Miamiartguide.com Membership Agreement | Print |

Miamiartguide.com ("The Website") is a News Portal and Online Art Directory for the Miami area and it is provided by Miami Art Guide LLC ("MAG"). It contains art related information about every art discipline, which may be of interest to the general public. Access to the public content on The Website is governed by The Website's Terms of Use. The Website offers a Membership Program that provides User Members with access to a non-public area of The Website, and to online product and services offered by The Website. The following Agreement is the agreement you consent upon registering as a User Member on The Website.

Access and Passwords

You agree that the Username and Password that you have selected upon registering on The Website are of individual use, and that you are the only individual entitled to access The Website using your Username and Password, and you agree not to allow others to access The Website using your Username and Password. You agree that you are responsible for all actions taken by you, or any other user accessing The Website with your Username and Password. If you loose your password, please use the Password Recovery Tool found on the Login Form, or contact The Website to obtain a new password. If you believe someone has accessed The Website using your Username and Password without your authorization you must notify MAG as to take proper action.

Fees and Payments

Current Membership fees can be found on the Registration Page of The Website. Memberships on The Website will remain active and will renew automatically unless cancelled by the User Member or MAG. Periodic fees for Paid Membership will be automatically billed to the User Member using the Payment Information entered upon registration, or to other designated after registration, unless the Paid Membership is canceled before the end of the billing cycle. The User Member agrees to pay or have paid all fees and charges incurred in connection with its Username and Password for The Website at the rates in effect when the charges were incurred. Currently, Payments are processed through PayPal Subscriptions, a recurrent billing solution that allows the convenience of membership auto-renewal. Your payment information will reside on PayPal's secure environment and will be used to deduct your annual payments until the membership is cancelled. All fees and charges are nonrefundable unless the Paid Membership is cancelled before a FREE Trial period ends. All eligible cancellations will receive a full refund.

User Member Guidelines

The Website may contain Internet Communications Services designed to enable User Members to interact with The Website's Products and Services and to communicate with other User Members. You agree to use the Internet Communications Services to only submit or post information that comply with MAG's Editorial Guidelines.

You agree that MAG has the RIGHT, but not the obligation, to monitor all material on The Website at any time for any reason in its sole discretion to determine compliance with this Agreement and any other operating rules that MAG may establish from time to time. Notwithstanding this right of MAG, MAG does not and cannot review all materials posted to the website by User Members, and MAG is not responsible for any such materials posted by User Members. MAG reserves the RIGHT at all times to to EDIT or MOVE any content for compliance with MAG's Editorial Guidelines or REMOVE or REFUSE any content that violates this Agreement or as may be necessary to comply with any law, regulation or government or agency request or if, in MAG sole discretion, such materials are unacceptable or in violation of this Agreement.

The Website has a strict policy against submission of illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise unacceptable content. Examples of unacceptable content include child pornography; libel; material that infringes any intellectual property right; and material that specifically advocates, solicits or abets illegal activity (such as fraud, hate or violence). Please restrain from adding such material to The Website.

The use of false e-mail addresses, impersonations and misleading information as to the origin or authorship of content is prohibited. MAG is not responsible and assumes NO LIABILITY for any content submitted by User Members to The Website. You agree to access The Website only by the interface provided by MAG and not to attempt to access any unauthorized area of The Website.

Voluntarily Submission of Personal Information

MAG will collect mailing addresses, and other verifying personal and business information. In addition, it may collect personally identifiable information upon registration or upon content submission to The Website including but not limited to: news and events information, listings, advertisement, Directory Page or Internet Communications with MAG. MAG intends by policy that any and all User Member's Personal Information voluntarily submitted to the Website via Internet Communications Services, is and shall be protected from misuse by spammers and others who might abuse it. You warrant that you have the unrestricted RIGHT to submit such information and that it is accurate.

You can review and make any desired changes to your Personal Information, or to the settings of you Membership on The Website at any time by Login in to your Membership's account. You can also manually Cancel your membership, or request such service from The Website's administrator. If you choose to Cancel your membership, it will be marked in our database as "Canceled," but your membership information will remain in our database. This is necessary in order to detect fraud. If you choose to Cancel your membership, your personally identifiable information will not be visible on The Website and MAG warrants that it will not be used for any further purposes, nor sold or shared with third parties, except as necessary, for example: to prevent fraud and assist law enforcement, or as required by law.

Voluntarily Submission of Content

You are granted the RIGHT to submit content to The Website as long as the content complies with MAG's Editorial Guidelines and this Agreement. You grant MAG and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and full right to modify, edit, publish, translate, RSS and display such Content throughout the world in any media. You warrant that you own or control the rights to the content that you submit, and that the content is accurate, and that it does not violate this Agreement. MAG is not responsible and assumes NO LIABILITY for any content submitted by User Members on The Website. No content is subject to any obligation of confidentiality or limited use by MAG.

Information Security

MAG is committed to high standards of information security. We restrict access to your Personally Identifiable Information to designees who need to know that information in order to provide products or services to you. Our online hosting provider maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Although, we use all reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the Internet cannot be made absolutely secure. MAG assumes no liability for disclosure of data due to errors in transmission or unauthorized third parties access to the Website. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any Username and Password you have used during registration, and you should always be careful and responsible whenever disclosing that information online.

Representations and Warranties

You represent and warrant to MAG that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to The Website is true and accurate; (c) you will be responsible for all use of your Username and Password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use The Website for any purpose that is unlawful or prohibited by this Agreement.

Disclaimer

The Website makes a concerted effort to ensure the information presented in / on / or throughout its Website is accurate. However, The Website does not control, and makes no warranty regarding, the accuracy, currency and / or completeness of any of the data contained in the The Website database. If an error is found, The Website is not responsible for the results, or any loss or damage that may result from such a mistake. The Website intends to update information listed on the site where appropriate, but shall not be liable for any inaccuracies.

The Website will not be liable for any damages of any kind incurred as a result of the data contained in the The Website database or use of the The Website service. MAG disclaims any and all warranties relating to the The Website database and the The Website product and services, including warranties of merchant ability and fitness for a particular purpose or use.

The Website encourages you to exercise discretion while browsing the Internet using the The Website services. MAG, through The Website, makes no representations concerning any endeavor to review the content of sites listed in any of the materials and does not represent or endorse the accuracy or reliability of any of the materials contained therein, distributed through, or linked, downloaded or accessed from any of the services contained on this website. The Website also does not make any representations regarding the availability and performance of The Website. You acknowledge that any use of The Website, reliance upon any materials and any use of the Internet generally shall be at your sole risk and that The Website shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

Limitation of Liability

MAG does not represent or warrant that this, or any site to which it is linked, will be accessible or available on a timely basis, or that access to the site will be uninterrupted or error free. THE SITE IS DISTRIBUTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MAG OR ANY OF THEIR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION). Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

Indemnification

You shall indemnify, defend and hold harmless MAG, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Website. MAG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MAG.

Termination

MAG may terminate your subscription and access, or suspend access to all or part of The Website, without notice, for any conduct that MAG, in its sole discretion, believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or MAG. MAG may also elect not to renew your Membership and access by providing a notice of nonrenewal prior to the end of your current Membership period.

Copyrights and Trademarks

Any reproduction, modification, distribution, republication or display of content included on The Website is strictly prohibited. The contents may not be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, reproduced or "framed" without the prior written permission of MAG. If you believe that your content has been copied in a way that constitutes copyright infringement, you must notify MAG as to take proper action.

Governing Law And Jurisdiction


The Website (excluding linked sites) is controlled by MAG from its offices within the state of Florida, United States of America. By accessing The Website, you and MAG agree that all matters relating to your access to, or use of, The Website shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. MAG makes no representation that Materials or Services available on The Website are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access The Website from other locations do so, on their own initiative and are responsible for compliance with local laws.

Severability

Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms of this Agreement.

No Waiver

The failure of either party to enforce any rights granted there under or to take action against the other party in the event of any breach there under shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

The Website is managed and hosted by MAG from its offices in Miami, Florida.

MAG shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to content, features, or hours of availability. MAG may also impose limits on certain features and services or restrict your access to portions or all of the The Website without notice or liability.

 

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