Terms and Conditions of Service

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Terms of Use: Updated Jan 13, 2020

This is the official Terms of Use Agreement ("Agreement") for MiamiChance.com("Site"), an Internet website owned and operated by Miami Chance LLC. ("MiamiChance.com", collectively "we," "us," or "our"). MiamiChance.com operates and controls the Site from its offices in Miami, Florida, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so, on their own initiative and are responsible for compliance with any applicable local laws.

Terms and Conditions of use are normal part of practically all businesses, so please take a minute and read our before accessing and using Miami Chance services. Miami Chance reserves the right to change the Terms and Conditions of use at any time. You can check the updates of the terms and conditions in: https://miamichance.com/info/terms.html

Miami Chance provides a collection of online resources, servers, services, websites, mobile app, or any associated content/postings including classified ads and various messaging services, subject to the following "Terms of Use". By accessing or otherwise interacting you agree to these terms of use.

By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular services, you agree to abide by any applicable guidelines for all Miami Chance services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied in any way, your only recourse is to immediately discontinue use of Miami Chance. Miami Chance has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation and active investigation.

If you are accessing or using Miami Chance on behalf of a business, you represent and warrant to Miami Chance that you have authority to accept the Terms and Conditions on behalf of that business and that that business agrees to the Terms and Conditions.

Under Children's Online Privacy Protection Act of 1998 (COPPA), you must to have more than 14 year to access to our services and create an account. If you have less than 14 year you must be in companion of a parent or guardian to use the website.

You are responsible for periodically checking for changes in our privacy policy (https://miamichance.com/info/privacy.html), prohibited list (https://miamichance.com/info/prohibited.html), and all other policies, site rules, and agreements.

Humans are not programmed for anything categorical

You are responsible for knowing why and what is happening around you and realize that your actions may have long-term consequences beyond this moment in time. We do our best to keep scams from getting on this site, however it can and does happen.  Deal locally, face-to-face in a safe place, follow this one rule and avoid 99% of scam attempts. Do not provide payment to anyone you have not met in person. Beware offers involving shipping - deal with locals you can meet in person. Never wire funds like Western Union or others - anyone who asks you to is a scammer. Don't accept cashier/certified checks or money orders - banks cash fakes, then hold you responsible. Transactions are between users only, no third party provides a "guarantee".  Never give out financial info (bank account, social security, paypal account, etc). Do not rent or purchase sight-unseen—that amazing "deal" may not exist. Refuse background/credit checks until you have met landlord/employer in person.  Check our Scam Policy (https://miamichance.com/info/scams.html)

Registration and use of password

We may require each user to have a unique user name and password combination in order to use the site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the site. Please read our privacy policy, which describes the personally identifiable information ("personal information") we collect, use, disclose, manage and store. As part of the registration process you will choose a user name ("nick") and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.

Passwords are issued on a personal basis. Accordingly, all content or instructions transmitted by or received from anyone presenting your password on the site will be deemed binding on you. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the site for which you will be legally responsible.

Advertising

From time to time, during your use of the site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "advertisers"). All such communication, interaction and participation is between you and such advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertiser or any goods or services you may purchase or obtain from any advertiser).

Rules of conduct

Your use of the site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the site, or knowingly condone use of this site by others. You can only use this website within the law. You may not post, email or transmit any material through this site or any other type of activity or content:

  • Violates or infringes the rights of others, including but not limited to patents, trademarks, trade secrets, copyrights, rights of publicity and other proprietary rights.
  • Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else.
  • Violates any federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
  • Create a false identity for the purpose of misleading others or forge any tcp/ip packet header or part of the header information in any email or newsgroup posting for any reason.
  • Is unlawful, threatening, harmful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, malicious, invasive of another's privacy, harmful to minors in any way or contains explicit or graphic descriptions or accounts of sexual acts.
  • Discriminate, harasses, degrades, intimidates or is hateful toward an individual or group of individuals on account of their religion, gender, sexual orientation, race, ethnicity, age or disability.
  • Impersonates any person, business or entity, including Miami Chance and its employees and agents.
  • Violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
  • Contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or network computers; encourages conduct that would constitute a criminal offense or give rise to civil liability.
  • Interfere with the use of this website by other users.
  • You may not use this website in any manner which could damage, disable, overburden, or impair our servers or networks, or interfere with the use and enjoyment of the website by other users. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks through hacking, deciphering passwords or other means. We will take the necessary legal and technical measures to prevent any breach of these terms and conditions and to ensure compliance.
  • That includes personal or identifying information about another person without that person's explicit consent.
  • That is false, deceptive, misleading, deceitful, or constitutes "bait and switch".
  • Any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. Please check https://miamichance.com/info/prohibited.html
  • Violates these terms of use and instructions or any other policy posted on the website.

Deactivation/termination of your registration or use

If you are registered to use the site, you may deactivate your account on the site, at any time and for any reason, by logging in to your account and then by clicking on the "my account" link and then selecting the "cancel my account" option. You agree, in its sole discretion, we has the right to terminate your use of and registration, or to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service on the site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Assumption of risks and mature content

You assume all risks that the site, content, user materials, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in multi-player games or visiting chat rooms you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that flashgamesplayer.com, its parent companies or any of their affiliates or agents shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

Indemnification

You agree to indemnify, defend and hold the site, MiamiChance.com, the parent companies and any of their affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you, or public posting of your postings.

International usage

This site is controlled and operated by MiamiChance.com from its offices within Miami, United States of America. MiamiChance.com makes no representation that the site, applications, or related information offered by MiamiChance.com are appropriate or available in other locations. Those who choose to access the 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..

Claims for property rights and copyright law

MiamiChance.com as a services provider intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of MiamiChance LLC to respect the legitimate rights of copyright owners, their agents, and representatives. All users using the website required to respect the legal protections provided by applicable copyright law. We will respond under Safe Harbor Policy promptly by removing the infringing material, by disabling access to the infringing material or by taking any other action. Please teak a look of our DMCA Policy at: https://miamichance.com/info/dmca-policy.html

Electronic notification Policy and Consent of the user

All users agree to receive updates and necessary agreements and other related data from the website electronically. If you do not agree you must stop using the website. Read the Privacy Policy for more information.

Fees

When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service.

You understand that Miami Chance does not control, and is not responsible for content made available through the service, and that by using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Contests, sweepstakes, auctions and promotions

From time to time, MiamiChance.com, its parent companies, the affiliates or the site's operational service providers, suppliers, and advertisers, may conduct promotions on or through the site, including, without limitation, auctions, contests and sweepstakes ("promotions") which may be subject to additional terms and/or rules.

Hyperlinks to third party sites

The appearance, availability, or your use of urls or hyperlinks referenced or included anywhere on the site or any other form of link or re-direction of your connection to, with or through the site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the site, MiamiChance.com, the parent companies or any of its affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the site's, MiamiChance.com, the parent companies' or any of their affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our privacy policy, which describes how MiamiChance.com collects and uses your personal information and co-branding relationships.

Disclaimer and limitations of liability

This site, and all materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use, or that all products, features, functions, materials or operations will be available or perform as described. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site.

Except as specifically set forth in this agreement, we expressly disclaim any and all liability arising from or relating in any way to any and all products and materials. Except as specifically made in writing, we expressly disclaim all representations and warranties of any and every kind, express or implied, with respect to any and all products and materials, including, but not limited to, any warranty of merchantability or of fitness for a particular purpose.

You understand and agree that, to the fullest extent permissible by law, this site, MiamiChance.com, its parent companies, any of their affiliates, or their respective successors and assigns, or any of their respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the site or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

You agree that your sole remedy for any breach of these terms by MiamiChance.com, its parent companies or any of their affiliates or agents shall be, at MiamiChance.com's option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on MiamiChance.com; or (2) refund of the amount that you paid to MiamiChance.com. You agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.

Law that applies to this agreement; miscellaneous terms

This agreement, together with any additional terms, rules, our privacy policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the site and your use of the site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this agreement; however, no action arising out of this agreement or your use of the site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This agreement and your use of the site is governed by, construed and enforced in accordance with the internal substantive laws of the state of Miami (notwithstanding the state's conflict of law’s provisions) applicable to contracts made, executed and wholly performed in Miami, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the state and federal courts situated in the state and county of Miami and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the uniform computer information transactions act. In any action or proceeding commenced to enforce any right or obligation of the parties under this agreement, your use of the site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.

Conclusions

In conclusion, the breach of the terms and conditions of use of this website or other rules and regulations listed above will give us the right to block access to the website in whole or in part without notice. To contact us you can do so via our Contact Us. Thank you very much for using MiamiChance.com.