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Home arrow About Wakulla.com arrow Terms of Use

English Language (common sense) Summary of our Terms of Use:

1. If you post or send us information you are giving us the right to use it on the web.
2. Do not post copyrighted information that does not belong to you – that’s stealing.
3. Be nice and be polite. We may disagree but that doesn’t mean you have to be rude. Don’t make it an uncomfortable situation when we see you out and about in the community. We’re all friends, neighbors and family and you need to remember what you learned in kindergarten.
4. For the geeks: DO NOT use automated tools to browse our site, scrape our content, harvest email addresses or make posts. It consumes a lot of server resources and we don’t appreciate it.
5. Don’t post anything that’s illegal.
6. We reserve the right to delete anything on the site at anytime for any reason whatsoever. We also reserve the right to ban any user that violates our Terms of Use, acts inappropriate or causes problems for other users, advertisers, visitors or me. We have rarely deleted or banned anyone in the past but we still reserve the right.
7. This is a family oriented site – keep it clean – PG rating is OK but stay away from R.

 

Legal Terms of Use

Wakulla.com is a local community website providing news and information pertaining the Big Bend area of North Florida. The services offered by Wakulla.com ("Wakulla.com" or "we" or “us”) include the Wakulla.com website, the Wakulla.com Internet messaging service, Remote Site Syndication feeds (RSS) and any other features, content, or applications offered from time to time by Wakulla.com (collectively, the "Wakulla.com Services"). The Wakulla.com Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Wakulla.com Services. By using the Wakulla.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Wakulla.com Website) or you are a "Member" (which means that you have registered with Wakulla.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Wakulla.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Wakulla.com Website and discontinue use of the Wakulla.com Services immediately. If you wish to become a Member, communicate with other Members and make use of the Wakulla.com Services, you must read this Agreement and indicate your acceptance during Registration.

This Agreement includes Wakulla.com's policy for acceptable use of the Wakulla.com Services and Content posted on the Wakulla.com Website, your rights, obligations and restrictions regarding your use of the Wakulla.com Services and Wakulla.com's Privacy Policy. You may receive a copy of this Agreement by emailing us at: admin [ at ] Wakulla.com, Subject: Terms of Use Agreement.

Wakulla.com may modify this Agreement from time to time and such modification shall be effective upon posting by Wakulla.com on the Wakulla.com Website. You agree to be bound to any changes to this Agreement when you use the Wakulla.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Wakulla.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Wakulla.com Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Wakulla.com Services is void where prohibited. By using the Wakulla.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Wakulla.com Services does not violate any applicable law or regulation.

  2. Term. This Agreement shall remain in full force and effect while you use the Wakulla.com Services or are a Member. You may terminate your Membership at any time, for any reason. Wakulla.com may terminate your Membership at any time, without warning.

  3. Fees. You acknowledge that Wakulla.com reserves the right to charge for the Wakulla.com Services and to change its fees from time to time at its discretion. If Wakulla.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

  4. Proprietary Rights in Content on Wakulla.com.
    1. Wakulla.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that Members post to the Wakulla.com Services. After posting your Content to the Wakulla.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Wakulla.com Services, you hereby grant to Wakulla.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Wakulla.com Services, through our distribution partners and through our RSS feeds.

      Without this license, Wakulla.com would be unable to provide the Wakulla.com Services. The license you grant to Wakulla.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Wakulla.com), fully-paid and royalty-free (meaning that Wakulla.com is not required to pay you for the use on the Wakulla.com Services of the Content that you post), sublicensable (so that Wakulla.com is able to send information to our partners and use RSS for delivery for Internet content delivery networks to provide the Wakulla.com Services), and worldwide (because the Internet and the Wakulla.com Services are global in reach). This license will terminate at the time you remove your Content from the Wakulla.com Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the Wakulla.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Wakulla.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Wakulla.com Services.
    3. The Wakulla.com Services contain Content of Wakulla.com ("Wakulla.com Content"). Wakulla.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Wakulla.com owns and retains all rights in the Wakulla.com Content and the Wakulla.com Services. Wakulla.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Wakulla.com Content (excluding any software code) solely for your personal use in connection with viewing the Wakulla.com Website and using the Wakulla.com Services
      .
    4. The Wakulla.com Services contain Content of Users and other Wakulla.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Wakulla.com Services.

  5. Content Posted.
    1. Wakulla.com may delete any Content that in the sole judgment of Wakulla.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Wakulla.com assumes no responsibility for monitoring the Wakulla.com Services for inappropriate Content or conduct. If at any time Wakulla.com chooses, in its sole discretion, to monitor the Wakulla.com Services, Wakulla.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    2. You are solely responsible for the Content that you post on or through any of the Wakulla.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. Wakulla.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Wakulla.com prior to posting and does not necessarily reflect the opinions or policies of Wakulla.com. Wakulla.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

  6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Wakulla.com Services. Wakulla.com reserves the right to investigate and take appropriate action against anyone who, in Wakulla.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Wakulla.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Wakulla.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
    8. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    9. includes a photograph of another person that you have posted without that person's consent.

  7. The following is a partial list of the kind of activity that is illegal or prohibited on the Wakulla.com Wakulla.com reserves the right to investigate and take appropriate legal action against anyone who, in Wakulla.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. any automated use of the system, such as using scripts to copy pages on Wakulla.com or for harvesting email addresses that may be on the site.;
    3. interfering with, disrupting, or creating an undue burden on the Wakulla.com Services or the networks or services connected to the Wakulla.com Services;
    4. using any information obtained from the Wakulla.com Services in order to harass, abuse, or harm another person;
    5. using the Wakulla.com Services in a manner inconsistent with any and all applicable laws and regulations.

  8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Wakulla.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Wakulla.com Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Wakulla.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Administrator, Wakulla.com, 3295 Crawfordville Highway, Suite 12, (850) 445-4222, Attn: Wakulla.com Administrator ; and email: admin [ at ] Wakulla.colm.

  9. Privacy. Use of the Wakulla.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  10. Disclaimers. Wakulla.com is not responsible for any incorrect or inaccurate Content posted on the Wakulla.com Website or in connection with the Wakulla.com Services, whether caused by Users of the Wakulla.com Services or by any of the equipment or programming associated with or utilized in the Wakulla.com Services. Profiles created and posted by Members on the Wakulla.com Website may contain links to other websites. Wakulla.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Wakulla.com. Inclusion of any linked website on the Wakulla.com Services does not imply approval or endorsement of the linked website by Wakulla.com. When you access these third-party sites, you do so at your own risk. Wakulla.com takes no responsibility for third party advertisements which are posted on this Wakulla.com Website or through the Wakulla.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Wakulla.com is not responsible for the conduct, whether online or offline, of any User of the Wakulla.com Services. Wakulla.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Wakulla.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Wakulla.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Wakulla.com Services. Under no circumstances shall Wakulla.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Wakulla.com Services, attendance at a Wakulla.com event, from any Content posted on or through the Wakulla.com Services, or from the conduct of any Users of the Wakulla.com Services, whether online or offline. The Wakulla.com Services are provided "AS-IS" and as available and Wakulla.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Wakulla.com cannot guarantee and does not promise any specific results from use of the Wakulla.com Services.

  11. Classified Advertising When you submit a classified ad for publication on Wakulla.com, you agree that the advertisement as it appears on Wakulla.com shall be used, displayed or distributed by Wakulla.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Wakulla.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

  12. Real Estate Advertisements; Equal Housing Opportunity - All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.

  13. Limitation on Liability. IN NO EVENT SHALL WAKULLA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WAKULLA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WAKULLA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WAKULLA.COM FOR THE WAKULLA.COM SERVICES DURING THE TERM OF MEMBERSHIP.

  14. Disputes. If there is any dispute about or involving the Wakulla.com Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Tallahassee. Either Wakulla.com or you may demand that any dispute between Wakulla.com and you about or involving the Wakulla.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Wakulla County, Florida, USA, provided that the foregoing shall not prevent Wakulla.com from seeking injunctive relief in a court of competent jurisdiction.

  15. Indemnity. You agree to indemnify and hold Wakulla.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Wakulla.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Wakulla.com Website or through the Wakulla.com Services causes Wakulla.com to be liable to another.

  16. Other. This Agreement is accepted upon your use of the Wakulla.com Website or any of the Wakulla.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Wakulla.com regarding the use of the Wakulla.com Services. The failure of Wakulla.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Wakulla.com is a trademark of Wakulla.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

  17. Please contact us at: Contact Wakulla.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

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