Welcome to MountDoraBuzz, a digital news, information and communication service available through this website and other digital means, including Mount Dora Buzz’s mobile app, email update and social media. Please read this Central Terms of Use Agreement carefully. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF MOUNT DORA BUZZ.
TERMS OF USE
These Central Terms of Use (“terms”), updated and effective January 1, 2020, govern your access to and use of the Mount Dora Buzz website, mobile application, email newsletter and all Mount Dora Buzz’s related social media accounts, pages and groups, including Mount Dora Word of Mouth, (collectively referred to in this agreement as “Mount Dora Buzz” “we” or “our”). All references to “you” or “your,” as applicable, mean the person who accesses, engages, uses, views and/or participates in Mount Dora Buzz, and each of your heirs, assigns, and successors.
You understand and agree that, by visiting, accessing or using Mount Dora Buzz either directly or via third-party (such as Facebook) or another manner, you are accepting, without modification, these Terms of Use. If you do not agree with any portion of these Terms of Use, your only option is to discontinue use of Mount Dora Buzz. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use Mount Dora Buzz with the consent of a parent or legal guardian. Mount Dora Buzz reserves the right to deny access to any person who violates these Terms.
These Terms of Use are subject to revision from time to time by Mount Dora Buzz and your continued use of Mount Dora Buzz means you agree to, without modification, the revised Terms of Use. You can review revisions to these Terms of Service by regularly checking this page. Material revisions to these Terms of Use will be indicated by an updated effective date and by a notice posted on the homepage of Mount Dora Buzz's website. It is your responsibility to remain apprised of any revisions to these terms and to remain in compliance therewith. Should you object to any such revisions to these Terms of Service or become dissatisfied with Mount Dora Buzz in any way, your only recourse is to immediately discontinue use of Mount Dora Buzz. Otherwise, continuing to use, visit, or access Mount Dora Buzz, after the effective date means that you agree to be bound by any and all revisions.
COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
Material published on Mount Dora Buzz’s website, social media, mobile app and monthly email update, including articles, photos, content feeds, graphics, forum postings, audio and video clips, trademarks, service marks, and other content ("Content"), is copyrighted by Mount Dora Buzz, or by other information providers who have licensed their content for use on Mount Dora Buzz. Additionally, the entire Content of Mount Dora Buzz is protected by copyright as a collective work owned by Mount Dora Buzz. You may not reproduce, download, republish, redistribute or re-use Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
LICENSE GRANT TO ACCESS MOUNT DORA BUZZ
Subject to these Terms of Use, Mount Dora Buzz grants you permission to access Mount Dora Buzz and view the Content solely for your personal, non-commercial use. You agree, however, that you will not store or archive a significant portion of the Content or create a database using the Content, and you further agree that you will not download, store or archive individual image or video files as stand-alone files.
These rules also apply to your use of Mount Dora Buzz:
ONLINE CONDUCT
Mount Dora Buzz encourages an open exchange of ideas in a climate of decency and mutual respect. Any action by a user that infringes on that or another user's right to use Mount Dora Buzz is prohibited. Mount Dora Buzz reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:
MEMBER SUBMITTED CONTENT
Users of Mount Dora Buzz may be able, as dictated by the functionality of Mount Dora Buzz, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on Mount Dora Buzz ("Member Content"). You are solely responsible for Member Content that you submit, and FresnoBee.com acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, Mount Dora Buzz reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.
By submitting or otherwise making available any Member Content to Mount Dora Buzz, you automatically grant Mount Dora Buzz a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of Mount Dora Buzz (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Mount Dora Buzz uses such content. You also grant Mount Dora Buzz the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to Mount Dora Buzz for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to Mount Dora Buzz that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
CONTENT FEEDS & LICENSE GRANT FOR CONTENT FEEDS
Mount Dora Buzz offers or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that Mount Dora Buzz elects to offer Content Feeds(s), Mount Dora Buzz grants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes content from Mount Dora Buzz not included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the headline and first paragraph of a story on Mount Dora Buzz, the foregoing license does not give you the right to display the entire story on your Site.
Except as expressly set forth above and/or unless otherwise consented to in writing by Mount Dora Buzz, you may not, directly or indirectly: (a) sell, modify, translate, download, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.
No Modification. Unless otherwise consented to in writing by Mount Dora Buzz, you will: (a) display the Content Feed on your Site in the exact form received by you, and not modify or edit it; (b) ensure that the fundamental meaning of the Content Feed is not changed or distorted; (c) comply with all applicable laws and all limitations and restrictions (if any) placed by Mount Dora Buzz on the use, display or distribution of any Content Feed. You will not (d) archive any Content Feeds for access by users at any future date after the Content Feed has been removed from your Site; (e) display the name, logo, trademark or other identifier of another person on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of Mount Dora Buzz; (f) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the Content Feed(g), including without limitation, the size, color, location or style of Mount Dora Buzz’s marks; (h) make any representation or warranty on behalf of Mount Dora Buzz; (i) incorporate any Content Feeds on any site containing nudity or pornographic material, that displays material that exploits children under the age of 18, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the Mount Dora Buzz in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading; (j) display the Content Feed in a manner that does not allow for successful linking and redirection to, and delivery of, Mount Dora Buzz; (k) frame any Mount Dora Buzz page; or (l) fail to stipulate that the Content Feed is supplied by Mount Dora Buzz and is protected by copyright and owned by Mount Dora Buzz.
If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
Mount Dora Buzz respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at www.copyright.gov/legislation/dmca.pdf, Mount Dora Buzz will respond promptly to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.
If you believe Mount Dora Buzz or any user of Mount Dora Buzz infringed your copyright, please notify our Copyright Agent and provide the following information.
DISCLAIMER
While Mount Dora Buzz strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Mount Dora Buzz warrant or guarantee that any files available for downloading will be free of defects. Neither Mount Dora Buzz nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in Mount Dora Buzz. This includes social media.
The content, services, and features of Mount Dora Buzz are subject to change without notice. The inclusion of any content, services, and features on Mount Dora Buzz at a particular time does not imply or warrant that these products or services will be available at any time.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of Mount Dora Buzz and the accuracy and completeness of any information is with you.
Opinions, advice and all other information expressed on Mount Dora Buzz forums, comment sections, blogs, articles, social media and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of Mount Dora Buzz. Mount Dora Buzz does not endorse and is not responsible for comments, statements, advice and opinions made by anyone other than authorized Mount Dora Buzz spokesperson(s).
Any investment decisions or other actions that users take based on information available on Mount Dora Buzz or in its mobile apps should first be reviewed by a competent financial adviser or other professional.
Mount Dora Buzz's PRODUCTS & SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
PROTECTION OF SOURCES
Mount Dora Buzz and its authorized representatives will not turn over or reveal any notes, audio, texts, voicemails or working materials from their stories, social media, or productions, nor provide information they have observed in the course of their production activities to government officials or parties involved in or considering litigation.
LIMITATION OF LIABILITY
In no event will Mount Dora Buzz or its owners be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Mount Dora Buzz, or any information or services provided on Mount Dora Buzz (including its mobile apps, email and social media), even if Mount Dora Buzz has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Mount Dora Buzz. IN NO EVENT WILL MOUNT DORA BUZZ OR ITS OWNERS OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR MOUNT DORA BUZZ, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IDEMNITY
You will defend, indemnify, and hold harmless Mount Dora Buzz, its owners and affiliates from: (i) your use of and access of Mount Dora Buzz ; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of Mount Dora Buzz.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use Mount Dora Buzz. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO MOUNT DORA BUZZ (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCESS OR USE OF MOUNT DORA BUZZ AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. You may terminate these Terms of Service by: (a) discontinuing your use of Mount Dora Buzz and (b) destroying and removing all copies of Content from your site (if any) and that is otherwise in your possession and control.
If Mount Dora Buzz terminates, blocks or suspends your use or access for any reason, you are prohibited from using Mount Dora Buzz under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending or terminating your use and/or access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
JURISDICTION
This agreement between Mount Dora Buzz, its owners and its users will be governed and interpreted under the laws of the state of Florida. Courts located in Orange County, Florida have jurisdiction in any dispute arising from these Terms of Service.
In the event that any provision of these Terms of Use is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
DISPUTE RESOLUTION AND ARBITRATION
You and Mount Dora Buzz agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service.
In an attempt to find the quickest and most efficient resolution of our issues, you and Mount Dora Buzz agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: [email protected]. If we should need to discuss an issue with you, we will contact you using the email.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Mount Dora Buzz agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Mount Dora Buzz agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Mount Dora Buzz also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Orange County, Florida. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
FORCE MAJEURE
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
VOID WHERE PROHIBITED BY LAW
These Terms of Use are void where prohibited by law, and the right to access Mount Dora Buzz is revoked in such jurisdictions.
INDEPENDENT CONTRACTORS
The parties hereto are independent contractors, and these Terms of Use creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on Mount Dora Buzz’s behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Use.
COMPLETE AGREEMENT
These Terms of Use represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
QUESTIONS, COMMENTS AND CONTACTING MOUNT DORA BUZZ
Please enjoy Mount Dora Buzz. Questions or issues may be emailed through our contact page at MountDoraBuzz.com
You understand and agree that, by visiting, accessing or using Mount Dora Buzz either directly or via third-party (such as Facebook) or another manner, you are accepting, without modification, these Terms of Use. If you do not agree with any portion of these Terms of Use, your only option is to discontinue use of Mount Dora Buzz. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use Mount Dora Buzz with the consent of a parent or legal guardian. Mount Dora Buzz reserves the right to deny access to any person who violates these Terms.
These Terms of Use are subject to revision from time to time by Mount Dora Buzz and your continued use of Mount Dora Buzz means you agree to, without modification, the revised Terms of Use. You can review revisions to these Terms of Service by regularly checking this page. Material revisions to these Terms of Use will be indicated by an updated effective date and by a notice posted on the homepage of Mount Dora Buzz's website. It is your responsibility to remain apprised of any revisions to these terms and to remain in compliance therewith. Should you object to any such revisions to these Terms of Service or become dissatisfied with Mount Dora Buzz in any way, your only recourse is to immediately discontinue use of Mount Dora Buzz. Otherwise, continuing to use, visit, or access Mount Dora Buzz, after the effective date means that you agree to be bound by any and all revisions.
COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
Material published on Mount Dora Buzz’s website, social media, mobile app and monthly email update, including articles, photos, content feeds, graphics, forum postings, audio and video clips, trademarks, service marks, and other content ("Content"), is copyrighted by Mount Dora Buzz, or by other information providers who have licensed their content for use on Mount Dora Buzz. Additionally, the entire Content of Mount Dora Buzz is protected by copyright as a collective work owned by Mount Dora Buzz. You may not reproduce, download, republish, redistribute or re-use Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
LICENSE GRANT TO ACCESS MOUNT DORA BUZZ
Subject to these Terms of Use, Mount Dora Buzz grants you permission to access Mount Dora Buzz and view the Content solely for your personal, non-commercial use. You agree, however, that you will not store or archive a significant portion of the Content or create a database using the Content, and you further agree that you will not download, store or archive individual image or video files as stand-alone files.
These rules also apply to your use of Mount Dora Buzz:
- You will not in any way infringe or misappropriate any of the intellectual property in and to the Content accessible through Mount Dora Buzz. This means you agree not to copy, modify, publish, transmit, create derivative works (including, without limitation, summaries, analyses and reports) from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of Mount Dora Buzz or others except as expressly permitted herein.
- You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it (including derivative works), whether over the World Wide Web or otherwise, and whether or not for payment, without the express written permission of Mount Dora Buzz or a third-party copyright holder.
- You will cooperate promptly and completely with any reasonable request by Mount Dora Buzz related to an investigation of infringement of copyright or other proprietary right.
ONLINE CONDUCT
Mount Dora Buzz encourages an open exchange of ideas in a climate of decency and mutual respect. Any action by a user that infringes on that or another user's right to use Mount Dora Buzz is prohibited. Mount Dora Buzz reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:
- Use any portion of Mount Dora Buzz for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of Mount Dora Buzz to post hate speech, obscenities, bully, mock, or stoke division, incite violence or otherwise objectionable posts or comments. Mount Dora Buzz has the sole discretion to determine what is objectionable.
- Provide any information that is false, misleading, inaccurate or potentially libelous.
- Use any portion of Mount Dora Buzz for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of Mount Dora Buzz for uploading, posting, commenting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, or harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. Mount Dora Buzz has the sole discretion to determine what is objectionable.
- Use any portion of Mount Dora Buzz (including social media) for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, advertisements, web links, spam, graphics or any form of solicitation or promotion.
- Interfere with any other person's use of or the proper functioning of Mount Dora Buzz .
- Misrepresent your identity or impersonate any person.
- Hold yourself out as sponsored by, endorsed by, or affiliated with Mount Dora Buzz.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Mount Dora Buzz in connection with its operations.
- Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from Mount Dora Buzz.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of Mount Dora Buzz, any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.
- Take any action that: (i) imposes or may impose, in Mount Dora Buzz 's sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of Mount Dora Buzz ; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of Mount Dora Buzz .
To register a complaint about another user's conduct, please e-mail the specifics via the contact page on MountDoraBuzz.com
MEMBER SUBMITTED CONTENT
Users of Mount Dora Buzz may be able, as dictated by the functionality of Mount Dora Buzz, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on Mount Dora Buzz ("Member Content"). You are solely responsible for Member Content that you submit, and FresnoBee.com acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, Mount Dora Buzz reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.
By submitting or otherwise making available any Member Content to Mount Dora Buzz, you automatically grant Mount Dora Buzz a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of Mount Dora Buzz (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Mount Dora Buzz uses such content. You also grant Mount Dora Buzz the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to Mount Dora Buzz for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to Mount Dora Buzz that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
CONTENT FEEDS & LICENSE GRANT FOR CONTENT FEEDS
Mount Dora Buzz offers or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that Mount Dora Buzz elects to offer Content Feeds(s), Mount Dora Buzz grants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes content from Mount Dora Buzz not included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the headline and first paragraph of a story on Mount Dora Buzz, the foregoing license does not give you the right to display the entire story on your Site.
Except as expressly set forth above and/or unless otherwise consented to in writing by Mount Dora Buzz, you may not, directly or indirectly: (a) sell, modify, translate, download, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.
No Modification. Unless otherwise consented to in writing by Mount Dora Buzz, you will: (a) display the Content Feed on your Site in the exact form received by you, and not modify or edit it; (b) ensure that the fundamental meaning of the Content Feed is not changed or distorted; (c) comply with all applicable laws and all limitations and restrictions (if any) placed by Mount Dora Buzz on the use, display or distribution of any Content Feed. You will not (d) archive any Content Feeds for access by users at any future date after the Content Feed has been removed from your Site; (e) display the name, logo, trademark or other identifier of another person on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of Mount Dora Buzz; (f) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the Content Feed(g), including without limitation, the size, color, location or style of Mount Dora Buzz’s marks; (h) make any representation or warranty on behalf of Mount Dora Buzz; (i) incorporate any Content Feeds on any site containing nudity or pornographic material, that displays material that exploits children under the age of 18, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the Mount Dora Buzz in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading; (j) display the Content Feed in a manner that does not allow for successful linking and redirection to, and delivery of, Mount Dora Buzz; (k) frame any Mount Dora Buzz page; or (l) fail to stipulate that the Content Feed is supplied by Mount Dora Buzz and is protected by copyright and owned by Mount Dora Buzz.
If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
Mount Dora Buzz respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at www.copyright.gov/legislation/dmca.pdf, Mount Dora Buzz will respond promptly to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.
If you believe Mount Dora Buzz or any user of Mount Dora Buzz infringed your copyright, please notify our Copyright Agent and provide the following information.
- An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- An identification of the material on Mount Dora Buzz that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow us to locate the material on our site.
- Your name, address, telephone number and e-mail 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 declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER
While Mount Dora Buzz strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Mount Dora Buzz warrant or guarantee that any files available for downloading will be free of defects. Neither Mount Dora Buzz nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in Mount Dora Buzz. This includes social media.
The content, services, and features of Mount Dora Buzz are subject to change without notice. The inclusion of any content, services, and features on Mount Dora Buzz at a particular time does not imply or warrant that these products or services will be available at any time.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of Mount Dora Buzz and the accuracy and completeness of any information is with you.
Opinions, advice and all other information expressed on Mount Dora Buzz forums, comment sections, blogs, articles, social media and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of Mount Dora Buzz. Mount Dora Buzz does not endorse and is not responsible for comments, statements, advice and opinions made by anyone other than authorized Mount Dora Buzz spokesperson(s).
Any investment decisions or other actions that users take based on information available on Mount Dora Buzz or in its mobile apps should first be reviewed by a competent financial adviser or other professional.
Mount Dora Buzz's PRODUCTS & SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
PROTECTION OF SOURCES
Mount Dora Buzz and its authorized representatives will not turn over or reveal any notes, audio, texts, voicemails or working materials from their stories, social media, or productions, nor provide information they have observed in the course of their production activities to government officials or parties involved in or considering litigation.
LIMITATION OF LIABILITY
In no event will Mount Dora Buzz or its owners be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Mount Dora Buzz, or any information or services provided on Mount Dora Buzz (including its mobile apps, email and social media), even if Mount Dora Buzz has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Mount Dora Buzz. IN NO EVENT WILL MOUNT DORA BUZZ OR ITS OWNERS OR AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR MOUNT DORA BUZZ, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IDEMNITY
You will defend, indemnify, and hold harmless Mount Dora Buzz, its owners and affiliates from: (i) your use of and access of Mount Dora Buzz ; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of Mount Dora Buzz.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use Mount Dora Buzz. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO MOUNT DORA BUZZ (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCESS OR USE OF MOUNT DORA BUZZ AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. You may terminate these Terms of Service by: (a) discontinuing your use of Mount Dora Buzz and (b) destroying and removing all copies of Content from your site (if any) and that is otherwise in your possession and control.
If Mount Dora Buzz terminates, blocks or suspends your use or access for any reason, you are prohibited from using Mount Dora Buzz under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending or terminating your use and/or access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
JURISDICTION
This agreement between Mount Dora Buzz, its owners and its users will be governed and interpreted under the laws of the state of Florida. Courts located in Orange County, Florida have jurisdiction in any dispute arising from these Terms of Service.
In the event that any provision of these Terms of Use is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
DISPUTE RESOLUTION AND ARBITRATION
You and Mount Dora Buzz agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service.
In an attempt to find the quickest and most efficient resolution of our issues, you and Mount Dora Buzz agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: [email protected]. If we should need to discuss an issue with you, we will contact you using the email.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Mount Dora Buzz agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Mount Dora Buzz agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Mount Dora Buzz also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Orange County, Florida. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
FORCE MAJEURE
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
VOID WHERE PROHIBITED BY LAW
These Terms of Use are void where prohibited by law, and the right to access Mount Dora Buzz is revoked in such jurisdictions.
INDEPENDENT CONTRACTORS
The parties hereto are independent contractors, and these Terms of Use creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on Mount Dora Buzz’s behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Use.
COMPLETE AGREEMENT
These Terms of Use represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
QUESTIONS, COMMENTS AND CONTACTING MOUNT DORA BUZZ
Please enjoy Mount Dora Buzz. Questions or issues may be emailed through our contact page at MountDoraBuzz.com