Terms & Condition
THESE TERMS AND CONDITIONS (“T&C”) CONSTITUTE A BINDING AGREEMENT. PLEASE READ THE T&C CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES.
Latin World Media Corp. d/b/a LifeStyle Miami (“LifeStyle Miami”, “we”, “us”, “our”) is a provider of an online magazine containing a variety of content and information and various digital products (collectively, the “Content”). The Content offered by LifeStyle Miami is comprised of (a) content and tools generated and developed by LifeStyle Miami or on its behalf (“Proprietary Content”), (b) content and tools that LifeStyle Miami sources from third party providers (“Third Party Content”) under license terms, and (c) Content generated by users of LifeStyle Miami and submitted and licensed to LifeStyle Miami hereunder (“User Generated Content,” as defined more fully below). Such Content and other services, as the case may be (“Services”) is provided to LifeStyle Miami users through this site www.lifestylemiami.com (“Site”) and all references to the “Site” encompass the Content and Services.
These T&C constitute the entire agreement between you and LifeStyle Miami regarding the subject matter hereof, except to the extent set forth below. These T&C supersede all prior versions of T&C or any other written or oral agreements previously in effect between LifeStyle Miami and you.
Modifications to the T&C
We reserve the right, at our sole discretion, to change, modify, add, or delete these T&C, or any portion hereof, at any time without further notice to you. If any material term is changed, we will post notification of such change on the Site and also revise these T&C to reflect such change. We will indicate at the bottom of these T&C the date these T&C were last revised. It is your responsibility to regularly check the Site to determine if there have been changes to these T&C and to review such changes.
Some Content or Services available through the Site may have additional terms, conditions and restrictions associated with them, which are or will be posted on those pages from which such Content or Services may be accessed. You agree that any and all such additional terms, conditions and restrictions will apply to your use of the Site if they are in conflict with these T&C, such additional terms, conditions and restrictions will control with respect to such Content or Services.
ANY AND ALL MODIFICATIONS TO THESE T&C WILL BE EFFECTIVE UPON POSTING. BY CONTINUING TO ACCESS OR USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE THEN CURRENT T&C. IF YOU DO NOT AGREE TO THESE T&C, LIFESTYLE MIAMI IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE THEREOF. YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING EMAIL TO: email@example.com.
Changes, Additions or Discontinuance
We reserve the right, at any time and in our sole discretion, to (a) change, modify, add, eliminate or discontinue the Site, Content and/or the Services, or any portion or feature thereof, and (b) impose fees, charges or other conditions for use of the Site, Content or the Services or parts thereof (with reasonable notice).
BY CONTINUING TO ACCESS OR USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO ANY SUCH CHANGES TO THE SITE. IF YOU DO NOT AGREE TO SUCH CHANGES, LIFESTYLE MIAMI IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE THEREOF. YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING EMAIL TO: firstname.lastname@example.org.
Eligibility to Access and Use the Site and Services
This Site is intended solely for users who are thirteen (13) years of age or older. By accessing and using the Site, you confirm and represent that you are thirteen (13) years of age or older. Certain portions of the Site may indicate they are accessible solely for users who are eighteen (18) years of age or older and who are not considered to be minors in the state of residence. By accessing and using such portions of the Site, you confirm and represent that you are eighteen (18) years of age or older.
If you are unsure about your ability to comply with these T&C, then you must refrain from accessing the Site or any portions thereof.
All users, whether visitors, registered members of LifeStyle Miami or persons otherwise using or accessing the Site are collectively referred to herein as “users”.
Registration Data and Account Security
By accessing and using the Site you acknowledge and agree (a) to provide accurate, current and complete information about you as may be requested by any registration forms or templates on the Site, (b) to maintain the security of your password, user ID and/or other access methods you may be granted as a registered member of LifeStyle Miami, (c) to maintain and promptly update your registration data, and any other information you provide to us, to keep it accurate, current and complete, and (d) that you are fully responsible for any and all use of your account and for any and all activities that occur through the use of any password, user ID or other access methods you may be granted as a registered member of LifeStyle Miami, whether or not such use is authorized by you. In addition, you agree not to access or attempt to access any password-protected portions of the Site without an authorized access method or through any means other than by utilizing your authorized access method on the appropriate web page or web tools.
You may not use another user’s account without such user’s permission. You may not register (a) for more than one user account, (b) on behalf of an individual other than yourself, or (c) on behalf of any group or entity.
You may choose to submit User Generated Content under an alias or screen name. You may not use an alias or screen name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable. By using your alias or screen name, you may not impersonate any individual or entity, or falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity. If you choose an alias or screen name, you will be responsible for all statements made and acts or omissions that occur through the use of your alias or screen name, whether or not authorized by you. Note that even if you choose to be publicly identifiable only by the alias or screen name, LifeStyle Miami’s records will retain your identity as the author of any User Generated Content you submit to the Site.
We reserve the right to immediately discontinue your access to and use of the Site and/or the Services and to cancel your password or other access methods for any reason and at any time, in our sole discretion.
Ownership and Intellectual Property Rights
You agree that the Site and all contents therein, including, without limitation, the Content, tools, works of authorship, software, text, information, data, graphics, images, photos, logos, button icons, audio, video, design, interactive features, structure, organization, data compilation, meta data, look and feel, advertising and any and all other features and elements, in any media or format, that are or may in the future become available through the Site, any improvements or modifications to such contents, any derivative works based thereon, and the collection, arrangement and assembly of all such contents, are (a) our property, (b) the property of our Third Party Content providers, or (c) the property of users that submitted User Generated Content, and are protected by United States and international copyright and other intellectual property laws.
Any use of the Site, other than as specifically authorized herein, without the prior written permission of LifeStyle Miami, is strictly prohibited and will terminate automatically your limited license granted herein. Such unauthorized use may also violate applicable laws including intellectual property laws and other applicable rules, regulations and/or statutes.
LIFESTYLE MIAMI and other trademarks, services marks and logos displayed and used via the Site are the proprietary trademarks or service marks of Latin World Media Corp. or third parties. The LIFESTYLE MIAMI mark may not be used in connection with any product or service that is not LifeStyle Miami’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit LifeStyle Miami or Latin Media World Corp. All other trademarks, service marks, and logos not owned by LifeStyle Miami that appear via the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LifeStyle Miami. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.
You acknowledge that you do not acquire any ownership rights in or to the Site or its contents through your access to and use thereof. There are no implied licenses or rights under these T&C and all rights not expressly granted herein are reserved to LifeStyle Miami.
Use of the Site
Absent our advance written consent, and except for your own User Generated Content, you may not use, download, upload, reproduce, copy, duplicate, print, sell, publish, distribute, license, transmit, disseminate, perform, display, post, broadcast, create new works from or derivative works based on, reformat, rearrange or modify the Content or Services, create abstracts from, scrape or display headlines from the Content, upload the Content or Services on any Internet, Intranet or Extranet site or incorporate the Content or Services in any other database or compilation, including any online bulletin boards, message boards, blogs, newsgroups, chat rooms, mail lists or in any other manner or otherwise exploit the Site, except that: (a) if an email, download or other sharing functionality is present with respect to a particular Content, you may use such functionality to share such Content with other individuals, and (b) with respect to Proprietary Content, where no email, download or sharing ability exists, you may occasionally distribute a single copy of a Content to other individuals without charge, solely for such individual’s personal, non-commercial use and provided that you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Site.
Note that with respect to Third Party Content or User Generated Content, you should not assume that you have the limited distribution rights granted in the foregoing paragraph. Such rights may be limited and subject to special terms, conditions and restrictions.
In addition you agree not to: (a) restrict, inhibit or otherwise interfere with any other visitor’s use of the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site or otherwise impairing or overburdening them; (b) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (c) “frame” or “mirror” any part of the Site without our prior written authorization; (d) use any robot, spider, site search/retrieval application, or other manual process or automatic device or application or extraction tool to access, monitor, copy, use, download, retrieve, index, extract, “data mine,” interact, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (e) harvest or collect email addresses or other contact information of visitors to the Site without their express written consent; (f) send unsolicited or unauthorized advertisements, spam, chain letters, or other communications to other users of the Site; (g) upload or transmit any User Generated Content that contains or embodies a software virus, worm, cancel bot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program, or otherwise violates the restrictions on such User Generated Content set forth in these T&C; or (h) violate any local, state, national or international law, rule, regulation or order of any court.
User Generated Content
General. The Site permits the submission of content by users, and the hosting, sharing and publishing of such user content, including, without limitation, user names, articles, events, information, data, projections, links, the ability to tag, rate, vote, offer predictions and comment on and engage in discussions regarding articles, companies, events and various topics, as well as private messages via LifeStyle Miami’s messaging system, alerts and reminders. Any such content, including, without limitation, information, graphics, audio, images, and links you submit as part of creating your user profile or in connection with any of the foregoing activities is referred to as “User Generated Content” in these T&C and is subject to terms and conditions set forth herein.
License. You agree that upon uploading, posting or submitting your User Generated Content on the Site, such User Generated Content shall be considered non-confidential information, and you automatically grant to us, a non-exclusive, fully transferable and sublicenseable, worldwide, fully paid-up, perpetual, irrevocable, unrestricted right and license to use, distribute, publicly perform, display, reproduce, modify, adapt, translate, incorporate into other works, create derivative works based on, and otherwise use and commercially exploit, your User Generated Content, in whole or in part, in any and all media formats and through any and all media channels, now known or hereafter devised, in any manner and for any purpose, without any duty to provide attribution or compensation to you. You also grant us the right to authorize the use by other users of the Site of your User Generated Content, or any portion thereof, in accordance with these T&C, including the rights to feature your User Generated Content specifically on the Site and to allow other users to request access to your User Generated Content, such as through an application programming interface (API), RSS Feed or other means.
You represent and warrant to us that you have all the necessary legal rights, power and authority to upload, post or submit User Generated Content and to grant us the foregoing license rights and that such actions will not violate any law or the rights of any person or entity.
LifeStyle Miami does not acquire any ownership rights in your User Generated Content; rather, as between you and LifeStyle Miami, and subject to the rights you granted to us hereunder, you retain ownership of all such User Generated Content.
Compilations and Other Derivative Works. Notwithstanding the foregoing, as between you and LifeStyle Miami, all rights, title and interest in and to any and all compilations, derivative works, and any and all other works created by or on behalf of LifeStyle Miami based on, incorporating or otherwise comprising your User Generated Content, shall be owned by LifeStyle Miami, subject to your rights in such User Generated Content.
Backup. You are solely responsible, at your sole cost and expense, for creating backup copies and/or replacing any User Generated Content you post or store on the Site or via the Services. When you post User Generated Content to the Site, you authorize us to make such copies and backups as we deem necessary in order to facilitate the posting and storage of User Generated Content on the Site.
Removal by User. In certain circumstances, User Generated Content may be removed from the Site after such User Generated Content is posted. For further information about such removal of User Generated Content, please contact us at email@example.com. Please note that “removal” of User Generated Content means only that it will not be visible to other users via the Site. All User Generated Content, whether removed or not, is retained by LifeStyle Miami and is subject to the license set forth above. Notwithstanding any removal by you from the Site of your User Generated Content, you agree that LifeStyle Miami’s license to your User Generated Content shall continue perpetually as specified above.
Rules of Conduct. You represent and warrant that your User Generated Content and any other actions you may take while using the Site shall not constitute, include or result in any of the following: (a) promotion of or incitement to hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity, (b) pornography or pedophilia materials, (c) direct or veiled threats against any person or group of people or content that is otherwise harmful, abusive, offensive, harassing, derisive, tortuous or objectionable, (d) invasion of privacy or violation or disclosure of the private and confidential information of any third party, including, without limitation, credit card numbers, Social Security Numbers, and driver’s and other license numbers, (e) violation of any right of publicity, (f) impersonation of others in a manner that is intended to or does mislead or confuse others, including, without limitation, with respect to any user name chosen by you, (g) use for unlawful purposes or for promotion of dangerous and illegal activities, (h) spamming or solicitations, including, without limitation, junk mail, “chain letters” or “pyramid” schemes of any sort or invitations to participate in any of them, (i) personal attacks, (j) profanity, obscenity or vulgarity, (k) business solicitations or advertising, (l) libel or defamation, (m) expression, suggestion or implication that any statements you make are endorsed by us, without our prior written consent, (n) content that you either know or should know is false, deceptive or misleading, or misrepresents or deceives others as to the source, accuracy, integrity or completeness, (o) infringement of any intellectual property or other proprietary rights of any individual or entity, (p) transmission of any non-public or otherwise restricted, confidential or proprietary information of any individual or entity without the express authorization of such individual or entity, (q) transmission of content which is prohibited under any law, rule, regulation or order of any court, or prohibited as a result of any employment, contractual, fiduciary or other legal obligation or relationship, or (r) violation of any local, state, national or international law, rule, regulation or order of any court.
Good Citizenship. When creating and submitting User Generated Content, you agree that such content represents your good faith views and is, to the best of your knowledge, true and correct, and is in accordance with these T&C and applicable law. You agree to refrain from disclosing any material, non-public information. You further agree that your User Generated Content will, in both tone and content, contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
Editorial Discretion. LifeStyle Miami has no obligation to pre-screen or monitor any User Generated Content and does not guarantee that User Generated Content will be truthful, accurate, complete, or of any quality or value or in compliance with these T&C.
Without limiting the generality of the foregoing, LifeStyle Miami reserves the right, in its sole discretion and without further notice to you, to monitor, investigate, censor, edit, modify, move, delete, or remove any User Generated Content posted on the Site, any emails, profiles or other personalized information or any Content transmitted to or from your account or a LifeStyle Miami email account, at any time and for any reason, including, without limitation, if LifeStyle Miami believes, in its sole discretion, that such modification of removal is necessary to (a) satisfy any applicable law, rule, regulation, legal process, subpoena or governmental request, (b) enforce these T&C, (c) protect the rights, property or safety of LifeStyle Miami, its Third Party Content providers, its users and/or the public, and/or (d) to maintain an environment of courteous, credible, responsible and open exchange of information. In the event LifeStyle Miami provides any notice of any nature indicating LifeStyle Miami has reviewed any User Generated Content, such notification shall not constitute verification by LifeStyle Miami of the information contained therein, or the accuracy, completeness or adequacy of such information.
Contact. If you have any comments on our policies, or any complaints or concerns of any kind about any User Generated Content, please contact us at firstname.lastname@example.org. Please note, however, that while we will endeavor to review all of the information that you communicate to us, we may not be able to take action or respond directly to each and every e-mail.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIFESTYLE MIAMI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) NOR ITS THIRD PARTY CONTENT PROVIDERS MAKES ANY WARRANTIES OR REPRESENTATIONS, AND LIFESTYLE MIAMI AND ITS THIRD PARTY content PROVIDERS HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATION AS TO THE AVAILABILITY, OPERATION, PERFORMANCE AND/OR USE OF THE SITE AND/OR content or services, OR ANY OTHER INFORMATION, CONTENT OR MATERIALS ON OR ACCESSED VIA THE SITE (INCLUDING USER GENERATED CONTENT OR ANY COMPONENTS THEREOF OR YOUR RELIANCE ON ANY USER GENERATED CONTENT), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, NEITHER LIFESTYLE MIAMI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES) OR ITS THIRD PARTY content PROVIDERS WARRANTS OR GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE SITE, content or SERVICES, USER GENERATED CONTENT, OR ANY OTHER INFORMATION, CONTENT OR MATERIALS ACCESSIBLE VIA THE SITE. NEITHER LIFESTYLE MIAMI NOR ITS THIRD PARTY content PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING ANY PROPRIETARY CONTENT, THIRD PARTY CONTENT OR USER GENERATED CONTENT. FURTHER, LIFESTYLE MIAMI AND ITS THIRD PARTY CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES AND USER GENERATED CONTENT AND ALL COMPONENTS THEREOF, AND ANY OTHER INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED VIA THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK..
Some jurisdictions do not allow the exclusion of implied warranties, therefore the above exclusions may not apply to you.
Notwithstanding any rules of conduct or provisions set forth in these T&C, LifeStyle Miami and its Third Party Content providers do not control and therefore are not responsible for the actions of users on or off the Site or for any User Generated Content that is offensive, inappropriate, obscene, unlawful, objectionable or is otherwise created or otherwise submitted in violation of these T&C.
The Site, Services and User Generated Content may include information, facts, views, opinions, projections and recommendations of individuals and organizations with an interest therein. Neither LifeStyle Miami nor any of its Third Party Content providers necessarily endorses, supports, sanctions, encourages, verifies, or agrees with these facts, views, opinions, projections or recommendations, or provides investment advice, or advocates the purchase or sale of any security or investment.
LifeStyle Miami does not and has no obligation to screen, edit, or review User Generated Content. You should be aware that other users may not be who they claim they are. We take no action to perform a background check on any of our users’ profiles. We do not guarantee that users’ profiles are accurate. You should also be aware that other users may use our Site for personal gain. User Generated Content may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any User Generated Content is at your own risk.
You also acknowledge that the Site and/or the Services may contain links to third party websites or services from other providers that may offer you the ability to download or access software, content or Services. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. LifeStyle Miami is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. LifeStyle Miami neither controls nor endorses or sponsors such advertisements or other websites or any content therein, and has not reviewed or approved any content that appears on such advertisements or other websites. IN NO EVENT WILL LIFESTYLE MIAMI OR ITS THIRD PARTY PROVIDERS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
No opinion, advice or statement of LifeStyle Miami (including its officers, directors, employees, agents and affiliates) its Third Party Content providers or any users, whether made on the Site, via the Services or otherwise, shall create any warranty hereunder.
Limitation of Liability
IN NO EVENT SHALL LIFESTYLE MIAMI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, TRADING LOSSES, LOSS OF PROFITS, OR DAMAGES FOR LOST TIME OR GOOD WILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, THE SERVICES OR ANY USER GENERATED CONTENT, OR ANY OTHER INFORMATION, CONTENT OR MATERIALS AVAILABLE VIA THE SITE, INCLUDING ANY PROJECTIONS OR PREDICTIONS PERTAINING TO FUTURE EVENTS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY OF THE SERVICES IS TO STOP USING THE SITE AND THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO LIFESTYLE MIAMI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION WHATSOEVER ARISING UNDER OR RELATED TO THIS AGREEMENT, (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BUT EXCLUDING GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR DEATH OR BODILY INJURY CAUSED BY LIFESTYLE MIAMI’S NEGLIGENCE), OR OTHERWISE), SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH DAMAGES, LOSSES, CLAIMS OR CAUSES OF ACTION.
If any applicable authority holds any portion of this section to be unenforceable, the liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify, defend and hold harmless LifeStyle Miami (including its officers, directors, employees, agents, representatives and affiliates) and its Third Party Content providers, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of these T&C, (b) use of the Site, or any information, content or materials contained, displayed or available therein, by you or any other person accessing the Site under your authorized access methods, (c) your violation of the rights, including intellectual property rights, of any third party, or (d) User Generated Content.
Further, you agree to cooperate fully in any LifeStyle Miami inquiry concerning actual, alleged, or potential violations of these T&C. You waive any and all rights against LifeStyle Miami (including its officers, directors, employees, agents, representatives and affiliates) and its Third Party Content providers and agree to indemnify, defend and hold them harmless in connection with any claims relating to any action taken by LifeStyle Miami as part of its investigation of a suspected violation or the result of its conclusion that a violation of these T&C has occurred, including, but not limited to, the removal of User Generated Content from the Site or the suspension or termination of your access to the Site.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see LifeStyle Miami Copyright Policy.
You are solely responsible for your interactions with other Site users. In the event that there is a dispute relating to the Site, Services or any User Generated Content between you and another user, you shall immediately notify us and keep us informed of any material updates thereto.
Fees and Payments
We reserve the right at any time to charge fees for access to portion of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior written agreement to pay such charges. Therefore, if at any time we require a fee for portions of the Content or Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited for charges for any products or services offered for sale through the Site by us or by any other vendor or service provider. All fees and charges shall be billed to an dpaid by you. You shall pay all applicable taxes relating to use of the Services through your account.
LifeStyle Miami may, at any time and in its sole discretion, for any or no reason and without prior notice to you, terminate your access to and use of the Site and/or any or all of the Services. Causes for such termination shall include, but are not limited to: (a) breaches or violations of the T&C or other agreements, policies or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) violation of third party copyrights or other intellectual property rights.
You may terminate your account at any time by sending an e-mail to: email@example.com. Upon termination you will receive an automated confirmation via e-mail that the request has been received and your access will be suspended within a specified period thereafter.
All sections of these T&C which by their nature survive termination shall continue in full force and effect beyond any termination of these T&C, including, without limitation, all provisions which relate to disclaimers, limitation of liability, waiver and indemnification.
The Site and the Services are directed solely to individuals residing in jurisdictions in which provision thereof is legal. We make no representation that any Content or Services provided on the Site are appropriate or available for use in other locations. Those who access the Site and use the Services from locations in which such access and use is illegal do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the scope of any Service we provide.
These T&C shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction, as to all matters, including, but not limited to, matters of validity, construction, effect, performance and remedies. In no event shall these T&C be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, UCITA whether enacted in whole or in part by any state or applicable jurisdiction, regardless of how codified shall not apply to this Agreement and is hereby disclaimed.
In connection with any litigation arising out of or relating to these T&C, each party consents to the exclusive jurisdiction and venue in the federal and state courts located in Miami, Florida.
In the event that any court having competent jurisdiction over the interpretation of these T&C shall finally determine that one or more of the provisions contained herein shall be unenforceable in any respect, then such provision shall be deemed limited and restricted to the extent that such court shall deem it to be enforceable, and, as so limited or restricted, shall remain in full force and effect. In the event that any such provision or provisions shall be deemed wholly unenforceable, such provision shall be deemed deleted from this Agreement, and the remaining provisions shall remain in full force and effect. Any such judicial interpretation requiring limitation or deletion of a provision shall be valid only in the jurisdiction in which such interpretation is made.
No failure or delay on the part of either party in the exercise of any right, power or remedy under these T&C shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy.
You may not assign or otherwise transfer these T&C or any rights or obligations hereunder.
Section headings in these T&C are for convenience only and shall not affect the interpretation of any provision of these T&C.
If you have any questions relating to these T&C, the Site, the Services or LifeStyle Miami, please contact: firstname.lastname@example.org