Additional terms and conditions may apply when You use affiliate services or third-party content linked from or embedded in the Site and/or the Services, including but not limited to Facebook, Twitter, YouTube, Twitter, tumblr, Yahoo, Google+ and more. The ToU and the relationship between You and the Miami Beach Chamber of Commerce shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. In the event of any dispute regarding this Agreement or Your interactions with the Miami Beach Chamber of Commerce, You agree that such dispute shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Miami-Dade County, Florida, before one arbitrator to be mutually agreed upon by both parties.
The failure of the Miami Beach Chamber of Commerce to exercise or enforce any right or provision of the ToU or other policies detailed on by the Miami Beach Chamber of Commerce including but not limited to any Membership Agreement between the Miami Beach Chamber of Commerce and its members shall not constitute a waiver of such right or provision, and any waiver of a right or provision with regard to a specific instance shall not constitute a waiver of any other breaches of that right or provision, even with regard to the same User, Individual or Entity. If any provision of the ToU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToU remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related to use of the Miami Beach Chamber of Commerce Services or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that the Miami Beach Chamber of Commerce Site and Services shall be deemed a passive website that does not give rise to personal jurisdiction over the Miami Beach Chamber of Commerce, either specific or general.
You agree to not use the Miami Beach Chamber of Commerce Services (including any page, site, app or service used or controlled by or on behalf of the Miami Beach Chamber of Commerce, or by sending emails to any email address associated with the Site):
- to upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, offensive or demeaning to the gender, race, ethnicity, religion or sexual orientation of another, or otherwise objectionable;
- to harm minors (defined under US law) in any way;
- to impersonate any person or entity, including, but not limited to, a Miami Beach Chamber of Commerce Member or staffer, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through Miami Beach Chamber of Commerce;
- to remove watermarks or source identifiers, logos and/or code from content created by or hosted on Miami Beach Chamber of Commerce;
- to use the term INCARD® in connection with any of Your goods or services unless granted prior written permission by the Miami Beach Chamber of Commerce;
- to upload, post, e-mail, transmit or otherwise make available any Content that has been deemed by a court to constitute patent, trademark, trade secret or copyright infringement;
- to upload, post, e-mail, transmit or otherwise make available any Content that You reasonably believe constitutes patent, trademark, trade secret or copyright infringement;
- to upload, post, e-mail, 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;
- to submit, upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or malicious computer code, files or programs designed to interrupt, destroy, track, archive, hack or limit the functionality of, any computer or hardware or telecommunications equipment, including WAP-enabled phones, tablets, ebooks or handheld internet access devices;
- to interfere with, hack into or disrupt Miami Beach Chamber of Commerce Services or servers or networks connected to or used by Miami Beach Chamber of Commerce, or disobey any requirements, procedures, policies or regulations of networks used by or for the Miami Beach Chamber of Commerce;
- to intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
- to “stalk” or harass an individual; or
- if You are a resident or national of any country to which the U.S. has mandated a trade embargo.
3. Terms of Service
You expressly understand and agree that:
- Your use of the Miami Beach Chamber of Commerce website and Services is at Your sole risk. Miami Beach Chamber of Commerce is provided on an “as is” and “as available” basis and the Miami Beach Chamber of Commerce does not warrant or guarantee the safety, efficacy or accuracy of any information contained or embedded onto the site or linked from the site. Miami Beach Chamber of Commerce expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as prohibited by law;
- Miami Beach Chamber of Commerce makes no warranty that:
- the Miami Beach Chamber of Commerce website and Services will meet Your requirements;
- the Miami Beach Chamber of Commerce website and Services will be uninterrupted, timely, secure, accurate or error-free;
- the information that may be obtained from the use of the Miami Beach Chamber of Commerce website and Services will be accurate or reliable;
- the quality of any products, services, information, or other material obtained by You through Miami Beach Chamber of Commerce Services or the Site will meet Your expectations.
- Any material downloaded or otherwise obtained through the use of Miami Beach Chamber of Commerce Services is at Your own discretion and risk, and You will be solely responsible for any damage to Your system or for loss of or damage to data that results from the download of any such material;
You expressly understand and agree that the Miami Beach Chamber of Commerce shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Miami Beach Chamber of Commerce has been advised of the possibility of such damages) (except where prohibited by law) resulting from:
- Your use of or Your inability to use the Site;
- unauthorized access to or alteration of Your transmissions or data;
- statements or conduct of any third party using the Site;
- any other matter relating to the Site and/or the Miami Beach Chamber of Commerce.
You agree to indemnify and hold the Miami Beach Chamber of Commerce, its subsidiaries, affiliates or other partners, and its volunteers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information, material, files and/or Content You submit, post, transmit or make available through Miami Beach Chamber of Commerce Services, Your use of Miami Beach Chamber of Commerce Services, Your connection to Miami Beach Chamber of Commerce Services, Your use of any third party site linked to or by Miami Beach Chamber of Commerce Services or its users, Your use of the ToU, or Your violation of any rights of another.
You agree that the Miami Beach Chamber of Commerce shall not be liable to You or any third-party for any termination of or limitation on Your access to Miami Beach Chamber of Commerce Services. The Miami Beach Chamber of Commerce reserves the right to refuse access to the Miami Beach Chamber of Commerce Services or Website to any individual for any reason.
You agree not to repost or redistribute content found on Miami Beach Chamber of Commerce Services pursuant to the licenses herein without full credit to and for the Miami Beach Chamber of Commerce and/or the rightsholder, including a full and complete copyright and/or trademark statement where applicable.
5. Access Requirements
Those under the age of thirteen are permitted to read and download content posted and/or hosted on the Site; however, those under the age of thirteen are not permitted to comment on or post to the Miami Beach Chamber of Commerce Facebook page or submit content on, through or to Miami Beach Chamber of Commerce Services in compliance with the United States Federal Trade Commission regulations regarding online privacy and protection issues for children under thirteen. Accordingly, if You submit Content to the Miami Beach Chamber of Commerce, You thereby affirm that You are over thirteen years of age.
Miami Beach Chamber of Commerce Services and its related sites are designed for adults and do not knowingly solicit or collect information from children who are twelve years old or Younger. Any child under thirteen who submits content on, through or to the site in any way will be banned to the extent reasonably possible.
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
6. Access to Miami Beach Chamber of Commerce
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Site, any Material on the Site or any product purchased through or via the site, other than on and/or in the Site, or in the course of Your use of or access to the Site.
The Miami Beach Chamber of Commerce reserves the right to modify, suspend or discontinue, temporarily or permanently, Miami Beach Chamber of Commerce (or any part thereof) at any time and from time to time with or without notice. You agree that the Miami Beach Chamber of Commerce shall not be liable to You for any modification, suspension or discontinuance of the Miami Beach Chamber of Commerce.
The Site may provide, or third parties may provide as part of the Content, links to and incorporation of content and the sale of items containing/bearing content provided by and/or created by third parties (“Third-Party Content”). Because the Miami Beach Chamber of Commerce has no control over Third Party Content, You acknowledge and agree that the Miami Beach Chamber of Commerce is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other material on or available from such sites or resources. You further acknowledge and agree that the Miami Beach Chamber of Commerce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external site or resource.
The Miami Beach Chamber of Commerce may from time to time effect, host or provide access to or information about contests, challenges, scholarships and/or games (“Contests”). Any such Contests conducted by or for the Miami Beach Chamber of Commerce will be effected pursuant to separate rules, terms and conditions that are created for each and any Contest. Any Contests conducted by any third party will be effected pursuant to said third party’s rules, terms and conditions and not under the control of or by the Miami Beach Chamber of Commerce.
You are responsible for obtaining access to Miami Beach Chamber of Commerce Services and acknowledge that such access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, You must provide and are responsible for all equipment necessary to access Miami Beach Chamber of Commerce Services.
The Internet is global in scope, and You may be able to access Miami Beach Chamber of Commerce Services from outside the United States. You therefore agree to comply with all applicable rules regarding online conduct and acceptable subject matter. Specifically, and without limitation, You agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States and/or to or from the country from which You are accessing Miami Beach Chamber of Commerce Services.
For each visitor to our Web page, and certain of our Services our Web server automatically recognizes and archives the visitor’s domain name, including IP address.
We collect the e-mail addresses of those who communicate with us via e-mail, user-specific information on what pages users access or visit, the IP address of each visitor to the Miami Beach Chamber of Commerce, and any information that a visitor posts on the site or sends to any of our official e-mail addresses.
The information we collect is used to improve the content of our Web page and Services, and customize the content and/or layout of our page for each individual visitor, and is not shared with other organizations. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Miami Beach Chamber of Commerce Services.
If You request that the Miami Beach Chamber of Commerce send information to a third party, such as a friend, the Miami Beach Chamber of Commerce may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
With respect to Ad Servers: Miami Beach Chamber of Commerce Services may include advertisements and content served by third-party providers and reserves the right to share personally identifying information with its business partners, designees, advertisers, marketing firms and related third parties.
The Miami Beach Chamber of Commerce may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify You of these changes, and such changes will only be used for information provided by those who have used the Site and Services after the effective date of such policy changes. If You are concerned about how Your information is used, You should check back at our Web site periodically. The Miami Beach Chamber of Commerce reserves the right to communicate with its users via communications methods provided by each or any user.
i. Submissions, Reviews, Comments and Posts
You shall not upload to, email to, distribute or otherwise publish through, or share on Miami Beach Chamber of Commerce Services any Content which is deemed by the Miami Beach Chamber of Commerce, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by the Miami Beach Chamber of Commerce in its sole discretion to be unapproved or unautorized advertising or “spam”.
If You post any content including but not limited to text, images, audio files, video files or a combination of the above (the “User-Created Content”) on any page or site hosted, managed or controlled by or on behalf of the Miami Beach Chamber of Commerce, or email, text or send a message to the Miami Beach Chamber of Commerce, You grant the Miami Beach Chamber of Commerce a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Created Content throughout the world in any media. You also grant Miami Beach Chamber of Commerce the right to include and/or use the user name that You submit with Your User-Created Content, if any, in connection with such User-Created Content.
You understand that all Content, including but not limited to User-Created Content, submissions, information, data, text, graphics, messages or other materials, is the sole responsibility of the persons from which such Content originated. This means that You, and not the Miami Beach Chamber of Commerce, are entirely responsible for all Content that You upload, post, e-mail, transmit or otherwise make available via Miami Beach Chamber of Commerce.
You understand that by using Miami Beach Chamber of Commerce Services, You may be exposed to material that is offensive, indecent or objectionable.
Under no circumstances will the Miami Beach Chamber of Commerce be liable in any way for any Content, including, but not limited to:
- User-Created Content;
- any errors or omissions in any Content;
- any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via Miami Beach Chamber of Commerce Services;
- any cause or action arising from material contained in the Content that violates the terms of the Communications Decency Act of 1996.
You understand that the technical processing and transmission of the Site and Services, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices.
iii. Content that Violates the ToU
If you indicate upon registration with the Miami Beach Chamber of Commerce or at any time subsequent that you want to receive information from and/or about affiliates, partners and trusted third parties of the Miami Beach Chamber of Commerce, we may provide your information to third parties regarding information about products and services or otherwise provide you with such information directly.
The Miami Beach Chamber of Commerce reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Wattpad Service as well as new content on the Service, or with regard to surveys, polls, site analytics and usage and content.
Miami Beach Chamber of Commerce does not claim ownership of or copyright in Your Content. You grant Miami Beach Chamber of Commerce a perpetual, sub-licensable, world-wide, royalty free and non-exclusive license to use, compile, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content (including User-Created Content) for the purposes of providing and distributing Miami Beach Chamber of Commerce goods and services (“License”).
The Miami Beach Chamber of Commerce grants You a limited license to access and make personal use of this site. You may not copy, reproduce, incorporate, download (other than page caching), modify or otherwise use any material or any portion of any material located on the Site, including any Content, without the express written consent of the Miami Beach Chamber of Commerce or the author, user or artist who holds the copyright in the relevant Content, except when posting on or to the Miami Beach Chamber of Commerce or a site owned or controlled by the Miami Beach Chamber of Commerce; You may, however, link to any page or portion of the Site, and/or Share or Retweet any content posted by the Miami Beach Chamber of Commerce on any page, application, Service or Site controlled by or for the Miami Beach Chamber of Commerce.
The Content is protected by copyright pursuant to U.S. and international copyright and trademark laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content, including third-party User-Created Content, or the Miami Beach Chamber of Commerce, in whole or in part. You may download or copy the Content and other downloadable items displayed on Miami Beach Chamber of Commerce Services for personal use only, provided that You maintain all copyright and other notices contained therein. You shall abide by all additional copyright and trademark notices, information, or restrictions contained in any Content accessed through Miami Beach Chamber of Commerce Services.
The Content and Services contain links to Internet sites, resources, pages, downloadable items and advertisers. The Miami Beach Chamber of Commerce is not not responsible for content on or availability of of these outside resources; direct any concerns regarding any external link to the site administrator or Webmaster of such site.
You recognize that some content on this Site and these Services represents the opinions of the individual or entity who has created such content, and is not endorsed by this site in any way. The Miami Beach Chamber of Commerce does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through Miami Beach Chamber of Commerce Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk. ALL DOWNLOADABLE, ACCESSIBLE, VISIBLE OR STREAMED CONTENT IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
You acknowledge and agree that the Miami Beach Chamber of Commerce may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the ToU;
- respond to claims that any Content violates the rights of third-parties;
- protect the property of the Miami Beach Chamber of Commerce or the rights, property, or personal safety of the Site’s users and the public.
The Miami Beach Chamber of Commerce respects the intellectual property of others, and we ask our users to do the same. We follow the requirements of the Digital Millenium Copyright Act in terms of the information we request when copyright infringement, such as the copying of art, is claimed. If You believe that a work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated on the Services, please send as much of the the following information (“Notice”) as You have available to our DMCA Agent whose contact information is provided herein
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Site the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
This information may be submitted via email to the Miami Beach Chamber of Commerce DMCA Agent: firstname.lastname@example.org or
H. Tandy, 1111 Lincoln Road, Suite 400, Miami Beach, FL 33139