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Observer Media Group ("us," "we" or "our") developed this Terms of Service to govern the use of and to our digital products (websites, mobile apps) by our visitors and customers ("you" or "your"). We, along with our affiliates, partners, and advertisers provide content and services to you subject to the following conditions. Your use of our sites tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Observer Media Group. and extends to the use of this site as well as through your use of the websites and mobile apps we own and operate, including www.BusinessObserverFL.com, www.YourObserver.com, www.OrangeObserver.com, www.ObserverLocalNews.com, www.JaxDailyRecord.com, as well as other owned and operated websites of Observer Media Group. If you do not agree with any of these terms, please exit the site.
Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with this site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and any similar material (collectively, the "Content"), as well as its selection and arrangement, is owned by Observer Media Group and its affiliated companies, licensors and suppliers. We actively protect its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any article for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of us.
Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to the News Department at 941-366-3468. In certain cases, you may be able to obtain a license to use individual stories that appear on our sites through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third-party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Copyright Complaints. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on our sites, please contact us at 941-366-3468.
Links to, and frames of, this site. If you operate a website and wish to link to our sites, you may freely do so. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our sites without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through our sites, not to insert any code or product or manipulate the content of our sites in any way that affects the user's experience, and not to use any data mining, robots, malware, or any data gathering or extraction method in connection with your use of our sites.
Membership and Registration. Certain areas of our sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of our sites. You may also provide information in other contexts, including for example in order to enter a sweepstakes or promotion. When you register or become a Member of this site or provide information in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited (except in those specific areas of our sites that specifically ask for unique, fictitious names, e.g., certain comment areas, message boards and chat rooms. You agree that we may use the information you provide to us according to the Privacy Policy on our site.
If you become a Member of this site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our sites using your name in whole or in part. We reserve the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.
User-Created Content. By placing material on, or communicating with, us, including for example communication during registration, communication on any of our comment areas, bulletin boards, or message or chat area, posting any resume, video or photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Observer Media Group, its affiliates and related entities, including this site, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to include the information you provide in a searchable format that may be accessed by users of our sites. You also grant Observer Media Group, and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
We are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to our sites.
Other Specifics About Interactive Areas (Comments, Message Boards, Chat Areas, etc.). Our comment area, bulletin boards, chat rooms, forums and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of our sites and the volume of messages and postings, We cannot always monitor all of the material posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using these interactive areas. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. We reserve the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Posting Rules. Interactive areas, comments, discussion boards, forums, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of our sites, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule (as defined below) will be made by us in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using our sites, please do not post material that:
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES/PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through this Website. Your dealings or communications through our sites with any party other than us are solely between you and that third party. For example, certain areas of our sites may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will we be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
General Disclaimer and Limitation of Liability: While we use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on our sites may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this site and are not responsible for the content of any off-site pages or links to or from any other sites. While We encourage such third parties to abide by these Terms of Service, we have no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WEHCO MEDIA, INC., NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING OUR SITES, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. WE MAKE NO WARRANTY THAT OUR SITES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
THIS SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
OBSERVER MEDIA GROUP AND THIS SITE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH OUR SITES. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, OUR SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES.
IN NO EVENT SHALL THIS SITE OR OBSERVER MEDIA GROUP OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THIS SITE,THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THIS SITE; (B) THIS SITE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. This site is controlled, operated and administered by Observer Media Group from its offices within the United States. This site makes no representation that materials or Content available through our sites are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use our sites or export the Content in violation of U.S. export laws and regulations. If you access our sites from a location outside the United States, you are responsible for compliance with all local laws.
Miscellaneous. We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of this site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion of this site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, We may at any time transfer its rights and obligations under this Agreement to any Observer Media Group, affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires this site or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to this site must be filed in a federal or state court located in Sarasota, Florida, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of us to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to us, and all other provisions for which survival is equitable or appropriate.