This website is owned and operated by MICCOSUKEE MAGAZINE TV and this document sets forth the policies of MICCOSUKEE MAGAZINE TV (hereinafter referred to as “the Site”). In the event you have any problems or objections or if you do not agree to these policies or terms referenced in this Agreement, you should not utilize this Site. Before you utilize our Site You must read and accept all of the terms and conditions in this Agreement. You may only use the Site and services in compliance and agreement with the Terms of this Agreement as well as all local, state, national and international laws, rules, ordinances and regulations. We reserve the right in or sole and absolute discretion to refuse, suspend, or terminate service to anyone.
By using or accessing this website, You signify acknowledgment and assent to the terms and conditions of use (“Terms”) set forth below. Accessing this website in any manner, whether automated or otherwise, constitutes use of the website and Your agreement to be bound by these Terms. We may revise these Terms at any time by updating this posting, and Your use afterwards signifies Your acceptance of the changed Terms. Please check these Terms periodically for changes. Before You utilize this Site, You must read and accept all of the terms and conditions of this Agreement.
Limited License to You
This website and all the materials available on the website are the property of Us and/or Our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, images, information, graphics, underlying software, displayed on or available from this website, are protected by copyright, trademark and other intellectual property laws and are available for Your personal use only. In connection with viewing and using this website, You are permitted to temporarily download onto a single computer and/or print one copy of the materials posted on this website for Your personal, non-commercial use only, provided that You keep intact all copyright and other proprietary notices.
You may not copy, modify, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website unless expressly provided for in these Terms or with our express written permission. For information about requesting permission to reproduce or distribute materials from the website, contact Miccosukee Magazine TV, 1750 Northwest South River Drive, Miami, Florida 33125. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content of images to You and such information, content or images may be used solely in accordance with these Terms.
Your License to Us
By posting or submitting any material (including, without limitation, photos and videos) to Us via this website, You are representing: (i) that You are the owner of the material, or are making Your posting or submission with the express written consent of the owner of the material; and (ii) that You are thirteen years of age or older. In addition, when You submit or post any material, You are granting Us, and anyone authorized by Us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, mow known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, patent or other intellectual property law under any relevant jurisdiction. Also, in connection with the exercise of such rights, You grant Us, and anyone authorized by Us, the right to identify You as the author of any of Your postings or submissions by name, email address or screen name, as We deem appropriate.
YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY INFORMATION AND CONTENT YOU PROVIDE TO US WILL BE MADE PUBLIC AND WILL BE VIEWED BY OTHERS USING OUR SITE. THE INFORMATION YOU PROVIDE TO US IS INFORMATION THAT YOU AGREE CAN BE PUBLIC. THEREFORE, YOU SHOULD ONLY PROVIDE INFORMATION AND CONTENT THAT YOU ARE AWARE WILL BE SHARED WITH OTHERS USING OUR SITE. FURTHERMORE, YOU ARE RESPONSIBLE FOR ANY CONTENT YOU POST ON OUR SITE AND YOU WILL BE RESPONSIBLE FOR THE CONSEQUENCES OF SAME.
DISCLAIMER OF LIABILITY: THE USER OF OUR SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS AND THE INTERNET GENERALLY. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THIS SITE. WE WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEY OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 UNITED STATES DOLLARS.
USE OF SITE: You absolutely agree, represent and warrant that You will use our Site only for lawful purposes and in a lawful and responsible manner. You further absolutely agree, represent and warrant that You will not use or engage in any of the following:
register under a false name or use an invalid or unauthorized email or physical address;
impersonate another user or participate in projects under a false name;
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and grant us all of the license rights under this Agreement;
violate any laws, third party rights, or our rights;
distributed viruses or any other technologies that may harm us, or the interests or property of our users;
copy, modify, or distribute content from the Site and/or our copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display anycontent (other than content You have submitted to us), from the Site without our prior express written permission and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
RESERVATION OF RIGHTS: We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop Your use of our Site in order to prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.
CODE OF CONDUCT: We want our Site to be a positive, constructive, and creative environment for the public and those who love art, culture, history, and the environment. Users agree to use the Site in accordance with these beliefs. The Site reserves the right to suspend and/or delete users that engage in behavior that is objectionable or incompatible with the goals of the Site.
Users agree not to use the Site to upload, post, email, transmit or otherwise make available any content that the Site, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload submissions that users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another user; or, use or attempt to use another user’s account, service or system without prior written authorization from the Site, or create a false identity on the Site.
NO ENDORSEMENT: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by the Site nor do Your comments reflect, state, represent or acknowledge the opinions of the Site.
The Site has the right to terminate user’s access to this service at any time without notice. The Site reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. The Site has the right to modify these terms and conditions at any time. This Agreement will be governed by the laws of the United States of America. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using this service or the materials.
WARRANTY DISCLAIMER: YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE “AS IS.” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, ON ANY ISSUE OR MATTER INCLUDING THE ACCURACY OF THE POSTING MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
PROPRIETARY RIGHTS: You are the creator of any materials that You post on the Site and that no part of same will be an imitation or copy of, or will infringe upon any other material, or will violate or infringe upon any common law or statutory rights of any third party or entity, including rights relating to defamation, contractual rights, copyrights, trade secret rights, and rights of privacy or publicity. All right, title and interest in and to the Site and any material posted thereon by Site itself or any third party, as well as all intellectual property rights embodied in or pertaining to the Site or the intellectual property of any third party, shall be the sole and exclusive property of the Site and/or the third party person, firm or company posting such material on the Site free and clear of any and all rights and claims whatsoever by You, or any other person, firm or corporation. You will not obtain any rights, title or interest in the subject intellectual property of the Site or any third party and You will retain absolutely no right, title or interest in and to same.
LIMITATION OF LIABILITY: THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OF THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSION OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
RELEASE OF LIABILITY: You will not hold the Site, its officers, directors, employees or agents responsible for other users’ actions or inactions, including their posts. The Site does not guarantee the quality, safety or legality or the truth or accuracy of postings or member information or the qualifications, background, or abilities of members.
if You have a dispute with another member, You release the Site (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code § 1542 (and any analogous law in any other applicable jurisdiction), which says: “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 debtor.” You further acknowledge that this waiver is an essential and material term of this Agreement.
This Site is controlled and offered by us from facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access the Site form other jurisdictions do so at their own choice and are solely responsible to comply with local law.
INDEMNITY; You agree to defend, hold harmless and indemnify the Site, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorney’s fees), incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with Your use of the Site; or (b) resulting from (i) Your use of the Site,; (ii) Your decision to include personal and Your financial information on the Site, (iii) Your decision to submit postings and accept contact from others; (iv) any breach of contract or other claims made by members with which You interact through the Site; (v) Your breach of any provision of this Agreement; (vi) any negligent or intentional wrongdoing by any member; and/or (vii) Your obligations to another member. This defense and indemnification will survive this Agreement and Your use of the Site.
WAIVER AND SEVERABILITY: The failure of the Site to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these terms will remain in full force and effect.
CONTROLLING LAW & JURISDICTION: This Agreement will be governed by the laws of the State of Florida, and the validity, interpretation and legal effect of same shall be governed by the laws of the State of Florida. The Florida courts (state and federal), only, will have jurisdiction of any controversies regarding this Agreement; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere.
ENTIRE AGREEMENT: These Terms are the entire and exclusive agreement between the Site and You regarding the services (excluding any services for which You have a separate agreement with the Site that is explicitly in addition or in place of these Terms), and these Terms, conditions and rules supersede and replace any prior agreements between the Site and You regarding the services.
The Site may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify You by posting the revisions to the Terms and Conditions. By continuing to access or use the services after those revisions become effective, You agree to be bound by the revised Terms.
TheseservicesareoperatedandprovidedbyMiccosukeeMagazineTV,1750NorthwestSouthRiver Drive, Miami, Florida 33125. If You have any questions about these Terms, please contact is.
INFORMATION COLLECTED: The Site will only have access to and collect information that You voluntarily provide to Us. This information is collected in part when You register on the Site or information You forward to Us.
USE OF THE INFORMATION: The Site utilizes Your information to understand Your needs and to provide our services to You. The information is utilized for the following purposes: internal record keeping, to improve our products and services, communicate with You regarding information, services, promotions, etc. on the Site; and market research purposes. Additionally, Your information is used to prevent prohibited or illegal activities and to enforce our Site policies.
SHARING YOUR CONTENT & INFORMATION: You own all of the content and information You post on the Site, and You can control how it is shared through Your privacy and application settings. In addition: (i) for content that is covered by intellectual property rights, like photos and videos (“IP content”), You specifically give Us the following permission, subject to Your privacy and application settings: You grant Us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to Us any IP content that You post on or in connection with the Site (“IP License”). This IP License ends when You delete Your IP content or Your account unless Your content has been shared with others, and they have not deleted it. (ii) When You delete IP content, it is deleted from the Site. You must understand however that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). (iii) When You publish content or information to others on the Site, it means that You are allowing everyone, including people off of the Site, to access and use that information, and to associate it with You. (iv) The Site may use You suggestions for the Site without any obligation to compensate You for such suggestions.
The Site will not share, sell or rent any personal information without Your permission, unless ordered by a Court of Law. Information submitted to the Site is only available to employees or contractors managing this information for purposes of contacting You or sending You e-mails based upon Your request for information.
SECURITY: We are committed to ensure that Your private information is secure. Any and all information which You submit to the Site is encrypted online and offline. However, although we work to protect Your sensitive information, we do not promise and You should not expect that Your personal information will always remain private.
We use traffic log cookies to identify which pages are being used. This helps Us analyze data about webpage traffic and improve our Site in order to tailor it to member needs. We only use this information for statistical analysis purposes and they the data is removed from the system. Overall, cookies helps Us provide members with a better website by enabling Us to monitor which pages members find useful. A cookie in no way gives Us access to Your computer or any information about You, other than the data You choose to share with Us.
LINK TO OTHER WEBSITES: Our Site may contain likes to other websites of interest. However, once You have used these links to leave our Site, You should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which You provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Furthermore, our Site does not control the privacy policies of third parties and You will be subject to the privacy policies of such third parties where and when applicable.
YOUR CONSENT: By using our Site, You consent to our privacy policies.
CONTACT INFORMATION: You may request a copy or send a correction to Your personal information that the Site holds about You by contacting us at Miccosukee Magazine TV, 1750 Northwest South River Drive, Miami, Florida 33125.
Effective Date: July 17, 2010