (iv) to protect the rights, property, or personal safety of EMT, its users and/or the public; or (v) or in the event of a transfer of ownership of EMT, merger, or other similar transaction.

If you would prefer that we not share your personal information with our affiliated organizations or marketing partners, or if you do not wish to receive e-mail messages or U.S. mail from us or our partners, you may indicate this preference by sending an email to explore@state.mn.us (must include full name and address) or by writing us at Explore Minnesota Tourism, 121 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2144. Be sure to include in the request your full name and address and specifically indicate that you wish to be removed from the mailing list. We will use reasonable efforts to honor such requests. You must understand, however, that even if you "opt-out," you may still receive communications from our affiliated organizations or marketing partners, for example, if they initiated the communication before we received your "opt-out" request.

II. TERMS OF USE

These Terms of Use May Change

We are continually improving and adding to the features and functionality of the Web Site and the content we offer through the Web Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use, and we reserve the right to make any such modifications at any time, without prior notice, by posting the revised version of these Terms of Use of behind the link marked "Privacy" at the bottom of each page of the Web Site. Your continued use of or contributions to the Web Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking the link marked "Privacy" at the bottom of each page of the Web Site.

External links

  • We will link to external sites that help us perform our mission - "to promote and facilitate travel to and within the state of Minnesota."
  • Explore Minnesota Tourism provides links to individual tourism-related businesses and organizations within Minnesota. In addition, we reserve the right to provide links to external servers with whom Explore Minnesota Tourism is partnered or conducting promotional activities; or to sites that offer non-biased information that may be useful to those who travel in Minnesota.
  • Links to external servers do not imply any official Explore Minnesota Tourism endorsement of the opinions or ideas expressed therein, or guarantee the validity of the information provided. Links to commercial sites are in no way an endorsement of any vendor's products or services.
  • Links will be provided to external servers that are managed in a professional manner (i.e., it is fully operational, is available most of the time, does not serve inaccurate information or obscene graphics, etc.).
  • This server will not link to external servers if such a link would appear to provide an official endorsement of a commercial product or business.
  • All requests for links will be reviewed by Explore Minnesota Tourism's communications manager prior to approval.
  • Placement of any link is at the discretion of Explore Minnesota Tourism.

Because EMT has no control over such external sites and resources, you acknowledge and agree that EMT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EMT will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Accuracy or Endorsement

Information on businesses and organizations within www.exploreminnesota.com is provided by those organizations. Such information is not verified or endorsed by Explore Minnesota Tourism. Users of this information are encouraged to call individual businesses to verify prices, amenities, features, dates and all other important details before traveling. Additionally, Explore Minnesota Tourism provides links to Web sites which provide Minnesota travel information, but does not verify or endorse the content of any of those sites.

Copyright

All information on exploreminnesota.com is protected by copyright by Explore Minnesota Tourism. Individuals are granted permission to view or print information on this Web Site for travel planning or personal use, and may distribute this information to friends, family members or personal acquaintances for travel planning or personal use. Other uses of this information, including republication on the World Wide Web, in print publications, or in other formats/media, are not allowed without permission from Explore Minnesota Tourism.

Webmasters are welcome and encouraged to link to this Web Site from their own sites. Logos and suggested language for such links is available below.

Restrictions on using the Explore Minnesota Tourism logo

The Explore Minnesota Tourism logo is our official "trademark." Its use is reserved for official publications or other products of Explore Minnesota Tourism. Use of this logo without prior written approval is prohibited. Logos and suggested language for such links.

  • Special permission is required for any other use of Explore Minnesota logos. For permission contact Bob.Erler@state.mn.us.
  • You must include the Explore Minnesota logo graphic with registered trademark (®) symbol intact, or the text ExploreMinnesota.com® with registered trademark symbol intact.
  • You must describe the link as the Explore Minnesota Tourism travel information Web site, or words to that effect.
  • Contact James Riemermann at (651)757-1864 or james.riemermann@state.mn.us, with any questions.

Ownership of Web Site and Content

The Web Site, including all of the content on the Web Site is owned by EMT or by third parties who have licensed their copyrights to EMT. No right, title or interest in the Web Site or any content on the Web Site is transferred to you under these Terms of Use. With respect to content you submit to us, you grant us the non-exclusive, royalty free, perpetual, irrevocable, transferable, sublicensable, worldwide license to reproduce, distribute, perform, and display such content or any part thereof, in any and all media or form of communication whether now existing or hereafter developed. If you believe that any content on the Web Site infringes upon the intellectual property rights of yourself or any third party, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending notice in accordance with our Copyright Policy.

Ownership of Feedback

EMT welcomes your comments and feedback regarding the Web Site. All information and materials submitted to EMT through the Web Site, such as any comments, reviews, photos, feedback, ideas, questions, designs, data or the like (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to EMT through the Web Site, you assign to EMT, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. EMT will be entitled to use any Feedback you submit through the Web Site, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us through the Web Site, including, without limitation, their truthfulness and accuracy.

Right to Modify or Discontinue Site

EMT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that EMT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.

Disclaimer of Warranties and Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEB SITE AND ALL CONTENT THEREON OR PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITE IS AT YOUR SOLE RISK, AND THAT ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL EMT, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEB SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY YOU TO THE WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF EMT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EMT, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold EMT, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of these Terms of Use or the MFM Site Community Guidelines, or from any claims made by third parties arising out of your use of or posting to the Web Site, including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation with regard to Content created or submitted by you.

GENERAL TERMS

Security

Individuals using the Web Site must understand that the Internet is inherently insecure and no Web site operator can guarantee that a Web site is secure. EMT does not warrant that the Web Site is secure or "hackerproof"; you use the Web Site solely at your own risk.

Choice of Law and Forum

These Terms of Use and the relationship between you and EMT will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and EMT agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ramsey, Minnesota.

Waiver and Severability of Terms

All waivers must be in writing and signed in ink on behalf of EMT. The failure of EMT to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms of Use constitute the entire agreement between you and EMT and govern your use of the EMT Site, superseding any prior understandings or agreements between you and EMT. This Agreement may be amended or modified only as set forth above.

Effective Date: November 15, 2010