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Terms of Use

1. Acceptance of Terms of Use and Amendments

Any use or access to this web site is subject to these Terms of Use, as amended from time to time, with or without notice. By using or accessing this web site, you are deemed to have accepted and agreed to
be bound by these Terms, as amended from time to time, with or without
notice. In addition, use of a particular service on or through this web
site, also subjects the user to any rules or guidelines applicable to
those services, which shall be incorporated by reference into these Terms of Use.
Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service

This web site and all services provided to you on and through this web
site is on an "AS IS" basis. By using or accessing this web site, you
agree that the owners of this web site exclusively reserve the right
and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the data
you provide, whether temporarily or permanently. We shall have no
responsibility, nor liability, for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to use this web site, you must register
on our site, and agree to provide truthful information as may be
requested. You must also be at least the age of eighteen (18) or older.
When registering, you explicitly agree to our Terms of Use
and as may be modified by us from time to time. (All modifications, or
amendments to the Terms of Use, shall be set forth at this site).

4. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password

You
are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or login,
whether authorized or unauthorized by you. You agree to immediately
notify us of any unauthorized use or your registration, user account or
password.

6. Your Conduct

You
agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose
user account is used. You agree that our web site may expose you to
Content that may be objectionable or offensive. We shall not be
responsible to you in any way for the Content that appears on this web
site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

  • provide
    any Content or perform any conduct that may be unlawful, illegal,
    threatening, harmful, abusive, harassing, stalking, tortious,
    defamatory, libelous, vulgar, obscene, offensive, objectionable,
    pornographic, designed to or does interfere or interrupt this web site
    or any service provided, infected with a virus or other destructive or
    deleterious programming routine, give rise to civil or criminal
    liability, or which may violate an applicable local, national or
    international law;
  • impersonate or misrepresent your
    association with any person or entity, or forge or otherwise seek to
    conceal or misrepresent the origin of any Content provided by you;
  • collect or harvest any data about other users;
  • provide
    or use this web site and any Content or service in any commercial
    manner without our prior consent, or in any manner that would involve
    junk mail, spam, chain letters, pyramid schemes, or any other form of
    unauthorized advertising;
  • provide any Content that
    may give rise to our civil or criminal liability or which may
    constitute or be considered a violation of any local, national or
    international law, including but not limited to laws relating to
    copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site

By providing any Content to our web site:

  • you
    agree to grant to us a worldwide, royalty-free, perpetual,
    non-exclusive right and license (including any moral rights or other
    necessary rights) to use, display, reproduce, modify, adapt, publish,
    distribute, perform, promote, archive, translate, and to create
    derivative works and compilations, in whole or in part. Such license
    will apply with respect to any form, media, technology known or later
    developed;
  • you warrant and represent that you have
    all legal, moral, and other rights that may be necessary to grant the
    license set forth in this Section 7;
  • you acknowledge
    and agree that we shall have the right (but not obligation), in our
    sole discretion, to refuse to publish or to remove or block access to
    any Content you provide at any time and for any reason, with or without
    notice.

8. Third Party Services.

Goods
and services of third parties may be advertised and/or made available
on or through this web site. Representations made regarding products
and services provided by third parties are governed by the policies and
representations made by these third parties. We shall not be liable,
nor responsible in any manner, for any of your dealings or interaction
with third parties.

9. Indemnification

You
agree to indemnify and hold us harmless, as well as our subsidiaries,
affiliates, related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney's fees, that may be
made by any third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES

YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU
AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, AND OF ANY SPECIFIC LEVEL OF QUALITY. NOR DO WE WARRANT THAT
ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND
AGREE THAT NEITHER US, NOR ANY PARTICIPANT IN THE SERVICE, PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT LIABILITY TO
US OF ANY KIND.

Some jurisdictions may not allow
disclaimers of implied warranties and the above disclaimer may not
apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY

YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE
COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights

We
reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our web site or service without our prior written consent.

If
you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted at the following
address: webmaster@everythingtallahassee.com.

14. Applicable Law

You agree that this Terms of Use
and any dispute arising out of your use of this web site or our
products or services shall be governed by and construed in accordance
with local laws where the headquarters of the owner of this web site is
located, without regard to its conflict of law provisions. By
registering or using this web site and service you consent and submit
to the exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.

15. Miscellaneous Information

In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by
a court with jurisdiction over the parties, such provision will be
interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use
shall not be considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms of Use and upon such assignment, we shall be relieved of any further obligation hereunder.

DISCLAIMER/COMPLIANCE

AGREEMENT

The views, comments, opinions, statements, advice, information and
other content expressed in materials appearing in Everything
Tallahassee, are strictly those of the authors and do not necessarily
state or reflect those of Everything Tallahassee. This web site does
not endorse or take responsibility for the accuracy or reliability of
any view, comment or opinion, or the statements, advice, or information
made on Everything Tallahassee, by anyone other than an authorized
employee spokesperson while acting in their official capacity. Under no
circumstances shall Everything Tallahassee be liable for any loss or
damage caused by a User's reliance on views, comments, opinions,
statements, advice, information or other content obtained through this
web site. It is the responsibility of the User to evaluate the
accuracy, completeness or usefulness of any view, comment, opinion,
statement, advice, information, or other content. Furthermore, the
content of this web site containing information about public officials,
candidates for public office, governmental agencies, election
information and other information is supplied by third parties, for
which Everything Tallahassee has no responsibility, nor liability.
Everything Tallahassee cannot and does not guarantee the accuracy,
completeness, or usefulness of any such content.

It is the sole responsibility of any and all persons and entities
posting materials on Everything Tallahassee, to comply with all
applicable federal, state and local, laws, rules and regulations,
including, as to any political content, that such content is in
compliance with Florida Statute 106, et.seq. (2004). Everything
Tallahassee shall have no responsibility, nor liability for determining
or confirming content compliance with any political advertising laws,
rules or regulations. By submitting material to Everything Tallahassee,
you are representing that you are the owner of such material, or are
making your submission with the express consent of the owner.

Persons placing content on Everything Tallahassee, are solely
responsible for updating such content, maintaining compliance with the
Terms of Use and this Disclaimer/Compliance Agreement, and controlling
access to any passwords to access the content.

Everything Tallahassee has the right to remove all content upon
violation of the Terms of Use, this Disclaimer/Compliance Agreement, or
upon termination of the Contract. Furthermore, as to any political
advertisements, such content shall be removed at midnight on the date
of the final election applicable to such advertisement; defeat, removal
or withdrawal of the candidate or issue which is the subject of the
advertisement; non-payment; or, violation of the Terms of Use or this
Agreement.

The posting of any content as to a particular political candidate,
party, or issue, shall not preclude Everything Tallahassee from posting
content of any rival candidate, party, or contrary issue.

By posting content on this web site, or becoming a User, you shall
be deemed to accept and agree to the terms and conditions set forth
herein.

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