TERMS OF USE

This website, ArtsDecoderTampaBay.com is owned by Arts Decoder and¬†contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use this website is governed by these Terms of Use and our Privacy Policy (collectively, “Terms”), and you should take the time to review both carefully before you use this website. By using this website in any way, you are agreeing to comply with these Terms. Arts Decoder reserves the right to change the Terms at any time and for any reason for this website. Updated versions of the Terms will be posted to this website at https://www.artsdecodertampabay.com/termsofuse, and you should visit this web page periodically to keep apprised of any changes. By continuing to use this website after any such change, you accept and agree to the modified Terms. Arts Decoder reserves the right to modify or discontinue, temporarily or permanently, this website, any of this website’s features, rules or conditions, all without notice, even though such changes may affect the way you use this website. You agree that Arts Decoder will not be liable to you or any third-party for any modification or discontinuance of this website.

USER CONDUCT

Without limitation, you agree to refrain from the following actions while using this website:

  1. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, and in particular, that is harmful to minors, physically threatening, invasive of another’s privacy, defamatory, obscene, or that contains hate speech, as well as material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation,;
  2. Impersonating an employee of Arts Decoder Tampa Bay or falsely claiming affiliation with Arts Decoder Tampa Bay;
  3. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any materials transmitted through this website;
  4. A. Posting adult content or explicit adult material, B. Posting, anywhere on this website, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts;
  5. Harming minors in any way;
  6. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  7. Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas of this website specifically designated for such purpose;
  8. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
  9. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of this website unless expressly permitted by this website’s owners;
  10. Taking any action creating a disproportionately large usage load on this website unless expressly permitted by this website’s owners;
  11. Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
  12. Gaining or attempting to gain unauthorized access to non-public areas of this website. In addition, if you have a password to a non-public area of this website, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
  13. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of this website; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of this website, its content or information available from this website without the express written consent of the owners of this website;
  14. Interfering with or disrupting this website or servers or networks through which this website is provided;
  15. Stalking or otherwise harassing any other person;
  16. Using this website to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of this website. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of this website and its social media channels, including but not limited to comments and messages posted in response to our news articles and other publishings on this website (collectively, “User Content”) are solely the responsibility of the person from whom such User Content originated. You agree that this website may or may not, in its sole discretion, pre-screen, monitor or approve any User Content, but that this website shall have no obligation to pre-screen, monitor, or approve such Content. Any user who violates these Terms may be permanently banned, at our sole discretion, from posting or using this website.

You acknowledge, consent and agree that this website may access, preserve and disclose your information and User Content you upload, post, or otherwise make available on this website if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

  1. comply with legal processes;
  2. enforce these Terms;
  3. respond to claims that any Content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of this website, its users and the public.

USE OF MATERIALS

Any User Content that you post, transmit, or otherwise make available for viewing on public areas of this website like comments and messages posted in response to our news articles and other publishings on ArtsDecoderTampaBay.com (collectively, “User Content”), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by Arts Decoder or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant Arts Decoder (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.

COPYRIGHT AND TRADEMARKS

All materials on this website, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to this website or owned by other parties who have posted on this website. Materials from this website and from any other website owned, operated, controlled, or licensed by Arts Decoder may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on this website, you grant this website, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.

PRIVACY POLICY

This website has created a Privacy Policy setting forth how information collected about you is collected, used and stored. Your use of this website constitutes acknowledgment and agreement with our Privacy Policy. You further acknowledge and agree that this website may use your personal information in the manner described in our Privacy Policy.

LINKS

This website has no control over and is not responsible for the content of or claims made on websites that may be linked to or from this website, whether or not they may be affiliated with this website. Any websites linked to or from this website are for your convenience only, and you access them at your own risk.

RELEASE

Arts Decoder assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on this website. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on this website is the responsibility of the person or persons posting the message. You understand that this website is not responsible for User Content available on this website. This website shall not be responsible for any interaction between you and the other users of this website. Your dealings with others through this website are solely between you and such other parties. Under no circumstances will Arts Decoder be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Arts Decoder is under no obligation to become involved in any disputes between you and other users of this website or between you and any other third parties.

You are entirely responsible and liable for any User Content that you post.

DISCLAIMER OF WARRANTIES FOR THIS WEBSITE

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON ANY CLASSIFIEDS WEB PAGES. THIS WEBSITE 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, TITLE AND NON-INFRINGEMENT. THIS WEBSITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS WEB PAGES OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

The information, services and products available to you on this website may contain errors and are subject to periods of interruption. While Arts Decoder does its best to maintain the information, services and products it offers on this website, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of this website.

IN NO EVENT SHALL THIS WEBSTE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO

  1. THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS WEBSITE,
  2. ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, OR
  3. ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THIS WEBSITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THIS WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THIS WEBSITE OR PARTICIPATION IN ANY WEBSITE’S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THIS WEBSITE.

INDEMNITY

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, the violation of these Terms by you, or the infringement by you, or other users of this website using your computer, of any intellectual property or other right of any person or entity. Arts Decoder reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Jurisdiction and Choice of Law: These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to this website, shall be brought only in either the state or Federal courts located in the county of St. Lucie, and you expressly consent to the jurisdiction of said courts. You also 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 this website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL

These Terms constitute the entire agreement between you and Arts Decoder and govern your use of this website, superseding any prior agreements between you and Arts Decoder. 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, or visit another site linked to this website. The section titles in these Terms are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of these Terms by email to hello@artsdecodertampabay.com

SEVERANCE AND WAIVER

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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. Arts Decoder’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arts Decoder.

Effective Date: March 10, 2019
Updated Date: April 5, 2022
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