WEBSITE TERMS AND CONDITIONS OF USE

General

This www.blutampabay.com website (the ’ÄúWebsite’Äù) is owned and operated by or on behalf of Rain Publishing Group, LLC (’ÄúRPG’Äù). RPG offers the Website, including all content, information, products and services offered or available via or in conjunction with the Website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the ’ÄúTerms and Conditions’Äù), as well as any additional terms and conditions that may apply to specific sections of the Website or to content, information, products or services offered on or available through the Website. RPG reserves the right to make changes to these Terms and Conditions (including the terms of the privacy policy set forth below (the ’ÄúPrivacy Policy’Äù), which shall be deemed to be a part of these Terms and Conditions) immediately by posting the changed Terms and Conditions in this location. Your continued use of the Website (including automated use) constitutes your agreement to all such terms, conditions and notices and any changes to the Terms and Conditions made by RPG.

Personal and Noncommercial Use

The Website is for your personal, noncommercial use only. Except as expressly provided on the Website, you may not make commercial use of the content, information, products or services found on the Website, including, without limitation, ’Äúscraping’Äù or other manual or automated methods of collecting email addresses, other user data, product descriptions, product prices, or any other information or content on the Website. As a condition to your continued use of the Website, you warrant to RPG that you will not (i) use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, (ii) make any use of the Website that, in RPG’Äôs determination, imposes an unreasonable burden on the computer systems used to operate the Website, (iii) make any attempt to gain unauthorized access to the Website, any user account, computer system, or network connected to the Website, including by hacking, password mining, ’Äúphishing,’Äù or other illicit means, or (iv) use the Website in connection with any referral programs, pyramid schemes, chain letters, or spam operations.

Linking

Unless you are subsequently advised otherwise by RPG, you are hereby licensed to create hyperlinks to the Website, provided that any hyperlink accurately describes the linked-to materials on the Website. RPG reserves the right to revoke this license generally, or your specific right to create hyperlinks, at any time. Under no circumstances may you ’Äúframe’Äù the Website or any of its content or copy portions of the Website to a server, except for copying that occurs as part of an automated process involving the incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. You are not authorized to create any hyperlinks that would state or imply a sponsorship or affiliation with RPG or the Website or portray RPG or the Website in a false, misleading, disparaging or otherwise objectionable manner.

Online Commerce

Certain sections of the Website may allow you to purchase products and services that are provided by third parties. RPG is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a site linked to from the Website, the information obtained from such merchant or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and RPG. A merchant may have privacy and data collection practices that are different from ours. RPG has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its products or services, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’Äôs website or contact the merchant directly. You release RPG and RPG’Äôs affiliates from any damages that you may incur, and agree not to assert any claims against RPG or RPG’Äôs affiliates, arising from your purchase or use of any products or services made available by third parties through the Website. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You also agree not to make any purchases for illegitimate, speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to purchase goods or services only for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’Äôs personal information to RPG or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’Äôs personal information.

Disclaimer of Liability.

You acknowledge and agree that RPG shall not be liable for any loss, damage, or injury arising out of (i) any transactions between or among users occurring on the Website, (ii) any use of a third-party website, including transactions between or among users and third-party merchants, or (iii) any coupons, promotions, or other offers made available on the Website.

Interactive Features

The Website may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to RPG and real-time interaction between users. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user. You alone are responsible for the material you post or send. RPG does not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:

Restrict or inhibit any other user from using and enjoying the Website.

Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks used to provide the Website.

Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Website, or any account, computer system, or network connected to the Website, including by means such as hacking, password mining or other illicit means.

Attempt to obtain any materials or information through any means not intentionally made available through the Website.

Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information, content or materials of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Use the Website to post or transmit any information, software or other material that violates, misappropriates or infringes upon the rights of others, including material that constitutes an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.

Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use the Website to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without RPG’Äôs express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

You understand that RPG has no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Website through which users can supply information or material. However, RPG reserves the right at all times to disclose any information RPG believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information, content or materials, in whole or in part, that in RPG’Äôs discretion are objectionable or in violation of these Terms and Conditions. RPG also reserves the right to deny access to the Website or any features of the Website to anyone who violates these Terms and Conditions or who, in RPG’Äôs determination, interferes with the ability of others to enjoy the Website or infringes the rights of others.

Registration

To access certain features of the Website, RPG may ask you to provide certain demographic information, potentially including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with RPG and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’Äôs registration form. If RPG has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, RPG has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). RPG’Äôs use of any personally identifiable information you provide to RPG as part of the registration process is governed by the terms of the Privacy Policy.

Passwords

To use certain features of the Website, you may need to obtain and submit a username and password, which you will receive through the Website’Äôs registration process. You are responsible for maintaining the confidentiality of the username, password and account, and are responsible for all activities (whether by you or by others) that occur under your user name, password or account. You agree to notify RPG immediately of any unauthorized use of your user name, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. RPG cannot and will not be liable for any loss or damage arising from your failure to protect your user name, password or account information.

Termination of Privileges

RPG reserves the right to suspend and/or terminate your privilege of using all or any portion of the Website if you fail to comply with any of these Terms and Conditions or if, in RPG’Äôs determination, your conduct on the Website is objectionable or would otherwise inhibit the enjoyment of the Website by other users. Without limiting the foregoing, if RPG receives notice or otherwise determines that you may have violated (whether one time or on more than one occasion) a third party’Äôs copyright, trademark rights, rights of privacy or publicity, or any other rights, RPG may terminate your access to the Website, including all of your privileges or accounts and related information that you may have established or obtained in connection with the Website. All of the disclaimers, exclusions of liability, and indemnification obligations set forth in these Terms and Conditions shall survive any suspension or termination of your privileges hereunder.

No Warranties

USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU ’ÄúAS IS,’Äù WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. RPG MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. RPG, ITS AFFILIATES, SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, OR OTHER PARTIES USED TO OPERATE THE WEBSITE DO NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RPG DISCLAIMS LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY THIRD-PARTY SITES ACCESSIBLE FROM THE WEBSITE.

No agent or representative has the authority to create any warranty regarding the Website on behalf of RPG. RPG reserves the right to change or discontinue at any time any aspect or feature of the Website.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RPG, ITS AFFILIATES, SUBSIDIARIES, AND ALL OF ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR A THIRD-PARTY SITE ACCESSIBLE THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO RPG, OR ITS AFFILIATES, SUBSIDIARIES, AND ANY OF ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. In such states, RPG’Äôs liability with respect to the Website and any third-party website accessible through the Website is limited to the greatest extent permitted under applicable law.

In the event that you become dissatisfied with the Website, including any information, products, or services available on or through the Website, your sole and exclusive remedy is to discontinue your use of the Website.

Indemnification

You agree to defend, indemnify and hold harmless RPG, its affiliates, subsidiaries, and all of its and their officers, directors, employees, agents, licensors and suppliers from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) any actual or alleged violation of these Terms and Conditions and (ii) your use of the Website, or any content, product or service offered through the Website. RPG shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any third-party claim, third-party suit or third-party proceeding.

Copyright

All material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, (i) you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner, and (ii) none of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of RPG. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from RPG or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be transmitted to:

Rain Publishing Group
708 Harbour Post Drive
Tampa, FL 33602

Trademarks

BLU TAMPA BAY is a trademark of RPG, and is protected by state and federal trademark laws. Other trademarks may appear on the Website with permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.

Your License to RPG and Copyright Infringement

By posting or submitting any material (including, without limitation, photos and videos) to RPG via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting RPG, and anyone authorized by RPG, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights of privacy and publicity and rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant RPG, and anyone authorized by RPG, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as RPG deems appropriate.

RPG will not tolerate copyright infringement of any kind. RPG does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending RPG a notice that includes all of the following information:

your full name, address and telephone number your email address

identification of the copyrighted work(s) that you believe is (are) being infringed

identification of the infringing material and information sufficient for RPG to locate the material

your statement of a good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner

your physical or electronic signature

Direct such notice to RPG’Äôs designated agent for receiving copyright infringement notices:

Rain Publishing Group
708 Harbour Post Drive
Tampa, FL 33602

***Please use this contact information only to report copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions***

Upon receipt of notice complying with the above requirements, RPG will act to remove infringing materials and, if applicable, notify the user that posted such materials on the Website.

If RPG removes materials posted by you due to alleged copyright infringement, you may seek to have the materials reinstated by notifying RPG’Äôs designated agent in writing and including the following information:

your full name, address and telephone number

your email address

identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled

your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Middle District of Florida, and that you will accept service of process from the person who provided notice of copyright infringement or from such person’Äôs agent

your physical or electronic signature

Upon receipt of a notice meeting the above requirements, RPG will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, RPG will replace or enable access to the removed material unless RPG receives notice from the copyright owner who submitted the first notification that such owner has filed an action seeking a court order to restrain the user who posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing are subject to substantial civil liability to RPG and/or the copyright owner or Website user.

General

These Terms and Conditions (including the Privacy Policy) constitute the entire agreement and understanding between you and RPG with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. Any failure to enforce a right or section of these Terms and Conditions shall not constitute a waiver of such right or section by RPG. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The Website is controlled and operated by or on behalf of RPG from its principal office in the State of Florida, United States of America. RPG makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject RPG to the laws or jurisdiction of any state, country or territory other than the State of Florida and the United States of America.

708 Harbour Post Drive, Tampa, FL 33602  |  (813) 600-4000 tel  |  (888) 600-4005 toll free  |  (813) 600-4001 fax  |  info@blutampabay.com