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OUR TERMS OF SERVICE
The following TOS must be agreed to before you can establish your OsceolaInfo.com Account. At the bottom of this page you will find a button that will allow you to continue the registration process. Clicking on the button constitutes acceptance of the TOS.
1. ACCEPTANCE OF THE TERMS OF SERVICE
Welcome to OsceolaInfo.com. OsceolaInfo.com provides its service to you, subject to the
following Terms of Service ('TOS'), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: Click Here. In addition, when using
particular OsceolaInfo.com services, you and OsceolaInfo.com shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
TOS. OsceolaInfo.com also may offer other services that are
governed by different Terms of Services. OsceolaInfo.com, designees of OsceolaInfo.com, and contracted web site related designers are governed by the TOS where it relates to OsceolaInfo.com.
2. DESCRIPTION OF SERVICE
OsceolaInfo.com currently provides users with access to a collection of on-line
resources AND on-line shopping (the 'Service'). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
OsceolaInfo.com properties, shall be subject to the TOS. You understand and agree that
the Service is provided 'AS-IS' and that OsceolaInfo.com assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay any
service fees associated with such access. OsceolaInfo.com is not assumes no responseblity
in your connection, equipment, or access to the World Wide Web or our site.
3. 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 OsceolaInfo.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
OsceolaInfo.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). OsceolaInfo.com is
concerned about the safety and privacy of all its users, particularly children. For
this reason, parents of children under the age of 14 who wish to allow their
children access to the Service should monitor all of the child's activity while using the Service.
OsceolaInfo.com is not responsible for content posted by users and or OsceolaInfo.com content managers.
4. OsceolaInfo.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
to review by OsceolaInfo.com designees only. This information will not be sold or given
out except to properly identified law enforcement personnel.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive 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 OsceolaInfo.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. OsceolaInfo.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, software, music, sound,
photographs, graphics, video, 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 OsceolaInfo.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. OsceolaInfo.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 OsceolaInfo.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:
- upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a OsceolaInfo.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, 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);
- upload, 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;
- upload, 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, except
in those areas (such as shopping rooms) that are designated for such
purpose;
- upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- 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;
- 'stalk' or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that OsceolaInfo.com does not pre-screen Content, but that OsceolaInfo.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, OsceolaInfo.com and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by OsceolaInfo.com or submitted to OsceolaInfo.com, including without limitation
information in OsceolaInfo.com Discussion Boards, OsceolaInfo.com Members Area, and in all other parts of
the Service.
You acknowledge and agree that OsceolaInfo.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 OsceolaInfo.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 CONSIDERATIONS 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. PUBLIC CONTENT POSTED TO OsceolaInfo.com
(a) For purposes of the TOS, 'publicly accessible areas of the Service' are
those areas of the OsceolaInfo.com properties accessible by the general
public.
(b) With respect to Content you elect to post for inclusion in publicly accessible
areas of OsceolaInfo.com that photos or other graphics you elect to
post, you grant OsceolaInfo.com the
world-wide, royalty free and non-exclusive license to reproduce, modify, adapt
and publish such Content on the Service solely for the purpose of displaying,
distributing and promoting the specific OsceolaInfo.com to which such Content was
submitted, or, in the case of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the Service. This license exists only for
as long as you elect to continue to include such Content on the Service and shall
be terminated at the time you delete such Content from the Service.
9. INDEMNITY
You agree to indemnify and hold OsceolaInfo.com, and its subsidiaries, affiliates, officers,
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 acknowledge that OsceolaInfo.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that messages, discussion board postings or other uploaded
Content will be retained by the Service, the maximum number of
messages that may be sent from or received by an account on the Service, the
maximum size of any message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
OsceolaInfo.com's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that OsceolaInfo.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 OsceolaInfo.com
reserves the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that OsceolaInfo.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
OsceolaInfo.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 OsceolaInfo.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 OsceolaInfo.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 OsceolaInfo.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. OsceolaInfo.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 OsceolaInfo.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 OsceolaInfo.com shall not be liable to
you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that OsceolaInfo.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because OsceolaInfo.com has no control over such sites
and resources, you acknowledge and agree that OsceolaInfo.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 OsceolaInfo.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.
16. OsceolaInfo.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ('Software') contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by OsceolaInfo.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE'
BASIS. OsceolaInfo.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. OsceolaInfo.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM OsceolaInfo.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OsceolaInfo.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF OsceolaInfo.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. 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.
22. TRADEMARK INFORMATION
OsceolaInfo.com, the OsceolaInfo.com logo, and other OsceolaInfo.com designs, logos, product names, and service names are trademarks
of OsceolaInfo.com. Without OsceolaInfo.com's prior permission, you
agree not to display or use in any manner, the OsceolaInfo.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
OsceolaInfo.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, please provide OsceolaInfo.com's the
following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located
on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and OsceolaInfo.com and govern
your use of the Service, superceding any prior agreements between you and
OsceolaInfo.com. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and OsceolaInfo.com shall be
governed by the laws of the State of Florida without regard to its conflict of
law provisions. You and OsceolaInfo.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the city of Kissimmee, Florida.
The failure of OsceolaInfo.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.
25. VIOLATIONS
Please report any violations of the TOS to OsceolaInfo.com.
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