Terms of Service

Last Updated: July 19, 2018

 

The following terms and conditions govern all use of the website located at AliveTampaBay.com and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Tampa Bay Publishing Inc. (“Tampa Bay Publishing“).

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tampa Bay Publishing’s Privacy Policy) and procedures that may be published from time to time on this Website by Tampa Bay Publishing (collectively, the “Agreement“).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services.

Permitted Users

To use the Website, you must be above the age of majority where you live (usually 18 or 19 years old); or at least 13 years old with parent/guardian consent to the Agreement (see below).  Any parent/guardian agreeing on behalf of a child over 13 agrees that the child’s use of the Website must be supervised by the parent/guardian, who is fully responsible for such use. Children under 13 may not use the Website and their parents/guardians cannot consent to this Agreement on their behalf.

Child Online Protection Act Notice

Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://www.getwise.org. The preceding link is provided for information purposes only. Tampa Bay Publishing is not affiliated with http://www.getwise.org and this is not intended as an endorsement of http://www.getwise.org Internet website, services, or policies.

Changes

Tampa Bay Publishing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tampa Bay Publishing may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Responsibility of Website Visitors

Tampa Bay Publishing has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tampa Bay Publishing does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Tampa Bay Publishing strives to meet appropriate journalistic and advertising standards and when notified will take reasonable steps to correct errors of fact in our content. The Website may contain content that could be viewed as offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that unintentionally violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tampa Bay Publishing disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Advertisements and Other Third-Party Websites

The Website may contain hyperlinks (for example, in advertisements displayed on the Website and in news articles) to websites operated by third parties and may be linked to by other websites or web pages. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which our Website links, and that link to our Website (collectively referred to as “Third-Party Websites”).

Any hyperlinks are provided for reference and convenience only and do not constitute endorsement or association of such Third-Party Websites in any way. Tampa Bay Publishinghas no control over Third-Party Websites and you agree that Tampa Bay Publishing is not liable for any Third-Party Websites, or their availability, content, security, privacy policies or any other aspect of their operation and you use such Third-Party Websites at your sole risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Unless expressly stated, Tampa Bay Publishing does not endorse or warrant the reliability, quality or accuracy of any products, services, or business practices of any other party advertised or relating to any Third-Party Websites. You are solely responsible for evaluating any content or advertisements, including accuracy, completeness or usefulness. Tampa Bay Publishing disclaims any responsibility for any harm resulting from your use of any Third-Party Websites. Tampa Bay Publishing may terminate such links at any time without notice.

Use Restrictions

You may only use the Website for personal and non-commercial purposes and you agree not to use the Website for any purpose that is prohibited by the Agreement or unlawful under applicable laws, rules or regulations.

You may make single copies of materials displayed on the Website for your own personal and non-commercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether free or for charge or consideration, without prior written permission from Tampa Bay Publishing or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be directed to Tampa Bay Publishing by using the “Contact Us” link at the bottom of the Website home page.

You agree not to use or help others use the Website for any purpose or in any manner that is prohibited by the Agreement, or by applicable laws, regulations, rules or ordinances, including any export controls.

You agree not to misuse the Website, including by interfering with it or accessing it using a method other than the Tampa Bay Publishing-provided interface. While using the Website, you shall not:

  • access, tamper with, or use non-public areas of the Website, Tampa Bay Publishing’s computer systems, or the technical delivery systems of its providers;
  • probe, scan, or test the vulnerability of any system or network;
  • breach or circumvent any security or authentication measures;
  • access, scrape or search, or attempt to access, scrape or search, the Website by any means (automated or otherwise) other than through the currently available Tampa Bay Publishing-provided interface (and pursuant to the applicable terms and conditions), unless expressly permitted under separate written agreement with Tampa Bay Publishing;
  • use or cause to be used any “Internet robots,” “web spidering,” “offline readers,” or other automated systems to access the Website in an excessive manner or to send requests or messages to the Website at a much higher rate than would be possible for a human alone;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Website to send altered, deceptive or false source-identifying information; or
  • interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content or other material for use in such a manner as to interfere with or create an undue burden on the Website.

Violations of Website or network security may result in civil or criminal liability. Tampa Bay Publishing will investigate occurrences that may involve violations of the use of the Website and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other persons who are involved in any violations of the use of the Website.

Tampa Bay Publishing reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tampa Bay Publishing, its users and/or the public.

Intellectual Property

This Agreement does not transfer from Tampa Bay Publishing to you any Tampa Bay Publishing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tampa Bay Publishing. Tampa Bay Publishing, AliveTampaBay.com, the AliveTampaBay.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Tampa Bay Publishing or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tampa Bay Publishing or third-party trademarks.

Termination

Our Website may change from time to time, at our discretion, as we modify or add features. Tampa Bay Publishing may stop (permanently or temporarily) providing any features within the Website to you or to users generally. Tampa Bay Publishing reserves the right to suspend or stop offering the Website or any part thereof at any time, with or without cause, and with or without notice.

Tampa Bay Publishing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

Your access to and use of the Website or other materials are at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Released Parties” refers to Tampa Bay Publishing, its related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Released Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; and (iii) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Released Parties or through the Website, will create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT; OR (iii) ANY CONTENT OR OTHER MATERIALS OBTAINED FROM THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TAMPA BAY PUBLISHING, IF ANY, IN THE PAST SIX MONTHS FOR THE WEBSITE GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.

General Representation and Warranty

You represent and warrant that your use of the Website will (a) be strictly in accordance with this Agreement, including the Privacy Policy, and with all applicable laws, rules and regulations (including without limitation any national, state, provincial, local or other laws or regulations where you reside or access the Website, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (b) not violate or infringe upon rights, including the intellectual property rights) of any other person or entity.

Indemnification

You agree to indemnify and hold harmless Tampa Bay Publishing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

Entire Agreement

This Agreement constitutes the entire agreement between Tampa Bay Publishing and you concerning the subject matter hereof and it may only be modified by a written amendment signed by an authorized representative of Tampa Bay Publishing, or by the posting by Tampa Bay Publishing of a revised version.

Governing Law/Venue

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hillsborough County, Florida.

Arbitration

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS“) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tampa, Florida, in the English language and the arbitral decision may be enforced in any court.

Attorney’s Fees

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Severability

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

Waiver

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tampa Bay Publishing may assign its rights under this Agreement without condition.

Binding

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Greg C. Truax - Publisher

David R. Wheeler - Contributing Editor

Joe Registrato - Contributing Editor

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