TourGuideMiKE's User Agreement & Legal Notice
A. TERMS AND CONDITIONS OF SERVICE
PLEASE READ THIS LEGAL NOTICE BEFORE USING THIS SITE. By continuing to access
or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF
THE TERMS OF THESE TERMS AND CONDITIONS.
From time to time, TourGuideMiKE, L.L.C. may modify these terms. Accordingly,
please continue to review these terms whenever accessing or using this site.
Your use of the site, or any service on this site will constitute YOUR ACCEPTANCE
OF THE TERMS OF THIS LEGAL NOTICE, as modified. If, at any time, you do not
wish to accept these terms, you should not use the site. Any terms and conditions
proposed by you which are in addition to or which conflict with these terms
and conditions of service are expressly rejected by TourGuideMiKE, L.L.C. and
shall be of no force or effect.
1. User Consent to Terms and Conditions of Service.
You represent that you have read and agree to be bound by the terms and conditions
of service ("TOS") for TourGuideMiKE, L.L.C.. You further agree: (a)
to comply with U.S. law regarding the transmission of any data obtained from
the Service (as defined herein) in accordance with the TOS, (b) not to use the
Service for illegal purposes, and (c) not to interfere or disrupt networks connected
to the Service.
2. Intellectual Property.
This Web site and all of its contents including, but not limited to, all text
and images ("Content") are owned and copyrighted by TourGuideMiKE,
L.L.C. or others with all rights reserved unless otherwise noted. Any Content
that is a trademark, logo, or service mark is also a registered and unregistered
trademark of TourGuideMiKE, L.L.C. or others. Your use of any Content, except
as provided in this TOS, without the written permission of the Content owner
is strictly prohibited. You agree to abide by all applicable copyright and other
laws, as well as any additional copyright notices or restrictions contained
in the Service. You are also advised that TourGuideMiKE, L.L.C. will aggressively
enforce its intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
3. Restrictions on Use.
You may not use the Service for any illegal purpose or in any manner inconsistent
with the TOS. You agree to use the Service solely for your own noncommercial
use and benefit, and not for resale or other transfer or disposition to, or
use by or for the benefit of, any other person or entity. You acknowledge that
the Service has been developed, compiled, prepared, revised, selected and arranged
by TourGuideMiKE, L.L.C. and others (including certain other information sources)
through the application of methods and standards of judgment developed and applied
through the expenditure of substantial time, effort and money and constitutes
valuable intellectual property and trade secrets of TourGuideMiKE, L.L.C. and
such others. You agree to protect the proprietary rights of TourGuideMiKE, L.L.C.
and all others having rights in the Service during and after the term of this
agreement and to comply with all reasonable written requests made by TourGuideMiKE,
L.L.C. or its suppliers of content, equipment or otherwise ("Suppliers")
to protect their and others' contractual, statutory and common law rights in
the Service. You agree to notify TourGuideMiKE, L.L.C. in writing promptly upon
becoming aware of any unauthorized access or use of the Service by any party
or of any claim that the Service infringes upon any copyright, trademark or
other contractual, statutory or common law rights.
4. Further Restrictions on Use.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer,
distribute, publish, display, perform, modify, upload to, create derivative
works from, transmit or in any way exploit any part of the service, except
that you may download material from the service and/or make print copies for
your own personal, noncommercial use, provided that you retain all copyright
and other proprietary notices.
The analysis and presentation included in the service may not be re-circulated,
redistributed or published by you without prior written consent from TourGuideMiKE,
L.L.C. Modification of the service's content would be a violation of TourGuideMiKE,
L.L.C. copyright and other proprietary rights. Additionally, you may not offer
any part of the service for sale or distribute it over any other medium including
but not limited to over-the-air television or radio broadcast, Internet posting
boards, Internet chat rooms, a computer network or hyperlink framing on the
Internet without the prior written consent of TourGuideMiKE, L.L.C..
The service and information contained therein may not be used to construct
a database of any kind. Nor may the service be stored (in its entirety or in
any part) in databases for access by you or any third party or to distribute
any database services containing all or part of the service. You may not use
the service in any way to improve the quality of any data sold or contributed
by you to any third party. Furthermore, you may not use any of the TourGuideMiKE,
L.L.C. trademarks, trade names, service marks or logos in any manner which creates
the impression that such names and marks belong to or are associated with you
or are used with consent by TourGuideMiKE, L.L.C., and you acknowledge that
you have no ownership rights in and to any of these names or marks. You will
not use the service or the information contained herein in unsolicited mailings.
You will not use any of the TourGuideMiKE, L.L.C. trademarks, trade names, service
marks or logos in unsolicited mailings. You will not send unsolicited mailings
to any person or entity using the service. You agree to comply with any other
applicable terms and conditions or service set forth on the service, including
the linking and framing policy.
5. Postings.
TourGuideMiKE, L.L.C. is under no obligation to review any messages, opinions,
information or content (postings) posted on the site by users and assumes no
responsibility or liability relating to any such postings. However, TourGuideMiKE,
L.L.C. will monitor the postings on the site and may decline to accept and/or
remove any postings that contain:
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Any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including, but not limited
to, any material which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law |
|
Advertisements or solicitations of any kind |
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Messages posted by users impersonating others |
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Messages that are considered outside the scope
and topic of a particular discussion forum |
|
Personal information such as messages which state
phone numbers, social security numbers, account numbers, addresses, or employer
references |
|
Messages that offer unauthorized downloads of
any copyrighted or private information |
|
Chain letters of any kind |
TourGuideMiKE, L.L.C. will fully cooperate with any law enforcement authorities
or any court order requesting or directing TourGuideMiKE, L.L.C. to disclose
the identity of anyone posting or transmitting any such information or materials.
6. License.
You acquire absolutely no rights or licenses in or to the Service and materials
contained within the Service other than the limited right to utilize the Service
in accordance with the TOS. Should you choose to download content from the Service,
you must do so in accordance with the TOS. Such download is licensed to you
by TourGuideMiKE, L.L.C. only for your own personal, noncommercial use in accordance
with the TOS and does not transfer any other rights to you.
7. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights,
trademarks, service marks, know-how and other proprietary rights of any type
under the laws of any governmental authority, domestic or foreign, including
rights in and to all applications and registrations relating to the Service
(the "Intellectual Property Rights") shall, as between you and TourGuideMiKE,
L.L.C., at all times be and remain the sole and exclusive property of TourGuideMiKE,
L.L.C. All present and future rights in and title to the Service (including
the right to exploit the Service and any portions of the Service over any present
or future technology) are reserved to TourGuideMiKE, L.L.C. for its exclusive
use. Except as specifically permitted by the TOS, you may not copy or make any
use of the Service or any portion thereof. Except as specifically permitted
herein, you shall not use Intellectual Property Rights or the Service, or the
names of any individual participant in, or contributor to, the Service, or any
variations or derivatives thereof, for any purpose, without prior written approval
by TourGuideMiKE, L.L.C.
8. No Guarantees.
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT
ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not apply to you.
Without limiting the foregoing, TourGuideMiKE, L.L.C. neither warrants nor represents
that your use of any Content will not infringe the rights of any third parties
nor that the Content will be accurate, complete, or up-to-date. Additionally,
with reference to any discussions, postings, transmissions, and the like that
may be on the Site, TourGuideMiKE, L.L.C. assumes no responsibility or liability
arising from any infringing, threatening, false, misleading, abusive, harassing,
libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law, contained in any such locations on the Site.
9. Disclaimer and Limitation of Liability.
TourGuideMiKE, L.L.C. does not give any warranty or other assurances as to the
operation, quality or functionality of the site or its fitness for any particular
purpose. Access to the site may be interrupted, restricted or delayed for any
reason. Although TourGuideMiKE, L.L.C. attempts to ensure the timeliness and
accuracy of the site, it does not give any warranty or other assurances as to
the content of the material appearing on the site, its accuracy, completeness,
timeliness or fitness for any particular purpose. You agree that your use of
the service is at your sole risk and acknowledge that the service and anything
contained therein, including, but not limited to, content, services, goods or
advertisements are provided "as is" about which TourGuideMiKE, L.L.C.
makes no warranty of any kind, express or implied, including, but not limited
to, merchantability, non-infringement, title or fitness for a particular purpose
or use.
TourGuideMiKE, L.L.C. does not warrant that the service is compatible with
your equipment or that the service is free of errors or viruses, and is not
liable for any damage you may suffer as a result of such destructive features.
You agree that TourGuideMiKE, L.L.C. shall have no responsibility or liability
for (I) any damages, any lost profits, losses, punitive, incidental or consequential
damages or any claim against TourGuideMiKE, L.L.C. by any other party or (II)
any fault, inaccuracy, omission, delay or any other failure in the service caused
by your computer equipment or arising from your use of the service on such equipment,
or by any party other than TourGuideMiKE, L.L.C.
The content of other web sites, services, good or advertisements that may be
linked to the service is not maintained or controlled by TourGuideMiKE, L.L.C.
TourGuideMiKE, L.L.C. is therefore not responsible for the availability, content
or accuracy of other web sites, services or goods that may be linked to, or
advertised on, the service. TourGuideMiKE, L.L.C. is also not responsible for
the reliability or continued availability of the telephone lines, modems, or
equipment you use to access the service. You understand that TourGuideMiKE,
L.L.C. and/or third-party contributors to the service may choose at any time
to inhibit or prohibit their content from being accessed under the TOS.
10. Limitation of Liability.
Under no circumstances, including but not limited to negligence, shall TourGuideMiKE,
L.L.C. be liable to you for direct, indirect, incidental, consequential, special,
punitive or exemplary damages even if a TourGuideMiKE, L.L.C. authorized representative
has been advised specifically of the possibility of such damages, arising from
use or inability to use the service or any provision of the TOS, such as, but
not limited to, loss of revenue or anticipated profits or lost business. In
no event shall total liability from TourGuideMiKE, L.L.C. to you for all damages,
losses and causes of action (whether in contract or tort, including but not
limited to, negligence) exceed the amount paid by you, if any, for accessing
this site.
11. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority
to enter into this agreement; (b) you are at least eighteen (18) years old;
(c) you shall not use any rights granted hereunder for any unlawful purpose;
and (d) you shall use the Service only as set forth in the TOS.
12. Governing Law.
These TOS shall be governed and construed in accordance with the laws of the
United States and the State of Florida, without giving effect to conflicts-of-law
principles thereof. You agree to submit to the personal jurisdiction of the
state and federal courts located in Orange County in the State of Florida with
respect to any legal proceedings that may arise in connection with the Service
or from a dispute as to the interpretation or breach of the TOS.
13. Miscellaneous.
You accept that TourGuideMiKE, L.L.C. has the right to change the content or
technical specifications of any aspect of the Service at any time at the sole
discretion of TourGuideMiKE, L.L.C. You further accept that such changes may
result in your being unable to access the Service.
14. Headings.
The section titles in the TOS are used solely for the convenience of you and
have no legal or contractual significance.
15. Severability.
If any provision of the TOS is found invalid or unenforceable, that provision
will be enforced to the maximum extent permissible, and the other provisions
of these TOS will remain in force.
16. Entire Agreement.
The TOS and any other terms and conditions of service on TourGuideMiKE.com and
its successor, constitute the entire agreement between you and TourGuideMiKE,
L.L.C. and govern your use of the Service.
B. INTELLECTUAL PROPERTY ISSUES
TourGuideMiKE, L.L.C. respects the intellectual property of others, and we ask
our users to do the same. TourGuideMiKE, L.L.C. may, in appropriate circumstances
and at its sole discretion, terminate links with web sites that infringe the
copyright rights of others.
If you believe that your work has been copied and is accessible on the TourGuideMiKE,
L.L.C. service in a way that constitutes copyright infringement, or that the
TourGuideMiKE, L.L.C. service contains links or other references to another
online location that contains material or activity that infringes your copyright
rights, you may notify TourGuideMiKE, L.L.C. by providing the copyright representative
of TourGuideMiKE, L.L.C. the information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
§512.
Contacting TourGuideMiKE, L.L.C. Concerning Privacy or Usage Terms
TourGuideMiKE, L.L.C.'s agent for notice of claims of copyright infringement
on or regarding this Web site can be reached as follows:
By mail:
TourGuideMiKE, L.L.C.
23 Marbella Court
Palm Coast, FL 32137
USA
By email:
legal@TourGuideMiKE.com
