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Terms of Use Agreement between “Member” and
What’s Up Southwest Florida LLC

The information contained on this site is for the express purpose of being of interest to the general public and does not constitute an endorsement of or recognition of the validity of any business profile or community event information contained on this site. The information contained on this site is for general public interest only.

This website operated by What’s Up Southwest Florida LLC and is known as What’s Up SWFL. This site allows you to create a business profile for advertising and social media marketing purposes. You agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and make use of What’s Up SWFL services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

Membership in the What’s Up SWFL service constitutes the creation of an account with the purpose of creating a business profile, posting on the calendar of events, posting comments where allowed or posting and sharing the information contained on this site with your social media resources.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.

What’s Up Southwest Florida LLC may modify this Agreement from time to time and such modification shall be effective upon posting by What’s Up Southwest Florida LLC on the website. What’s Up Southwest Florida LLC.

This Terms of Use Agreement contains policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and What’s Up Southwest Florida’s Privacy Policy.

From time to time What’s up Southwest Florida LLC/What’s up SWFL may hold offline events. By participating in any What’s Up Southwest Florida LLC/What’s Up SWFL event, you agree to release and hold harmless What’s Up Southwest Florida LLC/What’s Up SWFL from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline What’s Up Southwest Florida LLC/What’s Up SWFL event.

What’s Up Southwest Florida LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. Please choose carefully the information you post on What’s Up SWFL and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other What’s Up SWFL Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services What’s Up Southwest Florida LLC/What’s Up SWFL assumes no responsibility nor liability for this material.

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Terms of Use
Membership in What’s Up SWFL Website Service

1.Eligibility: Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the What’s Up SWFL service shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal/professional use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including but not limited to: business profile information, pictures, text, videos, coupons, any comment posted and for your interactions with other members.

2.Membership (General) Any individual may create an account for membership for the express purposes as outlined below. There is no need to create an account for membership unless you intend to do so to create a business profile, post an event on the Calendar of Events, receive our newsletter or comment on information contained where allowed. What’s Up Southwest Florida LLC/What’s Up SWFL retains the right to deny, suspend, terminate the membership in this service for any or no reason without written notice.

To create an account for the purpose of creating a business profile: Your business MUST be geographically located in Southwest Florida. We define Southwest Florida/SWFL as the following Counties: Lee, Collier, Charlotte, Hendry, Glades and Sarasota. Online businesses: Your business address of record MUST be located within southwest Florida/SWFL as defined above.

You are subject to the rates and fees outline in the rates/fees section of this agreement and on the website in the advertise section.

What’s Up Southwest Florida LLC/What’s Up SWFL has the right to deny membership and or the granting of permission to post on this website to any business, business owner or authorized representative of such business that does not meet the eligibility requirements. What’s Up Southwest Florida/What’s Up SWFL will deny membership to any individual(s) who create an account for membership for a business that is violent, approves of violence, is pornographic in nature and is otherwise offensive to the other members of this site and community at large.  

To Create an account for posting an event on the Calendar of Events: The individual account holder/member agrees that they are an the event organizer of have been granted permission by the event organizer(s) to post event information on the Calendar of Events.

Any event posted on the Calendar of Events Must also be located/held in Southwest Florida/SWFL as defined above and MUST be open to the general public at large. There are no exceptions allowed to this policy. Any event posted that does not meet this eligibility will not be granted permission to be posted on this website. Any event that is violent in nature, pornographic or contains nudity will not be granted permission to be posted on our calendar of events.

What’s Up Southwest Florida LLC/What’s Up SWFL retains the right to deny permission to post on the calendar of events any event that they deem is not in the general interest of the Community.

To create an account for purposes of receiving the What’s Up Southwest Florida Newsletter: Anybody who is interested in receiving our newsletter may create an membership account. You agree that you are opting to receive this newsletter and may “opt out” at any time by following the instructions contained in each newsletter.

3.Rates, Fees and Membership Term/Renewal

Membership account for Business Profiles: There are 4 levels of business profile memberships contained on this site: Premier Business Profile, Featured Business Profile, Enhanced Business Profile and Business Profile. These memberships are subject to the rates/fees as clearly written in the advertise section on the website. Rates/Fee are subject to change without prior written notice and are effective when posted on this website.   Membership Term: Your membership is valid for 1 year from the date your account is created. You may renew your membership by paying the applicable renewal rate/fee due prior to your expiration date. You may cancel your membership account at any time. If you do cancel your membership account prior to your renewal date no refund will be granted for time remaining on your account.

Membership account for Calendar of events posting/receiving What’s Up SWFL newsletter. There is no fee to create a membership account for this express purpose. This is a free service of What’s Up Southwest Florida LLC/What’s Up SWFL. Membership Term: There is no expiration to the term of your membership. You may cancel your membership at any time.

What’s Up Southwest Florida LLC/Whats Up SWFL retains the right to cancel membership at any time should the account holder be found in violation of these Terms of Agreement. No refund of fees will be granted.

4.Non- Commercial Use of this Website - The Website is for the personal/professional use of the Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of What’s Up Southwest Florida LLC/What’s Up SWFL . Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. No refunds of any fees will be granted. Appropriate legal action will be taken by What’s Up Southwest Florida LLC for any illegal or unauthorized use of the Website.

5.Proprietary Rights in Content on What’s Up SWFL: What’s Up Southwest Florida LLC owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of What’s Up Southwest Florida LLC and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

6.Content Posted on the Site:

You understand and agree that What’s Up Southwest Florida LLC may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of What’s Up Southwest Florida LLC violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. No refund will be granted on any fees remaining on your membership.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

By posting any Content to the public areas of this Website, you hereby grant to What’s Up Southwest Florida LLC the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on this Website as well as on our social media accounts. This license will terminate at the time you remove such Content from the Website, do not renew your membership or membership is terminated.

The following is a partial list of the kind of Content that is illegal or prohibited on this Website. What’s Up Southwest Florida LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Should membership be terminated there will be no refund in remaining membership fees.

 Prohibited Content includes Content that:

1. 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. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
   4. 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
   5. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
   6. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
   7. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
   8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users
   9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
   10. You may not attempt to impersonate another user or person who is not a member of What’s Up SWFL
   11. Posting of Videos/Photographic that contain nudity, pornographic materials are expressly forbidden and can will result in termination of your membership with no refund in remaining fee of membership.
   12. Any automated use of the system, such as using scripts to add friends, is prohibited.
   13. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
   14. You may not sell or otherwise transfer your profile.

7.Copyright Policies: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of What’s Up Southwest Florida LLC to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to What’s Up Southwest Florida LLC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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. What’s Up Southwest Florida LLC Copyright Agent for notice of claims of copyright infringement can be reached via email address.

8.Disclaimers: What’s Up Southwest Florida LLC is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. What’s Up Southwest Florida LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. What’s Up Southwest Florida LLC 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. What’s Up Southwest Florida LLC 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 at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall What’s Up Southwest Floirda LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and What’s Up Southwest Florida expressly disclaims any warranty of fitness for a particular purpose or non-infringement. What’s Up Southwest Florida LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

9.Limitation on Liability: IN NO EVENT SHALL WHATS UP SOUTHWEST FLORIDA LLC 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 WEB SITE OR THE SERVICE, EVEN IF WHATS UP SOUTHWEST FLORIDA LLC BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHAT’S UP SOUTHWEST FLORIDA LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO WHAT’S UP SOUTHWEST FLORIDA LLC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

10.Disputes: If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.

11.Indemnity: You agree to indemnify Whats Up Southwest Florida LLC its subsidiaries, affiliates, officers, agents, and other 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 Service 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.

12.Other: This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and What’s Up southwest Florida LLC regarding the use of the Website and/or the Service. The failure of What’s Up Southwest Florida LLC 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. Please contact us with any questions regarding this Agreement.