Terms and Conditions
1. Copyrighted Information. Pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained within this Site are copyrighted by Destination Publications LTC or by a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions with permission of the Copyright Holder. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of Destination Publications LLC. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Destination Publications LLC, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. When permission is granted, you agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. Destination Publications LLC may revoke any of the foregoing rights, as well as access and use authorizations granted to users of the site at any time. Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of Destination Publications LLC is strictly prohibited. To protect the rights of all copyright holders in this regard, Destination Publications LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. Copyright holders who believes that their work has been copied in a way that constitutes copyright infringement is asked to provide us with all necessary information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512. This information includes a signed statement by the copyright holder or his authorized representative that the complaining party has a good-faith belief that the material used in the manner complained of is not authorized and identification of the work that is claimed to be infringed as well as of the material that is infringing, along with sufficient information to enable us to locate the material.
2. Limited "Fair Use" Permission Granted. Limited permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability. The contents of this site, including, without limitations, the Materials, are provided "as is" and Destination Publications LLC makes no representations or warranties, express or implied, of any kind with respect to this site or its contents. Destination Publication LLC disclaims all representations and warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement.
a) Disclaimer of accuracy. Destination Publications LLC does not represent or warrant that the information available via this site is accurate, complete or current. This site may contain typographical errors or technical errors or technical inaccuracies. Destination Publications LLC reserves the right to make changes by adding, changing or deleting the website's content or any part thereof without notice. Any price or availability information is subject to change without notice.
b) Limitation on Liability. Neither Destination Publications LLC nor any of its members, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site or any information, products of services contained herein. This limitation includes the materials, even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, indirect, special and consequential damages, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties. You have the sole responsibility for adequate protection and backup of data and equipment used in connection with the site and will not make any claim against Destination Publications LLC for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.
c) Limitation on Liability of Copyright Holders. Third party copyright holders will not be liable for any direct, indirect, special or consequential damages, loss of data, income, profit or goodwill or damage to property arising out of any use of the materials or performance or implementation of the contents thereof.
5. Links to Third Party Sites. Destination Publications LLC provides access to linked sites only as a convenience for you and a service to our participating advertisers and clients. Other web sites that are accessible via any link on this Site are not under the control of Destination Publications LLC. Destination Publications LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The inclusion of any such link on the Site does not imply our endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
5. Export Restrictions. The Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
6. References to Products or Services. Information published by Destination Publications LLC on the Site may contain references or cross references to Destination Publications LLC products or services that are not announced or available in your country. Such references do not imply that Destination Publications LLC intends to announce such products or services in your country. Please contact Destination Publications LLC for information regarding the products and services that may be available to you.
7. User Input Non-Confidential. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site shall be deemed to be non-confidential. Destination Publications LLC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Destination Publications LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or in other Destination Publications LLC publications, and developing, manufacturing, and marketing products using such information. Destination Publications LLC shall have no obligation to compensate the contributor of such information in any manner.
8. Governing Law: Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any Destination Publications LLC products or Destination Publications LLC services offered on or accessed via the Site, shall (i) be governed by Florida State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Florida
, and you hereby submit to the jurisdiction of said courts.
9. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Destination Publications LLC shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
10. Trademarks. "Destination: Safety Harbor", the magazine's logo, "On the Sunrise Side of Tampa Bay" and other logos and titles are registered trademarks or service marks of Destination Publications LLC. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Destination Publications LLC or other trademark owners.
11. Indemnification. You agree to defend, indemnify, and hold harmless Destination Publications LLC, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. Destination Publications LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
12. Termination of Agreement. Destination Publications LLC may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Destination Publications LLC shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Destination Publications LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 8, 11 and this Section 12 shall survive any termination of this agreement.