THESE CORE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
PLEASE READ THESE CORE TERMS OF SERVICE CAREFULLY. THEY CONSTITUTE A LEGAL AGREEMENT GOVERNING YOUR USAGE OF THE SITE PROVIDED BY INDEPENDENT ONLINE MEDIA GROUP LLC AND ITS SUBSIDIARIES AND AFFILIATES (collectively referred to as “Miami Daily Times,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) regulate your access to and utilization of the website, mobile application, or other online service where these Terms are published (collectively, the “Site”). By clicking an Accept, Register, or similar button or icon, linking to the Site through a third party such as Facebook, or by accessing, browsing, or using the Site in any manner, you agree to be bound by these Terms and our Privacy Policy, regardless of whether you have registered with the Site. Any mention of “you” or “your,” as applicable, refers to the individual who accesses, uses, and/or participates in the Site in any manner, as well as each of their heirs, assigns, and successors. The Site retains the right to refuse access to any individual who breaches these Terms. “Site” includes, without limitation, any or all websites listed on our site www.iolmg.com.
Eligibility: The Site is solely intended for individuals aged 13 or older; however, we are offering some family-oriented content during the COVID-19 crisis for parents or guardians who are at home with their children. We will obtain the consent of a parent or guardian if their child under 13 submits personal information to us in connection with such family content. For further details, please consult our Privacy Policy.
Copyright: All information, content, services, and software displayed on, transmitted through, or used in connection with the Site (excluding User Content as defined below), including news articles, stories, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and similar items (collectively referred to as the “Content”), as well as its selection and arrangement, are the property of Miami Daily Times and/or its licensors and suppliers. You may utilize the Content online only and solely for personal, non-commercial purposes. You may download or print a single copy of any portion of the Content for personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such Content. If you operate a website and wish to link to the Site, you may do so, provided you agree to remove such link upon request from us. No other use is permitted without prior written permission from Miami Daily Times. The permitted use outlined in this section is contingent upon your adherence to these Terms at all times.
Except where explicitly specified herein or on the Site, you may not republish any portion of the Content on any Internet, intranet, extranet site, or any other online or offline publication, or incorporate the Content into any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site, nor to insert any code or product or manipulate the Content or the Site in any manner, and not to use any data mining, data gathering, or extraction method. We prohibit the use of ad-blocking software by non-subscribers to access our Content, and we do not permit you to use any methods to bypass our paywall and/or our restriction on the number of free articles that you may access per week. The use of such methods may violate the Copyright Act, the Computer Fraud and Abuse Act, and other federal and state laws.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to termsofservice@iolmg.com. In certain cases, you may be able to use individual stories, articles, or videos that appear on the Site through online functionality we have specifically designated (e.g., to email a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will inform you directly in the portion of the Content you may use or you will see a link in the Content itself that will enable you to email the story, article, or video, or purchase the rights to reproduce it.
Registration: While viewing certain Content does not require registration, accessing certain parts of the Site—such as posting comments or uploading media—may necessitate registration or subscription, where you’ll be asked to provide certain information about yourself. By becoming a registered member, you accept responsibility for all activities under your account and agree to provide accurate information at registration. We reserve the right to terminate your access if multiple households access the Site using a single account. You’re responsible for keeping your password confidential and preventing unauthorized access. If you suspect unauthorized access, notify us at termsofservice@iolmg.com.
User Content Representations and Warranties: By placing material on the Site, including posting content to any Site area, you affirm: (1) you own or have necessary rights to the User Content; and (2) the User Content won’t cause harm to any person or entity. Using a name other than your own legal name in association with User Content submission is prohibited.
User Content License: By providing User Content to the Site, you grant Miami Daily Times a worldwide, royalty-free license to use, reproduce, distribute, modify, and create derivative works from such User Content. You also grant Miami Daily Times the right to use any material submitted for any purpose, including commercial purposes. You indemnify Miami Daily Times for claims resulting from User Content you post.
Unsolicited Material and Ideas: Submissions to the Site grant Miami Daily Times the right to use, reproduce, and create derivative works from such submissions without compensation or notice to you. By sending an unsolicited submission, you waive the right to make any claim against Miami Daily Times.
User Content Screening and Removal: The Site reserves the right to pre-screen, move, remove, or refuse any User Content for any reason.
User Content Assumption of Risk: While the Site may occasionally monitor postings, transmissions, and similar content, it cannot manage all User Content and does not guarantee its accuracy, integrity, or quality. User Content is the sole responsibility of the contributor, meaning you are accountable for all User Content you provide. To safeguard your safety, exercise caution when using Site features like forums, chat rooms, or bulletin boards. We advise against sharing personal information such as phone numbers or addresses that could be used to identify or locate you.
User Content Posting Rules: Decisions on whether User Content violates posting rules are at our sole discretion after we receive actual notice of such content. When providing User Content, you agree to the following rules:
– If the photo or video depicts children under 13, ensure you have written permission from their parent or guardian.
– Do not provide User Content that:
– Contains copyrighted material without express permission.
– Includes vulgar, abusive, racist, or hateful language.
– Is defamatory, fraudulent, inaccurate, or violates privacy rights.
– May cause harm to the Site, individuals, or communities.
– Violates any rights or laws, including discrimination laws.
– Interferes with Site usage or promotes goods/services.
– Attempts to collect user information without permission.
– Pretends to be someone else, intercepts communications, or uploads viruses.
– Harms the security of the Site or its users.
– “Flames” individuals or repeatedly posts similar content.
– Otherwise breaches these Terms.
Violating these rules may result in referral to law enforcement authorities. If you observe restricted Site usage, promptly inform us at termsofservice@iolmg.com and provide reasonable assistance in any investigations.
Monitoring and Content Management: We have no obligation to monitor users’ access or Content but reserve the right to do so at our discretion for various purposes, including operating the Site, ensuring compliance with Terms, and addressing objectionable content. We may remove or disable access to any objectionable Content without notice.
Information Disclosure: You acknowledge that we may access, preserve, and disclose your information if required by law or in good faith belief, including responding to legal claims or protecting rights or safety.
Transactions and E-Commerce: Transactions on the Site may involve third-party processing agents, and we are not responsible for their success or security. You may find a telephone number for phone orders if you’re concerned about online safety.
Linked Sites and Embedded Video Player: We may provide links to other websites, but we do not control them or their content. You acknowledge we are not responsible for external websites’ content or practices. The use of the YouTube Player on our Site is subject to YouTube’s Terms of Service.
Errors in Advertisements: We’re not responsible for errors or discrepancies in advertisements or other materials on the Site due to various reasons, including typographical or technology errors.
Communications with Third Parties: Any dealings or communications with third parties through the Site are solely between you and them. We are not liable for any goods, services, or content provided by third parties.
Notice of Intellectual Property Infringement: We comply with the Digital Millennium Copyright Act (DMCA) and terminate accounts of members who infringe intellectual property rights. If you believe your work is infringed, please provide specific information to our Copyright Agent.
For further details, contact our Copyright Agent at copyrightnotice@iolmg.com.
Contact Information and Misrepresentation Warning: The provided contact information is solely for intellectual property infringement notices. For other inquiries or questions, please email us at termsofservice@iolmg.com. Know that misrepresenting material or activity as infringing may result in liability under Section 512(f) of the Copyright Act.
General Disclaimer and Limitation of Liability: Your use of the Site is at your own risk. Content and access are provided “as is” and “as available.” Neither Miami Daily Times nor the Site, nor any associated parties, make any warranties or representations regarding the accuracy or reliability of the Content. We are not liable for damages related to your use of the Site, including but not limited to unauthorized access, errors in Content, or viruses.
Indemnity: You agree to indemnify and hold harmless the Site and Miami Daily Times, as well as affiliated parties, from any claims or damages arising from your use of the Site, information you provide, or any violation of these Terms.
International Users: The Site is administered from the United States, and access from territories where it’s illegal is prohibited. You must comply with applicable laws if accessing the Site from outside the U.S.
Modifying Terms and Service Discontinuation: The Site reserves the right to change these Terms at any time, with notice by updating the Effective Date. We may also modify, suspend, or discontinue any part of the Site at any time without liability.
Statute of Limitations and Disputes: Any claim regarding the Site must be filed within six months. Disputes should be addressed first with our Customer Support Department. If unresolved, disputes not subject to arbitration shall be resolved in Texas courts under Texas law.
Arbitration and Class Action Waiver: Disputes subject to arbitration will be resolved through binding arbitration. You waive the right to file a lawsuit in court or participate in class action suits.
Arbitration Agreement:
Both you and Miami Daily Times agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This section covers any disputes between us, including those arising from contract, tort, statute, fraud, misrepresentation, or any other legal theory. It includes claims that arose before or after these Terms, and it applies even after these Terms are terminated.
Initial Dispute Resolution: Before initiating arbitration, parties agree to try to settle disputes through consultation with our Customer Support Department and good faith negotiations. If no resolution is reached within 60 days, either party may submit the matter to the American Arbitration Association (AAA) for mediation.
Binding Arbitration: If mediation fails, either party may submit the matter to AAA for binding arbitration. Arbitration will be conducted under AAA’s Consumer Arbitration Rules. Each party agrees to resolve disputes through arbitration instead of litigation. The arbitrator’s decision will be final and binding.
Class Action Waiver: Arbitration will proceed on an individual basis only, and parties waive the right to file or participate in class actions.
Exception: Intellectual Property and Small Claims Court Claims: Intellectual property disputes and claims within the scope of a small claims court may be litigated in court instead of arbitration.
30-Day Right to Opt Out: You have the right to opt out of arbitration and class action waiver provisions by sending written notice within 30 days of the Effective Date of these Terms or the first use of the Site containing these provisions.
Changes to This Section: Changes to this section will be effective 60 days after the revised Effective Date and apply prospectively to claims arising after that date.
Survival: This arbitration and class action waiver section survives termination of your account or the Site.
General Provisions:
1. Force Majeure: The Site will not be in breach of these Terms if it fails to comply due to circumstances beyond its control, such as acts of nature, war, terrorism, or governmental actions.
2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will still apply to the fullest extent possible.
3. No Waiver: Failure to enforce any provision of these Terms does not waive the right to enforce it later.
4. No Third-Party Beneficiaries: Except as expressly provided, these Terms do not confer any rights on third parties.
5. Section Titles: Section titles are for convenience only and do not affect the interpretation of these Terms.
6. Termination: Certain provisions, including limitations on Content use and Disputes, will survive termination of these Terms.
7. Conflicts: In case of conflicts between these Terms and other statements or policies, these Terms prevail.
8. No Joint Venture: Your use of the Site does not create a joint venture, partnership, or agency relationship between you and the Site or Miami Daily Times.
9. Essential Terms: Limitation of Liability and Disclaimer of Warranties are essential terms of these Terms.
10. Entire Agreement: These Terms constitute the entire agreement between you and the Site, superseding all prior understandings. Amendments must be in writing and signed by Miami Daily Times.
Updated and effective 7 April 2024