Website Terms of Use

The Florida News Journal has set the following terms if you wish to use any content, images or material of ours.

Permission is granted to use any of our content, images or material found on any news article under the following conditions:

  1. You must give credit to The Florida News Journal.
  2. Place a link on your site or within your article to the content page you are using from us.
  3. You may not use any content, images or material owned by other parties without their permission.
  4. Your usage of any content is subject to the full terms of use below.
  5. Your usage of our content is granted for a single use only and for personal use only, or for use as a source, credit or quote in your own news organization, or you have a syndicate and/or franchisee agreement with TFNJ for broader use of content and articles.

Welcome to this Web site (the “Web Site”). This Web Site is made available by The Florida News Journal, and its parent company Rapid Duck Industries, Inc., and subsidiary and affiliated entities (collectively “TFNJ,” “we,” “us,” or “our”), to provide news data and information, related features and services. The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between TFNJ and you regarding the terms on which TFNJ offers you access to this Web Site. This Agreement also covers any promotional events, give-a-ways, games and prizes, and the rules of such.

Your Use of the Web Site is Governed by these Terms of Use. Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of these Terms of Use, you are not authorized to access or use this Web Site for any purpose.

Minors. If you are not of an age old enough to enter into contracts in your state (i.e., a “minor”), you need to review these terms and conditions with your parent or guardian before using this Web Site; if your parent or guardian does not agree with any of these Terms of Use as applied to you, then you are not authorized to access or use this Web Site for any purpose.

These Terms of Use May Change Without Prior Notice TFNJ reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth above.

Notices of Restrictions on Your Use The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the “Content”) belongs to TFNJ, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to TFNJ, its partners, affiliates, contributors or third parties. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.

Restrictions on Use You may use the Web Site and the Content, you may download, print and store selected portions of the Content, provided that you:

1- provide proper credit to TFNJ in any article, post, publication or distribution that you make;

2- provide a clear link to the TFNJ that contains the content you are using;

3- do not modify or alter the Content (including source codes) in any way, or delete or change any copyright, trademark or other legal notice;

4- Do not use, distribute, post, copy, post, sell, trade, or hold any source code of TFNJ;

5- Your use of content from TFNJ affiliates, partners, providers and any other non-TFNJ content is protected under those respective owners copyrights and intellectual property rights and use of such content may be more limited than TFNJ, you must consult with those providers to use their content.

6- Usage of TFNJ content does not constitute a transfer of ownership, nor a license, nor may you use any content that would indicate your ownership. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. TFNJ reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.

7- You agree to hold harmless and to defend TFNJ and its affiliates, partners, providers, employees, officers and agents from any liability you incur as a result of using the TFNJ website, or using any content from the TFNJ website elsewhere; either because of errors in accuracy, viruses, malware, trojan horses, or any other defects, infections or incorrect statements by TFNJ or any of its affiliates, partners, providers, employees, agents and contractors.

You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner.

Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. TFNJ MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE. TFNJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). TFNJ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE. TFNJ DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. TFNJ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TFNJ EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY DAMAGE TO YOUR ELECTRONIC EQUIPMENT INCLUDING, BUT NOT LIMITED TO; COMPUTERS, DESKTOPS, LAPTOPS AND OTHER, SMARTPHONES, MOBILE PHONES, TABLETS, NETWORKS, SERVERS, AND OTHER INFORMATION SYSTEMS RELATED EQUIPMENT OR INFRASTRUCTURE THAT YOU MAY EXPERIENCE, ACQUIRE, OBTAIN, DOWNLOAD OR RECEIVE IN CONNECTION TO YOUR USE OF THE TFNJ WEBSITE. TFNJ CAN NOT GUARANTEE FUNCTIONALITY, SAFETY OR ACCURACY OF THE WEBSITE OR ANY OF ITS CONTENT, AND YOU ARE URGED TO USE YOUR OWN PRECAUTIONS SUCH AS ANTI-VIRUS SOFTWARE, MALWARE PROTECTION SOFTWARE, TORJAN HORSE PROTECTION SOFTWARE, AND YOU ASSUME ALL LIABILITY FROM USING SUCH SOFTWARE OR FROM USING THE TFNJ WEBSITE.

Specific Disclaimer For Downloading of Files TFNJ cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.

Specific Disclaimer for International Use TFNJ makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. TFNJ makes no representation or warranty that the translations are complete and accurate and TFNJ, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by TFNJ. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Limitation of Liability IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TFNJ, ITS AFFILIATES, PARTNERS, PROVIDERS OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:

1- ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN;

2- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;

3- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

4- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

5- ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF TFNJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TFNJ’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF TFNJ, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO ANY USER OR OTHER INDIVIDUAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (i) THE AMOUNT, IF ANY, PAID BY YOU TO TFNJ FOR YOUR USE OF THE WEBSITE , OR (ii) $100. ALL USERS UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 5 REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

Indemnification You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless TFNJ, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account.

Personal Information and Privacy Policy TFNJ may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site. TFNJ’s information collection and use policies with respect to the privacy of collected information are set forth in the Web Site’s Privacy Statement which is incorporated herein by reference for all purposes. You may be able to create an account on our Web Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, and to control access to and use of your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Your obligations under these Terms of Use are in no way conditioned on TFNJ complying with the terms of our Privacy Statement.

USER CONDUCT You agree to not take any action that will affect, inhibit, or prevent TFNJ from operating and maintaining it’s website. You agree to not take any action that might place an unusual or large load on TFNJ’s website or its servers or its information systems or any TFNJ property, owned, leased or licensed. You agree to not make statements or comments on the TFNJ website or its Facebook page or any other website that TFNJ owns, controls or makes, that is inflammatory, derogatory, racial, intentionally hurtful to others, including TFNJ or other businesses, or that you know to be false or misleading. You agree to not slander or commit libelous actions against or towards TFNJ, nor any of its partners, affiliates, providers, officers, directors, employees, agents or contractors. You agree that usage of TFNJ’S Facebook page is included in these terms of use. You agree to not post or make any pornographic, threatening, fraudulent, obscene, illegal or objectionable comments, pictures or material on any TFNJ website. You agree to not upload, post, publish any content that contains viruses, malware, trojan horses or other content that is used for illegal purposes or that will harm the computers, infrastructure, or information systems of TFNJ or its guests, visitors and users. You also agree to not engage in or undertake or take any action related to email scanning and or collecting, screenshots collection, obtaining and or collection and or saving and or using and or distributing and or selling and or trading any username or password.

TFNJ cannot make any representation or warranty about anything contained in the Material. TFNJ likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will TFNJ be liable for any activity or injury or consequence that may occur.

Endorsements TFNJ does not endorse nor is liable for any links found on its website. TFNJ shall not be liable for you clicking on any link on the website.

Enforcement TFNJ reserves the right to enforce, investigate and bring legal action against those who violate these terms of use and the city of Commerce California shall be the court of jurisdiction for anyone in California, and Orange County Florida shall be the court of jurisdiction for anyone in Florida and Houston Texas shall be the court of jurisdiction for all other users to and of the TFNJ website.

Termination TFNJ reserves the right to terminate your use of the website without notice if we believe you are committing acts inconsistent with our terms of use, or are detrimental to the TFNJ website.

Severability If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.

Contradiction in Clauses In the event there is a contradiction within this agreement and/or its clauses, TFNJ reserves the right to use the specific clause(s) it deems are appropriate for the situation.

General Contact Information You may email TFNJ at mail@thefloridanewsjournal.com or write to TFNJ at 4046 North Goldenrod Road #114, Winter Park, Florida 32792.

-*-*-*-*-GAMES, GIVE-A-WAYS AND PROMOTIONAL EVENTS-*-*-*-*-

From time to time, TFNJ will conduct give-a-ways, games and other promotional events. By participating in any such give-away(s), game(s) or promotional event(s), you the reader and/or contestant agree to the terms, conditions and privacy rules of such. The game(s), give-a-ways and promotional event(s) rules herein are separate and in addition to the terms of use agreement found above.

TFNJ will collect certain information from you such as your name, email address and other information. You agree by providing such information that we may use it to contact you about news, events and promotions in the future. We may share your information to third parties who are participating in the event or promotion with TFNJ, but in no case will TFNJ share, trade or sell your information to any third party not part of the promotion or event or game you have entered.

Employees and friends of TFNJ or any company or entity participating in the event or promotion with TFNJ shall not be eligible to win anything or receive anything.

TFNJ will operate and manage any event, game, give-a-way or promotion or assign such to a third party to conduct such on TFNJ’s behalf. In all cases, TFNJ reserves all rights to make any decisions and chose winners. TFNJ shall be the sole determining authority of any such winners.

All give-a-ways, games, events and/or promotions are open to residents of the State of Florida (or any state or territory of the United States of America unless that state prohibits such participation, activity, involvement, or engagement) aged 18 and older, unless otherwise stated in the game, event, give-a-way or promotion.

In the sole determination of TFNJ, any miss-use or fraud by any contestant, shall result in being prohibited from winning or receiving any prizes or benefits.

You agree by participating in any game(s), give-a-way(s) or promotional event(s), that TFNJ shall not be liable for any damages or injuries to you and you agree to hold harmless, now and forever, TFNJ and agree to defend TFNJ. You further agree that any use or possession of any give-a-way or prize is at your own risk, that TFNJ or any partner of TFNJ, is not liable for any damages or injuries that could arise and that you agree that if you decide to pursue legal action for any damages or injuries from any prize awarded by TFNJ that it is between you and the manufacturer or provider of said prize. Your further agree to conduct yourself in a law abiding manner at all times, and to follow all laws.

Void where prohibited, games, give-a-ways and promotional events are not valid outside the United States. TFNJ reserves the right of when and where to disburse any prizes. Winners of any prize that includes hotel and/or airfare transportation must notify TFNJ at least 45 days before they wish to travel, and once notified, may not change their hotel and/or airfare travel portions of their prize.

Participants, competitors and TFNJ partners agree to refrain from making any public and disparaging remarks about TFNJ or any of its affiliates, partners, contractors, vendors, employees, officers, agent, directors, sponsors or other participant(s) or contestant.

TFNJ does not warrant, guarantee, or make assurances that any game(s), give-a-way(s) or promotional event(s) will be successful nor makes any such representation that the game(s), give-a-ways(s) or promotional event(s) are safe and each person or entity (competitor, participant, sponsor, promoter, bystander, affiliate or hosting entity) wishing to be a part of the games, give-a-way or promotional event does so at their sole discretion and choice and at their own risk. As such, each of the above agree to obtain appropriate insurance to cover or negate any potential loss of the erson or entity (competitor, participant, sponsor, promoter, bystander, affiliate or hosting entity) and that you are prohibited from any participation of any type if you fail to obtain such insurance. Any agreements TFNJ executes with any person or entity (competitor, participant, sponsor, promoter, bystander, affiliate or hosting entity) is void if that person or entity (competitor, participant, sponsor, promoter, bystander, affiliate or hosting entity) fails to obtain appropriate insurance and no refunds will be given.

Participation is not required, nor is payment required for give-a-ways where a prize is offered but does not require your physical attendance and physical participation at an event in order to compete or win. Participation means your active involvement such as registration, physical acts of your body and brain, face-to-face bodily and physical competition and/or winning.

Severability If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.