Terms of Service
Thanks for using our products and services (“Services”). The Services are provided by Image Building Media, LLC (“Image Building Media”).
enjoyFloridaBeaches.com ("Network") is a network of websites, of which enjoyFortMyersBeachFl.com ("Website") is a website in the network, and is a wholly owned division of Image Building Media, LLC. Both enjoyFloridaBeaches.com, enjoyFortMyersBeachFl.com, and all the websites in the Network are products of Image Building Media, LLC, and use of any website in the Network is subject to these Terms.
The following terms and conditions govern all use of the Network and Website, including all Services available at or through the Network and through Image Building Media. The Network, and all services by Image Building Media, are offered subject to your acceptance without modification of all of the Terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site.
Please read this Agreement carefully before accessing or using any website in the Network. By accessing or using any part of the Network, you agree to be bound by the Terms and conditions of this agreement. If you do not agree to all the Terms and conditions of this agreement, then you may not access the website or use any Services. The Network websites are available only to individuals who are at least 13 years old.
Your Account, Business Listing, and Business Page
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 in connection with your account. You must not describe or assign keywords to your pages in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Image Building Media of any unauthorized uses of your account, or any other breaches of security. Image Building Media will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Spam is forbidden. We have zero tolerance for spam.
Content must be lawful in accordance with local, state, and federal laws. Image Building Media reserves the right not to host or publish any content we feel is offensive, such as pornography.
Responsibility of Contributors
If you contribute material to the Network or Website, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, video, or anything else. By making content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Image Building Media or otherwise.
By submitting content to Image Building Media for inclusion in the Network or a particular website, you grant Image Building Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting the Network and all websites in the Network. If you delete content, Image Building Media will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable; and you also acknowledge that Image Building Media may continue using the content for promotial or other reasons as described above.
Without limiting any of those representations or warranties, Image Building Media has the right (though not the obligation) to, in Image Building Media’s sole discretion (i) refuse or remove any content that, in Image Building Media’s reasonable opinion, violates any Image Building Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Image Building Media’s sole discretion. Image Building Media will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
You agree to pay Image Building Media agreed upon fees.
Responsibility of Website Visitors
Image Building Media has not reviewed, and cannot review, all of the material, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Image Building Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Network and Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Network and Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Image Building Media disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Network and Website link, and that links to the Network and Website. Image Building Media does not have any control over those websites and web pages, and is not responsible for their contents or their use. By linking to a website or web page, Image Building Media does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Image Building Media disclaims any responsibility for any harm resulting from your use of websites and web pages.
You are not permitted to use your account with Image Building Media as a backup/storage device, and agree to abide by file limitations, including file types and number of files, in your account agreement. (For example, you are not permitted to keep a backup of your office computer on the website.)
You agree that files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage. Customers may not run IRC, bots or clients. Clients may not use servers for file storage unrelated to the client's web site, storage space is for active web site file pages only.
Image Building Media reserves the right to investigate and terminate a client's subscription.
As Image Building Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Network or Website violates your copyright, you are encouraged to notify Image Building Media. Image Building Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Image Building Media or others, Image Building Media may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, Image Building Media will have no obligation to provide a refund of any amounts previously paid to Image Building Media.
This Agreement does not transfer from Image Building Media to you any of Image Building Media's, or a third party's, intellectual property. All rights, title and interest in such property will remain (as between the parties) solely with Image Building Media. Image Building Media, the Network and Website, and all other trademarks, service marks, graphics and logos used in connection with Image Building Media, the Network and Website, are trademarks or registered trademarks of Image Building Media or Image Building Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Network or Website may be the trademarks of other third parties. Your use of the Network or Website grants you no right or license to reproduce or otherwise use any Image Building Media or third-party trademarks.
Image Building Media reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. Image Building Media may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Image Building Media may terminate your access to all or any part of the Network or Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Image Building Media account (if you have one), you may simply discontinue using the Network or Website. Notwithstanding the foregoing, if you pay for services, such an account can only be terminated by Image Building Media if you materially breach this agreement and fail to cure such breach within thirty (30) days from Image Building Media’s notice to you thereof; provided that, Image Building Media can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Image Building Media, websites it creates and maintains, and its hosting services are provided "as is." Image Building Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Image Building Media nor its suppliers and licensors, makes any warranty that the website, or its services, will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk. And additionally, all hosting services, including backup services, are used at your own discretion and risk.
Limitation of Liability
In no event will Image Building Media, it’s owners or employees, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Image Building Media under this agreement during the twelve (12) month period prior to the cause of action. Image Building Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Image Building Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Use our Services at your sole risk.
This Agreement constitutes the entire Agreement between Image Building Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Image Building Media, or by the posting by Image Building Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tampa, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Tampa, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its Terms and conditions; Image Building Media may assign its rights under this agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.