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
|