HOLIDAYSMART Parties (“we”, “us”, “our”, “HOLIDAYSMART”) refers to and shall include all HOLIDAYSMART divisions, subsidiaries, partners, parent company, sister companies.
Acceptance of User Agreement
By using the Services in any manner, including but not limited to, visiting or browsing or accessing the Site, submitting or contributing content, registering on the site or using Services we offer, you agree to be bound by the Terms of this User Agreement and all other rules, policies and procedures that may be published from time to time on the Site by us without notice to you.
Some Services we offer may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.
REGISTRATION / ACCOUNT
You may register for an account on the Site ("Account"). You can use the Site without an Account, however, certain Services, such as posting, submitting photos, articles or other Content, require you to register for an Account.
If you create an account on the Site, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken with respect to the Account. You must provide accurate and complete information and keep your Account information updated. You must not select or use a username that is subject to any rights of a person other than yourself. User names that are offensive, vulgar or obscene are not permitted.
By connecting your Account to your Facebook Account, you are permitting us access to your information from your Facebook profile for use by the Site or Services. You can control the amount of information that is accessible to us by adjusting your Facebook account privacy settings.
“Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site.
HOLIDAYSMART contains content submitted by varying sources. Content on this Site is provided "as is" without warranty of any kind. The Content is not deemed accurate or reliable by HOLIDAYSMART. All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. This Site may contain technical inaccuracies or typographical errors. You acknowledge that all Content, including User Contributed Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services or Site is or will continue to be accurate. Content can be anything pertaining to Florida, the good, the bad and the ugly. While we try to keep the majority of our Content rated for all ages and more positive, we allow content that is related to anything Florida.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (A) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (B) to remove or block any Content from the Services.
Notices and Restrictions. The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.
Use of Content. Subject to this User Agreement, you may not copy, reproduce, distribute, publish, enter into a database, store, license, rent, modify, create derivative works from, display, transmit or use any part of the Site Content, except as permitted for personal use only, without our expressed written consent.
Copyright Infringement and DMCA Policy
If you believe that material or content located on HOLIDAYSMART violates your copyright, please notify us in accordance with our Copyright & DMCA Policy. We will respond to all notices promptly.
Responsibility of Contributors
Any Content added, submitted, posted, uploaded to the Site by Contributors (“Contributor Content” or “CC”), whether posted publicly or privately transmitted, is the sole responsibility of the person who originated the CC. By submitting content, or otherwise make material available by means of this Site, you are entirely responsible for the Content and any harm resulting from that Content. By posting or submitting Content of any kind, you warrant that:
· all Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations
· all Content provided by you will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
· if the Content you submit is not your copyrighted Content, you have received permission from the copyright owner to post or submit the Content.
· The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive elements.
· The Content is not spam, machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, boost search engine rankings of third party sites, contain unlawful material or acts, or mislead users as to the source of the Content.
- The Content is not violent, nude, partially nude, pornographic, sexually suggestive, discriminatory, unlawful, infringing, hateful, violent, or contain any threats or incites any of the above.
License Grant. By submitting Content through the Site or Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and HOLIDAYSMART, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this Section shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content, including after your termination of your Account or the Services. This license grant to us and our users does not affect your other ownership or license rights to your Content, including the right to grant additional licenses to your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
You release us from all liability for you having acquired or not acquired Content through the Site or Services. We make no representations concerning any Content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Site.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, HOLIDAYSMART CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HOLIDAYSMART MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HOLIDAYSMART OR VIA THE SITE OR SERVICE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
HOLIDAYSMART DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL HOLIDAYSMART BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF USE OF USE OF; (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE, SITE OR ANY FEATURES OR APPLICATIONS; (E) ANY ERRORS IN THE OPERATION OF THE SERVICE; (F) ANY DAMAGE TO USERS EQUIPMENT OR TECHNOLOGY THAT MAY OCCUR INCLUDING BUT NOT LIMITED TO SECURITY BREACH, VIRUSES, BUGS, FRAUD, ERROR, OMISSION, INTERRUPTIONS, DEFECTS, OTHER TECHNICAL MALFUNCTIONING, EVEN IF FORESEEABLE OR KNOWN AS POSSIBILITIES OR BY NEGLIGENCE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELLECTUAL PROPERTY OWNERS; (H) ANY ACTION TAKEN IN CONNECTION WITH LAW ENFORCEMENT OR AUTHORITIES REGARDING YOU OR ANY OTHER USERS USE OF SERVICE.
IN NO EVENT WILL HOLIDAYSMART BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IF YOU LIVE IN A STATE OR REGION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THESE INSTANCES AND IN NO EVENT WILL HOLIDAYSMART LIABILITY TO YOU OR ANYONE ELSE EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.
YOU AGREE THAT BY USING THIS SITE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY AND ALL CLAIMS AGAINST HOLIDAYSMART.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.