FLORIDA VENTURE FORUM, INC.
TERMS AND CONDITIONS OF USE
Effective Date: July 22, 2021
The following terms and conditions (the “Terms and Conditions”) govern your use of the website www.flventure.org of the Florida Venture Forum, Inc. (the “FVF Website”).
Throughout these Terms and Conditions the words “FVF”, “we,” “our,” or “us” refer to the Florida Venture Forum, Inc.
Agreement Between User and Florida Venture Forum, Inc.
The FVF Website is owned and operated by FVF. Use of the FVF Website is offered to you, the user (hereinafter “you”), on the precondition that you accept (without modification) the terms, conditions and notices contained herein. Use of the content, services, and/or products presented in any and all areas of the FVF Website constitutes your agreement to abide by these Terms and Conditions and the terms and conditions posted in specific areas of those sites. FVF may revoke your ability to use the FVF Website at any time and for any reason (or no reason). When we modify these Terms and Conditions, we will update the “Effective Date” above. Your use of the Website constitutes your acceptance of these Terms and Conditions and your use of the FVF Website following the posting of updated terms and conditions constitutes your acceptance of such updated terms and conditions.
Copyright and Trademark Notices
All content on the FVF Website is copyrighted: copyright © Florida Venture Forum, Inc. 2021, or has been copyrighted by third-party content providers (and licensed to FVF), and is protected by the copyright laws of the United States and other countries. All rights reserved. Florida Venture Forum and or logo are trademarks or registered trademarks of Florida Venture Forum, Inc. Other trademarks/logos are the property of their respective owners.
The FVF Website is only for your personal, educational, noncommercial use. If you download any material for personal use, you must keep all copyright and other notices intact. The right to use such materials is not transferable to any other person or entity. If FVF now or in the future permits users to establish personal accounts on any FVF Website, you are (or will be) responsible for all use of your account (under any screen name or password), the protection of any user name and password, and for ensuring that all use of the FVF Website through your account complies fully with the provisions of this Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from the FVF Website. In addition, the information may not be taken out of context or presented in an unfair, misleading or discriminatory manner.
Photographs and Videos
You agree FVF shall own all rights, including copyrights, to any photo or video of you taken or recorded by FVF or its agents at any FVF event or conference, and FVF shall own all rights to use any photo or video you submit to FVF for use on the FVF Website or in marketing and promotion material and communications FVF may post or transmit to the media or other third parties for the purpose of promoting the FVF and its events and conferences.
ALL MATERIALS AND SERVICES ON THE FVF WEBSITE ARE PROVIDED ”AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE FVF WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND FLORIDA VENTURE FORUM, INC. UNDERTAKES NO OBLIGATION TO CORRECT THE SAME. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. FVF AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FVF WEBSITE AT ANY TIME WITHOUT NOTICE. FVF AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THESE SITES, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THESE SITES AND/OR THE CONTENT CONTAINED HEREIN. FVF DOES NOT WARRANT THAT THE FVF WEBSITE’S FUNCTIONALITY OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FVF WEBSITE, INCLUDING THE HARDWARE THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO ANY EQUIPMENT YOU USE TO ACCESS AND USE THE FVF WEBSITE.
Use of This Site is at Your Own Risk
The FVF Website may contain advice, opinions and statements of various information providers and content providers. FVF does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of these sites or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. You agree that neither FVF nor its affiliates, nor any of their respective members, directors, officers, agents, employees, information providers or content providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
Use of Bulletin Boards, Chat Rooms and Forums
Certain portions of the FVF Website or FVF conference applications may permit the use by you of Chatrooms, Forums, Bulletin Boards and/or Guestbooks. FVF does not control or regularly review the messages, information or files delivered to the Guestbooks and/or Bulletin Boards on the FVF Website or any FVF conference application (or “app”), nor does FVF moderate Chatrooms (if any) or Forums (if any). It is a condition of your use of the Guestbooks, Bulletin Boards, Chat Rooms (if any), Forums (if any) (collectively, “Public Areas”) and the FVF Website that you do not upload to, post, distribute or transmit to or through these sites any messages, information or materials (“User Submission”): (i) that violate or infringe in any way the intellectual or personal rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or (ii) that, without the FVF’s express prior written consent, contain advertising or any commercial solicitation. It is also a condition of your use of the Public Areas and the FVF Website and any FVF application that you not post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the bulletin boards.
By submitting User Submissions, suggestions, and material to any Public Area or other area of any FVF Website or FVF app, you are granting FVF a perpetual royalty-free, worldwide license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed.
You agree to indemnify and hold harmless FVF and all of its members, officers, directors, employees, sponsors, speakers, moderators, panelists, presenting or featured companies, authorized representatives and agents from and against all claims and expenses, including attorneys’ fees, arising out of any User Submissions, messages, information or materials uploaded, posted, distributed, or transmitted to or though the FVF Website or FVF app by you or through your account or any user ID you may establish.
If such features exist on the FVF Website or FVF app, you agree to send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use the FVF Website and FVF app only as permitted by these Terms and Conditions (as the same may be amended from time to time), any additional policies or procedures published in the FVF Website from time to time by FVF, and applicable law.
Digital Millennium Copyright Act
A. Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the FVF Website of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FVF’s designated Copyright Agent contact for notice of claims of infringement is: firstname.lastname@example.org
Notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FVF’s customer service at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
B. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the United States federal court in the commonwealth or state you are located or of the United States District Court for the Southern District of Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, FVF shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, FVF may, in its sole discretion, reinstate the removed material or cease disabling such material.
C. In accordance with the DMCA and other applicable law, FVF shall, in appropriate circumstances, terminate access, at FVF’s sole discretion, of any user that FVF finds to be a repeat infringer of others copyrights. FVF may also, in its sole discretion, limit or fully terminate access to the FVF Website and any FVF app of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
Links to Third-Parties’ Website
FVF is a distributor with regard to content supplied by third-party suppliers and users. Therefore, FVF has no more editorial control over such content than a bookstore or newsstand does over the reading materials it sells. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of FVF.
FVF shall have the right, at its discretion, to change, modify, add or remove provisions from these Terms and Conditions at any time without notice. Changes shall be effective immediately. You agree to review these Terms and Condition periodically. You agree that subsequent use by you of the FVF Website or any FVF app following any such changes shall constitute your acceptance of any such changes. FVF shall have the right at any time to change or discontinue any aspect of any FVF Website or any FVF app, including, but not limited to, the Public Areas, content, hours of availability and equipment needed for access to use.
Indemnity/Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLORIDA VENTURE FORUM, OR ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE FVF WEBSITE OR THE CONTENT CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FVF AND SUCH RELATED PARTIES ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE FVF WEBSITE.
AS A CONDITION OF USE OF THE FVF WEBSITE AND ANY FVF APP, YOU AGREE TO HOLD HARMLESS AND INDEMNIFY FVF AND ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND SUPPLIERS FROM AND WITH RESPECT TO ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE FVF WEBSITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT, IF TRUE, WOULD CONSTITUTE A BREACH BY YOU OF THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH ANY FVF MESSAGES, INFORMATION OR MATERIAL ON ANY OF THE FVF WEBSITE, OR WITH ANY OF FVF TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FVF WEBSITE.
Exclusions and Limitations; Consumer Protection Notice.
If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Conditions inapplicable to you. Specifically, if you are a New Jersey consumer, the certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms and Conditions shall limit or waive your rights as a consumer under the law of your state of residence. In any event, FVF reserves all rights, defenses and permissible limitations under the law of your state of residence.
FVF reserves the right to deny access to the FVF Website to anyone at any time.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FVF without restriction. Assignments made without FVF’s consent are void.
Contact firstname.lastname@example.org with questions or concerns regarding the FVF Website.
Any rights not expressly granted to User herein are reserved to Florida Venture Forum, Inc.