2. DESCRIPTION OF SERVICE
Miami-Hurricanes.com currently provides
users with access to a rich collection of resources, including,
various communications tools, forums and shopping services.
You also understand and agree that the service may include
certain communications from miami-hurricanes.com, such as
service announcements and administrative messages and that
these communications are considered part of miami-hurricanes.com
membership and you will not be able to opt out of receiving
them. You understand and agree that the Service is provided
"AS-IS" and that miami-hurricanes.com assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
You are responsible for obtaining access
to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees
associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds
to suspect that such information is untrue, inaccurate,
not current or incomplete, miami-hurricanes.com has the
right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion
thereof).
4. COPYRIGHTS and COPYRIGHT AGENTS
Miami-Hurricanes.com respects the intellectual
property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide
Miami-Hurricanes.com with the following information:
A. An electronic or physical signature of
the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
B. A description of the copyrighted work or other intellectual
property that you claim has been infringed;
C. A description of where the material that you claim is
infringing is located on the site;
D. Your address, telephone number, and email address;
E. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
F. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner's behalf.
Miami-Hurricanes.com office for claims of
copyright or other intellectual property infringement can
be reached as follows:
By email: copyright@miami-hurricanes.com
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will define a password and account designation
upon completing the Service's registration process. You
are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account. You
agree to (a) immediately notify miami-hurricanes.com of
any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from
your account at the end of each session. Miami-Hurricanes.com
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data,
text messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. This means that you, and not miami-hurricanes.com,
are entirely responsible for all Content that you post,
email, transmit or otherwise make available via this Service.
Miami-Hurricanes.com does NOT control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that
by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances
will miami-hurricanes.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
A. Post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, torturous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not
limited to, a miami-hurricanes.com employee, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
D. Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
E. Post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
F. Post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights")
of any party;
G. Post, email, 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.
H. Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
I. Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
J. "Stalk" or otherwise harass another; or
K. Collect or store personal data about other users.
You acknowledge that miami-hurricanes.com
does not pre-screen Content, but that miami-hurricanes.com
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing,
miami-hurricanes.com and its designees shall have the right
to remove any Content that violates the TOS or is otherwise
objectionable.
You acknowledge and agree that miami-hurricanes.com
may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of
miami-hurricanes.com, its users and the public.
You understand that the technical processing
and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
Miami-Hurricanes.com does not claim ownership
of Content you submit or make available for inclusion on
the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas
of the Service, you grant miami-hurricanes.com the following
worldwide, royalty free and non-exclusive license(s), as
applicable:
"Publicly accessible" areas of
the Service are those areas of miami-hurricanes.com that
are intended by us to be available to the general public.
By way of example, publicly accessible areas of the Service
would include the Message Boards.
9. INDEMNITY
You agree to indemnify and hold miami-hurricanes.com,
and its affiliates, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to
the Service.
11. GENERAL PRACTICES REGARDING USE AND
STORAGE
You agree that miami-hurricanes.com has
no responsibility or liability for the deletion or failure
to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that miami-hurricanes.com reserves the right to log off
accounts that are inactive for an extended period of time.
You further acknowledge that miami-hurricanes.com reserves
the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Miami-Hurricanes.com reserves the right
at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that miami-hurricanes.com
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that miami-hurricanes.com, in
its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if miami-hurricanes.com
believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Miami-Hurricanes.com
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that miami-hurricanes.com
may immediately deactivate or delete your account and all
related information and files in your account and/or bar
any further access to such files or the Service. Further,
you agree that miami-hurricanes.com shall not be liable
to you or any third-party for any termination of your access
to the Service.
14. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because miami-hurricanes.com has no control over such sites
and resources, you acknowledge and agree that miami-hurricanes.com
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
materials on or available from such sites or resources.
You further acknowledge and agree that miami-hurricanes.com
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 site
or resource.
15. NOTICE
Notices to you may be made via either email
or regular mail. The Service may also provide notices of
changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
16. TRADEMARK INFORMATION
Miami-Hurricanes.com, the Miami-Hurricanes.com
logos and product and service names are trademarks of Miami-Hurricanes.com.
Without Miami-Hurricanes.com prior permission, you agree
not to display or use in any manner, the Miami-Hurricanes.com
marks.
17. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and miami-hurricanes.com and govern your use
of the Service, superceding any prior agreements between
you and miami-hurricanes.com. The TOS and the relationship
between you and miami-hurricanes.com shall be governed by
the laws of the State of Florida without regard to its conflict
of law provisions. You and miami-hurricanes.com agree to
submit to the personal and exclusive jurisdiction of the
courts located within the county of Pinellas, Florida. The
failure of miami-hurricanes.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
18. VIOLATIONS
Please report any violations of the TOS to our Customer
Care group.