Terms & Conditions

Assent to Agreement
BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

This website may be used for personal and non-commercial informational purposes only. If the user is not an individual, then "you" means your company, its officers, members, agents, successors, and assigns.

Restrictions on Use
Except as otherwise permitted in writing by VisitNPR, no materials from the VisitNPR site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the VisitNPR site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the VisitNPR site for public or commercial purposes, including any text, images, audio, or video without VisitNPR's written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VisitNPR without express written consent. You may not use any meta tags or any other "hidden text" using VisitNPR's name or trademarks without the express written consent of VisitNPR. Any unauthorized use terminates the permission or license granted by VisitNPR. If you operate a website and wish to link to the site, Your website may link only to the site's home page at www.VisitNPR.com and not to any other portion of the site, unless otherwise negotiated directly with VisitNPR. VisitNPR reserves the right to reject or terminate any links to the Content at any time for any reason.

Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of VisitNPR or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and VisitNPR owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of VisitNPR or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.

Limited License
VisitNPR grants you a limited, nonexclusive, non-transferable personal license to access, display, and copy the Materials on the VisitNPR website for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.

Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from VisitNPR for any purpose.

Disclaimer of Warranties
You expressly agree that use of the VisitNPR site is at your sole risk. Neither VisitNPR, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the VisitNPR site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the VisitNPR site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, VisitNPR does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. VisitNPR reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. VisitNPR may make any other changes to the site and you understand the site content such as products, programs, dates, times, services and/or prices (if any) described in the site are subject to change at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY VISITNPR ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. VISITNPR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE VISITNPR.COM SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. VISITNPR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE VISITNPR SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE VISITNPR SITE OR YOUR USE OF THE VISITNPR SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.

Limitation of Liabilities
YOU AGREE THAT VISITNPR AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE VISITNPR SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL VISITNPR OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE VISITNPR.COM SITE, YOUR USE OF, OR INABILITY TO USE, THE VISITNPR SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VISITNPR OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. If, however, despite the exclusions contained in this agreement, VisitNPR should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site, the VisitNPR’s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to the VisitNPR for the services and/or data with respect to which liability is found.

Discussion Areas
VisitNPR may operate discussion areas in a good faith attempt to foster open communication via the Internet. VisitNPR requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. VisitNPR reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; VisitNPR does not necessarily support or endorse any such views. Furthermore, VisitNPR is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.

Indemnification
You agree to indemnify, defend, and hold harmless VisitNPR, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys' fees and costs, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

Privacy
See VisitNPR's Privacy Policy.

Dispute Resolution
Any dispute relating in any way to your use of the VisitNPR site shall be submitted to confidential arbitration in New Port Richey, Florida, except that, to the extent you have in any manner violated or threatened to violate VisitNPR's intellectual property rights, VisitNPR may seek injunctive or other appropriate relief in any state or federal court in Pasco County, Florida and you consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.

Term and Termination
Without limiting its other remedies, VisitNPR may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.

Hyperlink Disclaimers
As a convenience to you, VisitNPR may provide, on this site, links to websites operated by other entities (collectively the "Linked Site"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by VisitNPR. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by VisitNPR. VisitNPR does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by VisitNPR. Links do not imply that VisitNPR or this site sponsors, endorses, is affiliated or associated with, or its legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of VisitNPR or any of its affiliates or subsidiaries. Except for links to information authored by VisitNPR, VisitNPR is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. VisitNPR reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web master of any Linked Sites concerning any information, goods and/or services appearing thereon.

Choice of Law and Venue
The site is controlled, operated and administered from New Port Richey, Florida, United States of America. VisitNPR makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of US export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Florida, without giving effect to its conflict of law’s provisions. This is the case regardless of whether you reside or transact business with VisitNPR in Florida or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Pasco County, Florida.

Entire Agreement
This Agreement constitutes the entire agreement between VisitNPR and you with respect this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and VisitNPR with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to Agreement
VisitNPR may revise the Agreement at any time and you agree to be bound by the revised Agreement. You agree to regularly review this Agreement (no less than monthly) to review the most current terms and conditions. VisitNPR reserves the right in its discretion to change these Terms of Use at any time and your continued use of the Site thirty (30) days after the posting of any amended Terms of Use shall constitute notice as well as your agreement to be bound by any such changes. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by VisitNPR. VisitNPR reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the earlier of (30) days after the posting of any amended Terms of Use or your purchase and/or download of any material or content published directly or indirectly on the site.

Severability
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Customer Photo and Video Sharing Terms of Use

These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by VisitNPR (the "CPVS Service").

By submitting any content to VisitNPR, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
• you have obtained any and all necessary permission, consent, and/or release from all persons appearing in your content to submit such person's likeness in accordance with these terms

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
• that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant VisitNPR a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that VisitNPR shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against VisitNPR with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the applicable governing laws of Florida or the United States.

Any content that you submit to VisitNPR may or may not be published or used by VisitNPR. VisitNPR reserves the right to edit, condense or delete any submitted content that is ultimately posted on VisitNPR's website if VisitNPR deems, in its sole discretion, that such content violates these Terms of Use VisitNPR does not guarantee that you will have any recourse through VisitNPR to edit or delete any content you have submitted. VisitNPR may also need to provide disclosures with respect to any content submitted and published by VisitNPR. VisitNPR reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not VisitNPR, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of VisitNPR, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

VISITNPR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND VISITNPR.COM DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

Under no circumstances shall VisitNPR and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if VisitNPR has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

You agree to indemnify and hold VisitNPR (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Together Mobile, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

These Terms of Use and their enforcement shall be governed by the laws of the Florida, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Florida and further agree that any cause of action arising under these Terms of Use may be brought in a court in New Port Richey, Pasco County, Florida, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

VisitNPR Media Gallery License Agreement (“Agreement”)

VisitNPR owns a significant amount of intellectual property including but not limited to copyrights, trademarks, logos, images, taglines, photos, and videos. VisitNPR also licenses intellectual property from others for use in accordance with such licenses. Collectively, the intellectual property owned and/or licensed by VisitNPR shall be referred to as “VisitNPR Material”. Third parties (each, a “Requestor”) may request that VisitNPR provide one or more of the VisitNPR Material for the Requestor’s use in accordance with this Agreement. VisitNPR may, in its sole discretion, grant or deny such request. All Requestors granted access to VisitNPR Material must comply with the terms of this Agreement.

General Restrictions on Use of VisitNPR Material

VisitNPR Material may only be used as approved by VisitNPR in its sole discretion. Such approval may be revoked by VisitNPR at any time and for any reason.
VisitNPR Material may only be used to market and promote New Port Richey as a destination.
VisitNPR Material may not be used in connection with anything obscene, scandalous, libelous, or unlawful, or in any way that may disparage, humiliate, or otherwise harm VisitNPR, the New Port Richey destination, or VisitNPR’s licensors, members, and partners, or their products and services.
VisitNPR Material may not be used in any manner that could imply that VisitNPR is endorsing or promoting Requestor’s products or services, or the products or services of any third party.
VisitNPR Material may not be reproduced on/in:
- Any item that is made available for resale
- Any item of clothing, maps, specialty items, promotional items, and the like
- Sales and marketing materials, including internet sites, unless express written permission is provided by VisitNPR
VisitNPR Material may not be altered in any way and must be used in its entirety unless express written permission is provided by VisitNPR. All watermarks, trademark and copyright notices on VisitNPR Material, including the VisitNPR logo, if any, must remain intact.

Specific Usage Restrictions

There may be specific usage restrictions that come with the VisitNPR Material. Requestor shall comply with all such restrictions, which may include geographic, time, attribution, and other requirements. Any specific usage restrictions pertaining to the VisitNPR Material shall be deemed a material part of this Agreement.

Member Use of VisitNPR Name/Logo

Members of VisitNPR may identify themselves as members by using their name or logo, followed by the words “member of” and the VisitNPR logo or name. The VisitNPR logo or name must appear in a smaller, less dominant position and type size than the Member’s name or logo. Requestors who are not VisitNPR members may not use VisitNPR Material to imply membership with VisitNPR.

Indemnification

Requester shall defend, indemnify, and hold harmless VisitNPR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “VisitNPR Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to Requestor’s violation of this Agreement or Requestor’s use of the VisitNPR Material.

To be clear, this indemnification incudes, but is not limited to, Requestor’s obligation to indemnify the VisitNPR Indemnified Parties for any claims based on Requestor’s use of the VisitNPR Material in any way, including but not limited to Requestor’s violation of any specific usage restrictions provided with the VisitNPR Material, or any copyright, right of publicity, or other intellectual property right.

Ownership

All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the VisitNPR Material is and shall remain the sole property of VisitNPR or its licensors, as applicable.

No Warranties

VisitNPR provides no warranty whatsoever with respect to the VisitNPR Material.

Permission

By accepting this Agreement and using the VisitNPR Material, Requestor represents and confirms that Requestor has read this Agreement in its entirety and agrees to its terms and conditions. Subject to any prior approval requirements set forth herein, Requestor may use selected VisitNPR Material on a one-time, non-transferable, non-sublicensable, revocable, non-exclusive basis, solely in accordance with and conditioned upon Requestor’s compliance with this Agreement and any additional usage restrictions provided to Requestor. No other use may be made of the VisitNPR Materials except as set forth herein and as provided with the VisitNPR Material itself. Any re-use of the VisitNPR Material in a different edition, version, program, or work requires the prior written approval of VisitNPR. VisitNPR may terminate any or all licenses for any or all VisitNPR Material at any time with or without cause by providing notice to Requestor. Upon termination of the license, Requestor shall immediately cease use of the VisitNPR Material and destroy all copies of VisitNPR material in its possession.

Terms and Conditions updated 8/22/2023