|
The following User Agreement ("Agreement")
governs the use of the Miamilivingmagazine.com online service and
magazine ("Service"). Please read the rules contained in
this Agreement carefully. Your use of and/or registration on any aspect
of the Service will constitute your agreement to comply with these
rules. If you cannot agree with these rules, please do not use the
Service. These rules may be modified from time to time; the date of
the most recent revisions will appear on this page. Continued access
of the Service by you will constitute your acceptance of any changes
or revisions to the Agreement. Your failure to follow these rules,
whether listed below or in bulletins posted at various points in the
Service, may result in suspension or termination of your access to
the Service, without notice, in addition to Service Provider's other
remedies.
RULES OF USAGE
1. Comments by Users Are Not Endorsed
by Service Provider
2. Use of the Service by You
3. Use of Material Posted by You
4. Copyright Complaints
5. Materials Provided by Others
6. Indemnification
7. Editing and Deletions
8. Additional Rules
9. Disclaimer of Warranty and Limitation of Liability
10. Termination
11. Jurisdiction
1. COMMENTS BY USERS ARE NOT ENDORSED
BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements
posted on forums or otherwise contained in the Service. Nor does Service
Provider or its third party service providers make any warranties
with respect to any of the merchandise featured or mentioned on the
Service. Any information or material placed online, including advice
and opinions, are the views and responsibility of those who post the
statements or those who actually sell any merchandise, and do not
necessarily represent the views of Service Provider or its third party
service providers.
2. USE OF THE SERVICE BY YOU:
Your right to use the Service is personal to you ó you may
not authorize others to use the Service, and you are responsible for
all use of the Service by you and by those you allow to use, or provide
access to, the Service. * The
Service is not intended for users under the age of 13, and Service
Provider does not knowingly collect personally identifiable information
from users under the age of 13. Such users are expressly prohibited
from submitting their personally identifiable information to us, and
from using our forums and chat areas; any information submitted by
such users will not knowingly be used, posted, or retained by us.
* You agree not to use any obscene,
indecent, or offensive language or to place on the Service any material
that is defamatory, abusive, harassing, or hateful. Further, you may
not place on the Service any material that is encrypted, constitutes
junk mail or unauthorized advertising, invades anyone's privacy, or
encourages conduct that would constitute a criminal offense, give
rise to civil liability, or that otherwise violates any local, state,
national or international law or regulation. You agree to use the
Service only for lawful purposes and you acknowledge that your failure
to do so may subject you to civil and criminal liability.
* You are responsible for ensuring
that any material you provide to the Service or post on a bulletin
board or forum, including but not limited to text, photographs and
sound, does not violate the copyright, trademark, trade secret or
any other personal or proprietary rights of any third party or is
posted with the permission of the owner(s) of such rights. Material
on the Service is for your personal use only. The Service contains
copyrighted and other proprietary information.
* You may not in any way make commercial
or other unauthorized use, by publication, re-transmission, distribution,
performance, caching, or otherwise, of material obtained through the
Service, except as permitted by the Copyright Act or other law or
as expressly permitted in writing by this Agreement, Service Provider
or the Service.
* You agree not to disrupt, modify
or interfere with the Service or its associated software, hardware
and/or servers in any way, and you agree not to impede or interfere
with others' use of the Service. You further agree not to alter or
tamper with any information or materials on or associated with the
Service.
* Other than connecting to Service
Provider's servers by http requests using a Web browser, you may not
attempt to gain access to Service Provider's servers by any means
- including, without limitation, by using administrator passwords
or by masquerading as an administrator while using the Service or
otherwise.
* You acknowledge that Service Provider
has not reviewed and does not endorse the content of all sites linked
to from this Service and is not responsible for the content or actions
of any other sites linked to from this Service. Your linking to any
service or site is at your sole risk.
3. USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information you
supply or communicate with the Service, please see our Privacy Policy.
By posting messages, uploading files, inputting data, or engaging
in any other form of communication through the Service, you grant
us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to use, reproduce, modify, adapt, translate, enhance, transmit,
distribute, publicly perform, display, or sublicense any such communication
(including your identity and information about you) in any medium
(now in existence or hereinafter developed) and for any purpose, including
commercial purposes, and to authorize others to do so.
4. COPYRIGHT COMPLAINTS:
Miamilivingmagazine.com respects the intellectual property of others,
and we ask our users to do the same. Miamilivingmagazine.com may,
in appropriate circumstances and at its discretion, terminate the
access of users, subscribers, and account holders who infringe the
copyright rights of others. Service Provider respects the intellectual
property of others, and we ask our users to do the same. Service Provider
may, in appropriate circumstances and at its discretion, suspend or
terminate the access of and take other action against users, subscribers,
registrants and account holders who infringe the copyright rights
of others. If you believe that your work has been copied and is accessible
on the Service in a way that constitutes copyright infringement, or
that the Service contains links or other references to another online
location that contains material or activity that infringes your copyright
rights, you may notify Service Provider by providing the following
information (as required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
sec. 512) to our copyright agent set forth below.
1. A physical or electronic signature
of person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; 2. Identification of the copyrighted
work claimed to have been infringed, or if multiple copyrighted works
at a single online site are covered by a single notification, a representative
list of such works at that site; 3. Identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Service Provider to
locate the material; 4. Information reasonably sufficient to permit
Service Provider to contact the complaining party, such as an address,
telephone number, and if available, an electronic mail address at
which the complaining party may be contacted; 5. A statement that
the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; 6. A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed by email: webmaster@miamilivingmagazine.com.
5. MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers
are not responsible, and shall have no liability to you, with respect
to any information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates this Agreement.
6. INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates, employees,
agents, representatives and third party service providers, and to
defend and hold each of them harmless, from any and all claims and
liabilities (including attorneys fees) which may arise from your submissions,
from your unauthorized use of material obtained through the Service,
or from your breach of this Agreement, or from any such acts through
your use of the Service.
7. EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to review,
edit, move or delete any material provided for display or placed on
the Service or its bulletin boards, in its sole discretion, without
notice.
8. ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time, additional
rules of usage that apply to specific parts of the Service. Such additional
rules will be posted in the relevant parts of the Service, and will
be clearly identified. Your continued use of the Service constitutes
your agreement to comply with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS
AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR
IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE
PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO
NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED
OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON
THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF
SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE,
YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE
ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU
HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
10. TERMINATION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate your ability to access
the Service, for any or no reason, without notice.
11. JURISDICTION:
Service Provider makes no representation that materials on the Service
are appropriate, available or legal in any particular location. Those
who choose to access the Service do so on their own initiative and
are responsible for compliance with local laws, if and to the extent
local laws are applicable. You agree that this Agreement, for all
purposes, shall be governed and construed in accordance with the laws
of the State of New York applicable to contracts to be wholly performed
therein, and any action based on or alleging a breach of this Agreement
must be brought in a state or federal court in New York, NY. In addition,
both parties agree to submit to the exclusive personal jurisdiction
and venue of such courts.
If you don't agree to the terms contained
in this Agreement, please exit the Service. Please click the Back
button on your browser to return to the previous page.
|
