Welcome! The Tampa Free Press website and our affiliated websites, or online tools and services (collectively, our “Websites”), is owned by the Tampa Free Press (“TFP” “we” and “us).
BY USING OUR WEBSITES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THESE WEBSITES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITES OR ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Assistance. If you have any questions or comments, we invite you to contact our Customer Service Department by email at admin@tampafp.com.
Copyright, Trademark and Ownership. All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by TFP, its licensors, agents, or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, TFP’s trademarks, service marks, trade names (including the TFP’s name, logos, the Websites’ names, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the TFP’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without TFP’s prior written consent. Of course, you’re free to encourage others to access the information themselves on our Websites and to tell them how to find it.
The use of TFP trademarks on any other website is not allowed. TFP prohibits the use of TFP trademarks as a “hot” link on or to any other website unless TFPA approves the establishment of such a link in writing in advance. The Websites, their Content, and all related rights shall remain the exclusive property of TFP or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Websites.
Use of Contact Information. Any and all contact information that is displayed on the Websites, including the information contained in any member directories or other directories that may be provided on the Websites, is provided for informational purposes only and is not to be used for marketing, telemarketing, or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.
Links. You may establish a hypertext link to these Websites, including display of the Websites’ RSS feeds, so long as the link does not state or imply any sponsorship of or affiliation with you or your site by us. However, you may not, without our prior permission, frame any of the content of the Websites, or incorporate into another website or other service any material, content or intellectual property belonging to us or any of our licensors.
From time to time, these Websites may contain links to third-party websites that are not owned, operated, or controlled by TFP or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave these Websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
User Content. Our Websites may include interactive features, such as discussion groups, blogs, forums, and other community publishing areas that allow members and other users to post content and materials for display on the Websites (“User Content”). User Content remains the intellectual property of the individual user, and you will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to, or link to from the Websites. You agree to indemnify and hold TFP and its affiliates, agents, representatives, directors, officers, employees, and licensors, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Websites by you or by others using your user account.
You acknowledge that we may establish general practices, limits, and restrictions concerning use of any public posting areas of our Websites, and the posting of content, information, or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Websites and/or retained by us and the maximum number of times (and the maximum duration for which) you may access the Websites in a given period of time. We assume no responsibility or liability for the deletion, corruption, or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware, or software. We reserve the right to change these general practices, limits, and restrictions at any time, in our sole discretion, with or without notice.
Inappropriate Submissions and Use of the Websites. You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane messages or materials on the Websites. You may not post material on the Websites, or otherwise use the Websites in any manner, that:
(i) 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);
(ii) humiliates, threatens, or injures other people or their property rights, including, but not limited to, intellectual property rights;
(iii) violates the privacy or publicity rights of other individuals or entities;
(iv) is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Websites;
(v) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(vi) harms minors in any way;
(vii) impersonates any person or entity, including, but not limited to, employees of the Websites, a forum moderator, or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
(viii) constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software or hardware or telecommunications equipment;
(x) interferes with or disrupts the Websites or servers or networks connected to the Websites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Websites;
(xi) that is false, deceptive, misleading, or deceitful;
(xii) could be considered criminal conduct or give rise to civil liability; or
(xiii) otherwise violates any law or these Terms.
TFP does not encourage and strongly discourages any User Content that results from any activity that:
(i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal;
(ii) may create a risk of any loss or damage to any person or property; or
(iii) may constitute a crime or create civil liability.
You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind.
We have the right (but not the obligation), in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, our officers, directors, affiliates, staff, representatives, or members or other users, and/or the public.
Further, any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from this Websites and termination of your access to the Websites. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Unsolicited Submissions Policy. TFP is pleased to hear from its loyal users and members and welcomes your comments regarding TFP. Except where TFP specifically requests comments or submissions, TFP does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by TFP’s professional staff seem to others to be similar to their own creative work. Accordingly, TFP requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against TFP (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant TFP a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release TFP (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Websites. TFP has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Websites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to Tampa Free Press, PO BOX 727, Land O’ Lakes, Florida, 34639.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Websites; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in the above paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Websites.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent to a user’s last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Advertising Rights. TFP reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and TFP and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate TFP to sell or offer to sell any advertising, promotion or distribution rights.
Accuracy of Information. We attempt to ensure that information on these Websites is complete, accurate, and current. Despite our efforts, the information on these Websites may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currency of any information on these Websites.
Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites.
Privacy. Information collection and use, including the collection and use of personal information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.
Force Majeure. TFP is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, pandemics, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties. You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with TFP and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Websites; (iii) if necessary you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Websites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) you are not, and have not been an agent of TFP and were not and are not acting on behalf of, or as a representative of, TFP or any other party; (vi) TFP use of any information you have submitted as contemplated by the Terms and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity (vii) you have not and will not engage in any of the activities or behaviors listed in the Inappropriate User Submissions section in the production of, your appearance in, or contribution(s) to your User Content; (viii) the User Content does not contain: (a) material falsehoods or misrepresentations that could harm TFP or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THIS WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER TFP NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TFP OR THROUGH TFP’S WEBSITES, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. TFP DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL TFP, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THESE WEBSITES, ANY WEBSITES LINKED TO THESE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TFP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT OR PRODUCTS OR SERVICES. IN NO EVENT SHALL TFP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITES OR MEMBERSHIP TO TFP FOR THE PERIOD MOST RECENTLY PRECEEDING THE ALLEGED PROBLEM.
Indemnity. You agree to indemnify and hold TFP and its affiliates, agents, representatives, directors, officers, employees and licensors, harmless from any claim or demand, including reasonable attorneys’ fees related to such claim or demand, made by any third party due to or arising out of your use of the Site, your violation of our Terms, or your violation of any rights of another.
Release. In the event that you have a dispute with another user or other party related to the Websites, you release TFP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
General. Any claim arising out of or relating to the use of, these Websites and the materials contained herein is governed by the laws of Florida, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the courts located in the Florida. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the Websites will be resolved individually, without resort to any form of class actions. Any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Websites must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites.
We do not guarantee continuous, uninterrupted, or secure access to our Websites, and operation of the Websites may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by TFP in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and TFP with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to the Tampa Free Press.