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INSIDE MIAMINIGHTOUT.COM

Conditions of Use

Access to and use of this Internet site (the "Site") is provided subject to the following terms and conditions. If you visit and use the Site you accept these terms and conditions. Please read them carefully. The company may, at its sole discretion, modify or revise these terms at any time by updating this web page. You are bound by such modification or revision and should therefore visit this page periodically to review the terms.

PRIVACY
Please review our Privacy Policy, which also governs your visit to MiamiNightOut.com, to understand our practices.

COPYRIGHT AND TRADEMARKS
For more information, please review our Copyright and Trademark Notice.

LICENSE AND SITE ACCESS
MiamiNightOut.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of MiamiNightOut.com. This license does not include: any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent of MiamiNightOut.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MiamiNightOut.com and our affiliates without expressed written consent. Any unauthorized use terminates the permission or license granted by MiamiNightOut.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of MiamiNightOut.com so long as the link does not portray MiamiNightOut.com, its affiliates, or services in a false, misleading, derogatory, or otherwise offensive matter.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, classified ads, personal ads, and other content, and submit profiles/bios and pictures to be considered for our monthly and weekly sections, visitors can also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. You agree to post no more than one opinion about a particular establishment, product or service, and to rate the helpfulness of any one opinion only once. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. MiamiNightOut.com reserves the right (but not the obligation) to remove or edit such content. All user opinions are provided by MiamiNightOut.com users and do not represent the opinion of MiamiNightOut.com.

If you do post content or submit material, and unless we indicate otherwise, you grant MiamiNightOut.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MiamiNightOut.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MiamiNightOut.com or its affiliates for all claims resulting from content you supply. MiamiNightOut.com has the right but not the obligation to monitor and edit or remove any activity or content. MiamiNightOut.com takes no responsibility and assumes no liability for any content posted by you or any third party.

MiamiNightOut.com does not endorse, support or guarantee the truthfulness, accuracy or reliability of any opinions expressed by MiamiNightOut.com users. You acknowledge that any reliance on such information will be solely at your own risk.

COPYRIGHT COMPLAINTS
MiamiNightOut.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:

MiamiNightOut.com, P.O. Box 652932, Miami, FL 33265-2932
Telephone: 305.431.1448
Fax: 508.590.6211

CONTENT AND OTHER INFORMATION
The Site attempts to be as accurate as possible. However, MiamiNightOut.com does not warrant that restaurant information, restaurant menus, bar/club information, pricing, product descriptions, editorial commentary or other content of this site is accurate, complete, reliable, current, or error-free. Although MiamiNightOut.com attempts to provide information that is useful, MiamiNightOut.com cannot possibly insure the accuracy of all of the information at all times, and you should not rely on such information in situations where its inaccuracy would cause you to suffer any significant loss. MiamiNightOut.com assumes no liability for inaccuracies in its search results, editorial content, or other content on the site. The various services/products referenced in MiamiNightOut.com are provided by third party vendors pursuant to agreements or other arrangements between such vendors and the end user. MiamiNightOut.com does not sell, resell, or license any of the products, and disclaims any responsibility for or liability related to such products. Any questions, complaints, or claims related to any product should be directed to the appropriate vendor.

OTHER BUSINESSES AND LINKS TO OTHER SITES
Parties other than MiamiNightOut.com, provide services, or sell products through this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided to you solely as a convenience to you and not as an endorsement by MiamiNightOut.com of the contents on such third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their web sites. MiamiNightOut.com does not assume any responsibility or liability for the actions, services, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MIAMINIGHTOUT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIAMINIGHTOUT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. IN ADDITION, SOME OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES; MIAMINIGHTOUT.COM SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIAMINIGHTOUT.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. MIAMINIGHTOUT.COM DOES NOT WARRANT THAT THIS SITE, OR E-MAIL SENT FROM MIAMINIGHTOUT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIAMINIGHTOUT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE, WITH THESE TERMS AND CONDITIONS, THE COMPANY'S PRIVACY POLICY OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE WEB SITE.

INDEMNITY
You agree to defend, indemnify, and hold harmless the company, its officers, directors, employees, and agents, from and against any claims, actions and demands, including without limitation any legal and accounting fees alleging or resulting from your use of the site or your breach of these Conditions of Use. MiamiNightOut.com shall provide notice to you promptly of any such claim, suit or proceeding.

APPLICABLE LAW
By visiting this Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MiamiNightOut.com or its affiliates.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to MiamiNightOut.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
MiamiNightOut.com,
P.O. Box 652932,
Miami, FL 33265-2932


           

MiamiNightOut.com
P.O. Box 652932
Miami, FL 33265-2932
E: mail@miaminightout.com