Personal and Noncommercial Use | No Warranties | Exclusion of Liability | Featured Links and Linking
Software Available on the Web Site | Copyright | Trademarks | Public Posting Areas | Termination of Priviledges
Copyright Infringement | General Privacy | Chilren's Privacy | General

WEB SITE TERMS AND CONDITIONS OF USE
AND PRIVACY POLICY

This agreement was last amended or updated 5/13/99.

Tampa Bay Online offers this web site, including all information, software, products and services available from this web site or offered as part of or in conjunction with this web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices.

Personal and Noncommercial Use

The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to Tampa Bay Online that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties

USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Neither Tampa Bay Online nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Tampa Bay Online.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TAMPA BAY ONLINE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Featured Links and Linking

The Web site may contain hyperlinks to web sites offered by parties other than TAMPA BAY ONLINE. Such hyperlinks are provided for your reference and convenience only. Tampa Bay Online does not control such other web sites and is not responsible for their content; nor does Tampa Bay Online inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators.

Unless you are subsequently advised otherwise by Tampa Bay Online, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. Tampa Bay Online reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Web site 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 Web site.

Software Available on Web site

Any software that is made available to download from this Web site is the copyrighted work of Tampa Bay Online and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Tampa Bay Online hereby grants to you a personal, nontransferable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Tampa Bay Online in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (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, 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 Web site without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

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

Tampa Bay Online
Attn: Kirk Read
202 S. Parker St., Tampa, Florida 33606

Trademarks

Tampa Bay Online, The Tampa Tribune, Florida Weather Center, and Florida Info.com are trademarks or registered trademarks of The Tribune Company, Tampa, Florida and are protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.

Public Posting Area

You agree not to use the Web site to send or submit for public posting any libelous, slanderous, defamatory, abusive, obscene, profane, sexually explicit, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law, or other material of any kind that Tampa Bay Online finds objectionable.

The public posting areas are for discussion and debate only. You may not use the public posting areas to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. Tampa Bay Online shall have the right, but not the obligation, to monitor the posting areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by Tampa Bay Online from time to time.

By posting messages or other material in the public posting areas of the Web site, you are granting to Tampa Bay Online and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Termination of Privileges

Tampa Bay Online reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If Tampa Bay Online receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Tampa Bay Online may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

Copyright Infringement

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

    • your full name, address and telephone number
    • your e-mail address
    • identification of the copyrighted work(s) that you believe is being infringed
    • identification of the infringing material and information sufficient for Tampa Bay Online to locate the material
    • your statement of 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 Tampa Bay Online designated agent for receiving copyright infringement notices:

George L. Mahoney, Esquire
Media General, Inc.
333 East Franklin Street
Richmond, VA 23219
(804) 649-6029
(804) 649-6989
gmahoney@media-general.com

Upon receipt of notice complying with the above requirements, Tampa Bay Online will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

If Tampa Bay Online removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Tampa Bay Online’s designated agent in writing and including the following information:

    • your full name, address and telephone number
    • your e-mail 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 Tampa district of Florida, and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
    • your physical or electronic signature

Upon receipt of a notice meeting the above requirements, Tampa Bay Online 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, Tampa Bay Online will replace or enable access to the removed material unless Tampa Bay Online receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Tampa Bay Online and/or the copyright owner or Web site user.

General Privacy

For each visitor to the Web site, Tampa Bay Online servers automatically collect information about which pages are visited and the domain name (e.g. media-general.com) of visitors. This information is used for internal review, to tailor information to individual visitors and for web site traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.

Tampa Bay Online may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. Tampa Bay Online uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so Tampa Bay Online can customize deliver of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.

Through your use of the Web site, Tampa Bay Online may collect information about you that identifies you or your household. Normally, you would provide such information when specifically asked for it by Tampa Bay Online. Any information in Tampa Bay Online’s possession solely as a result of your use of the Web site and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). It does not include aggregate information (e.g. the total number of household users older than 18 years, the zip code in which a user lives) or information that you have made public on the Web site or that is otherwise publicly available.

Tampa Bay Online uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:

    • to process requests or orders placed with advertisers or merchants
    • to perform such normal business operations as billing, collecting and accounting
    • to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items
    • to investigate complaints and to protect the Web site and Tampa Bay Online, its readers and employees
    • as provided by law or in case of emergency, as determined by legal counsel for Tampa Bay Online

Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, Tampa Bay Online does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. Tampa Bay Online also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.

Children’s Privacy

The following additional terms, conditions and notices apply to use of the Web site by children under the age of 13 years whenever Tampa Bay Online becomes aware that a user is in that age range:

  • Users under 13 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian. Prior to collecting any personal information about a child under 13, Tampa Bay Online makes reasonable efforts to obtain consent from the child’s parent after informing the parent about the types of information the Tampa Bay Online will collect, how it will be used, and under what circumstances it will be disclosed.
  • Although Tampa Bay Online will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. Tampa Bay Online strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
  • "Personal information" collected from children may include any of the information defined above as "Personal Information" with respect to general users of the Web site and may be used by Tampa Bay Online for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Web site, Tampa Bay Online does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.
  • If a child enters a game, contest or other activity sponsored by Tampa Bay Online on the Web site, the child may be required by Tampa Bay Online to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
  • A child’s parent or legal guardian may request Tampa Bay Online to provide a description of the Personal Information that Tampa Bay Online has collected from the child, as well as instruct Tampa Bay Online to cease further use, maintenance and collection of Personal Information from the child.
  • If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.

General

These Terms and Conditions constitute the entire agreement and understanding between you and Tampa Bay Online with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. Tampa Bay Online reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Tampa Bay Online. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Web site is controlled and operated by Tampa Bay Online from its principal office in the State/Commonwealth of Florida, USA. Tampa Bay Online makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site 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 Web site is not intended to subject Tampa Bay Online to the laws or jurisdiction of any state, country or territory other than the State/Commonwealth of Florida and the United States of America.