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Terms and Conditions

Acceptance of Terms

By using Orlando Family Magazine’s Web site (the “OFM Web Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately

License to Use Web Site and Contents

Subject to the terms and conditions set forth in this Agreement, Orlando Family Magazine, LLC (“OFM”) grants you a non-exclusive, non-transferable, revocable limited right to access, use and display the OFM Web Site and the materials thereon for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by OFM to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by OFM to do so. This license shall be deemed revoked if you do not comply fully with the terms and conditions of this Agreement. You agree not to interrupt or attempt to interrupt the operation of the OFM Web Site in any way.

Ownership; Restrictions

All material on the OFM Web Site, including without limitation text, images, software, audio and video clips, as defined below (collectively the “Content”) is owned or controlled by OFM. OFM may change, suspend, or discontinue any aspect of the OFM Web Site at any time. OFM may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. The OFM Web Site and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions of law that pertain to the Content displayed on the OFM Web Site. You may not, directly or indirectly, download, display, reproduce, create any new or derivative works from, transmit, own, use, loan, rent, lease, license, sublicense, assign, copy, sell, distribute, translate, modify, adapt, improve, perform, or in any way exploit the OFM Web Site or any portion thereof for any public or commercial use without the express written permission of OFM. You may view and download material from the OFM Web Site (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein.

Rules for Chat rooms, Forums, and Other Uploading of User Material

You are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a chat room, bulletin board or other forum on the OFM Web Site, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the OFM Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the OFM Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Web Site or OFM.

Editing and Disclosure of User Material

OFM reserves the right, but does not have an obligation, to review all materials posted to the OFM Web Site by users, and OFM is not responsible for any such materials posted by users. However, OFM reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, that in OFM’s sole discretion are objectionable or in violation of the Terms of Use

Rights to Materials Provided by Users

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the OFM Web Site, you grant to OFM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by OFM of any material or idea submitted by you in any Communications. You waive all rights to any claim against OFM for any alleged or actual infringements of any proprietary rights, any misappropriation of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that OFM is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.

No Responsibility for Transmitted Material

You acknowledge that material transmitted to and from the OFM Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to OFM Web Site, no confidential, fiduciary, contractually implied or other relationship is created between you and OFM other than pursuant to the terms of these Terms of Use. OFM shall not be responsible for the payment of any monies to any party in connection with OFM’s use of Communications submitted by you to the OFM Web Site. OFM may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

REPRESENTATIONS BY YOU

By visiting the OFM Web Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the OFM Web Site or for inclusion on the OFM Web Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

ADVERTISING

The OFM Web Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the OFM Web Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Links to Other Web Sites

OFM Web site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement of OFM of the contents on such third-party web sites. OFM is not responsible for the content of linked third party sites. OFM exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third party Web sites, including that they will not contain viruses or otherwise impact your computer, and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. OFM shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You agree to acknowledge the use of these third party websites at your own risk. By using the OFM Web Site to search for or link to another site, you agree and understand that you may not make any claim against OFM for any damages or losses, whatsoever, resulting from your use of the OFM Web Site to obtain search results or to link to another site.

Changes to Agreement

OFM reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting an amended version of the Terms of Use on the Web Site. Changes in these Terms of Use will be effective when posted. Your continued use of the Web Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Termination

OFM may terminate, change, suspend or discontinue any aspect of the OFM Web Site at any time. OFM may also impose limits on certain features and services or restrict your access to part or all of the OFM Web Site without notice or liability.

Indemnification

You agree to indemnify and hold harmless OFM and its editors, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any and all liabilities, claims, expenses or demands, including legal fees, that my be filed by you or any third party, arising out of your conduct, connection, use or misuse with this web site or service, your provision of content, your violation of these terms of use, or any other violation by you of the rights of another person or party.

Disclaimer of Warranties

You expressly understand and agree that your use of this web site and of any services or content provided is at your own risk. Services and content are provided to you “AS IS”, and OFM expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement or otherwise.

OFM makes no warranty, either implied or express, that any part of the service will be uninterrupted error-free, virus-free, timely, secure, accurate, reliable, or expressly that any content is safe in any manner for download, or that you will achieve successful results from following any instructions, directions or recommendations on the OFM Web Site.

UNDER NO CIRCUMSTANCES SHALL OFM, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

CHOICE OF LAW

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Florida, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the OFM Web Site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

INTEGRATION AND SEVERABILITY

This Terms of Use constitutes the entire agreement between OFM and you with respect to the OFM Web Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the OFM Web Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.