Effective August, 2013
About Miami Business Magazine
Miami Publishing, Inc. owns and operates the MBM.com website (referred to here as “MBM.com”). The services (“Services”) offered by MBM.com include the MBM.com website and any other features, content, or applications offered from time to time by MBM.com in connection with the Miami Business Magazine website (collectively, the “MBM.com Services”). The MBM.com Services are hosted in the United States. Please contact us directly if you have any questions or concerns about our Terms of Service. We can be reached at:
MBM.com provides users with the means to explore and interact with content, including but not limited to articles, reviews, business and event listings, blogs, and comments. Users are encouraged to use said content in ways that they can interact with each other in a respectful and positive way.
No Resale of Services to Third Parties
MBM.com is offered solely to accommodate your personal, noncommercial needs, and no user may use or exploit any portion of the Site or Services to provide any commercial Services to third parties.
Users of MBM.com are required to be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the MBM.com Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the website. You must be 13 or older to use the site, in compliance with the Children’s Online Privacy Protection Act (COPPA).To use certain features of MBM.com, such as blog commenting, users must provide certain personal information. Users are expected to maintain the confidentiality of this information and are responsible for all activities that occur under their username and e-mail address. If you submit comments, you agree to submit accurate and complete information, as well as to keep this information current. Failure to do so is a breach of these Terms and may result in the termination of your ability to comment on MBM.com. Users may not enter or use a false name or an e-mail address owned or controlled by another person with the intent to impersonate another person. We may refuse to grant you a username that impersonates someone else, is or may be protected by a trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Conduct on the Site
MBM.com is provided for your personal, noncommercial use only. You may not use MBM.com for any illegal or unauthorized purpose. Users are solely responsible for their conduct and any data, text, information, photos, links, and other content (hereby referred to as “Content”) that they submit, post, and display on the MBM.com website. We may, but have no obligation to, remove Content that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. By using MBM.com, you agree not to engage in the following illegal or unauthorized uses (or any other in the sole discretion of MBM.com): modifying, adapting, translating, or reverse engineering any portion of the MBM.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the MBM.com service; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the MBM.com service; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Users or otherwise interfering with other Users’ enjoyment of the service; submitting Content of any third party (for example, by linking) without such third party’s prior written consent; directing any user to any Content of any third party without such third party’s prior written consent; submitting Content that falsely expresses or implies that said Content is sponsored or endorsed by MBM.com; submitting Content that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature; submitting Content that is unlawful or that promotes or encourages illegal activity; or submitting false or misleading information. While MBM.com prohibits certain Content and conduct on this website, you understand and agree that you nonetheless may be exposed to such Content and that you use MBM.com at your own risk.
Ownership of Content, Copyright
The MBM.com website is protected by copyright under the copyright laws of the United States and other countries. You may not reproduce duplicate, copy, sell, resell, or otherwise exploit any Content on MBM.com for any commercial purpose without the express written consent of MBM.com. Excluding user-submitted Content, MBM.com and its content are owned by Miami Publishing, Inc. Users may print or download Content from this website for personal or noncommercial use, provided the user does not republish the Content and keeps intact all copyright and other proprietary notices. MBM.com also is concerned with respecting the copyright of others’ Content. If you believe that the copyright of your Content has been infringed, please contact us in writing using the above contact information and we will work with you to resolve the issue. Please have detailed information documented and ready to support your claim. To file a notice of infringement with SM.com, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. You can find this information on the U.S. Copyright Office website.
User Comments, Reviews, Communications, and Other Content
Part of the MBM.com Service includes user-submitted Content. If you do post Content, you grant MBM.com a nonexclusive, worldwide, royalty-free right to use, modify, and publish such Content, including in other formats not simply limited to websites. You also grant MBM.com the right to use the name that you submit in connection with such Content. By submitting any content to MBM.com, you represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify MBM.com or its affiliates for all claims resulting from Content you supply. MBM.com contains views, opinions, and statements of users and third parties. MBM.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through MBM.com.
Descriptions and Reviews
MBM.com and its affiliates attempt to be as accurate as possible when describing or reviewing products and locations. However, MBM.com makes no warranties that the product and location descriptions and any other Content of this website are accurate, complete, reliable, current, or error-free. If a product offered by MBM.com itself is not as described, your sole remedy is to return it in unused condition. MBM.com always suggests that you consult other legitimate mapping sources before traveling based on MBM.com descriptions and reviews. MBM.com is in no way responsible for any User problems resulting from the use of product and location descriptions and reviews on MBM.com.
Parties other than MBM.com provide Services or advertise product lines on MBM.com. We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. These links are a convenience to our users and do not constitute an endorsement by MBM.com. MBM.com does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review all third party privacy statements and other conditions of use.
You agree to hold harmless and indemnify Miami Publishing, Inc., from and against any third party claim arising from or in any way related to your use of the MBM.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
You agree that MBM.com shall have no liability for the deletion or failure to store or display any comments and other communications or other Content submitted for posting that is maintained on the site or transmitted using the website or features.
Termination of Use
SM.com may add to, change, delete, or terminate your use of the website Services at any time, for any reason, without notice to you. MBM.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Services. MBM.com reserves the right to refuse to offer Services to anyone at any time without notice.
Disclaimer of Warranties and Limitation of Liability
MBM.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or materials displayed on the MBM.com service. Miami Publishing, Inc., disclaims any and all responsibility and liability for the conduct of any user. ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SM.COM SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAGACITY MEDIA INC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE MBM.COM SERVICE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL SAGACITY MEDIA INC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SM.COM SERVICE, WHETHER OR NOT MIAMI PUBLISHING, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MBM.COM SERVICE, FROM INABILITY TO USE THE MBM.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SM.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL Miami Publishing, Inc. BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).
MBM.com makes no representation that materials on the website are appropriate, available, or legal in any particular location. Those who choose to access the website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Florida applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Flroida. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.