Terms of Service

A “cookie” is a small data file transferred by a Web site to your computer’s hard drive. When you surf our site, make purchases, request or personalize information, or register yourself for certain services, a cookie may be placed on to your computer. By accepting the cookie(s), it does not give us access to your personal information, but we may use it to identify your computer.

This information helps us in tracking user activity and our Web site’s usability. There are two types of cookies, “session” cookies and “permanent” cookies.

“Session” cookies do not stay on your computer after you leave our Web site or close your browser. The information collected permits us to analyze traffic patterns on our site. This can enable us over time to provide a better experience on our site by improving content or personalization and making our site easier to use.

“Permanent” cookies are those that remain on your computer. They are used to facilitate shopping, personalization and registration services. For example, cookies can keep track of what you have selected to purchase as you continue to shop and allow you to enter your password only once on Web pages where a login is required. You can remove these “permanent” cookies at any time.

Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept certain cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you, such as our “Add to Favorites” feature, and some Web pages may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:

Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.htm

Mozilla Firefox: http://www.mozilla.org/support/firefox/options#privacy

Netscape Navigator: http://www.netscape.com/legal_notices/cookies.html

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers.

Each time we collect information, the user is given the opportunity to opt out of any e-mail communication from our site. E-mail will not be sent to anyone who has indicated that they do not wish to receive our newsletters.

If you do not want to receive e-mail from us in the future, please let us know by selecting the “Unsubscribe” link within our e-mail communications.

You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to subscription@kenneycom.com or mail to the following postal address:

EnjoyFlorida.com
1215 Spruce Avenue
Orlando, FL 32824

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

EnjoyFlorida.com does not knowingly collect Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe that EnjoyFlorida.com has Personally Identifiable Information about anyone under the age of 13, please contact us at info@kenneycom.com.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our privacy policy changes at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected. You may prevent your information from being used for any new purposes by e-mailing us at info@kenneycom.com.

This policy and the use of EnjoyFlorida.com are subject to the laws and regulations of the State of Florida. Any claim related to EnjoyFlorida.com or this policy shall be brought in a federal or state court in Orlando, Florida, within one year after the claim arises.

Users of EnjoyFlorida.com consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Should you have any question regarding the privacy policy or our Website, or if you feel that this site is not following its stated information policy, you may contact us at:

EnjoyFlorida.com
Kenney Communications INC.
1215 Spruce Ave.
Orlando FL 32824

407-859-3113

We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

The information on this Web site was supplied by the organizations and corporations listed herein. Kenney Communications, Inc., is not responsible for errors, omissions, and information which may no longer be applicable because of the time element. Some organizations are required by state or federal law to adhere to special licensing requirements and should be contacted individually for specifics. All prices, amenities, dates, times and deals listed on EnjoyFlorida.com are subject to change without notice. Kenney Communications is not responsible for content provided by third parties. Contact the organizations directly to confirm all information, rates, hours, amenities offered, prices, and deals.

The information contained on EnjoyFlorida.com may not be reproduced, modified, or utilized for commercial use without the express written consent of the Kenney Communications, Inc.

All of the information, content, services and software (including source and object codes) on EnjoyFlorida.com, and ENJOYFL on social media (collectively, the ‘Content’) is owned by Kenney Communications, Inc., and its affiliated companies, licensors and suppliers. All material ©2010-2020 by Enjoy Florida™ a Kenney Communications, Inc. company, all rights reserved. Reproduction in whole or in part is prohibited without the written permission of the publisher. Kenney Communications, Inc. actively protects its rights to the Content and its trademarks to the fullest extent of the law.

The Content is intended solely for the personal, non-commercial use of users of EnjoyFlorida.com (the ‘Service’). You should assume that everything you see or read on the Service is copyrighted unless otherwise noted and that no such material may be used except as provided in these Terms of Service. While you may interact with or download a single copy of any portion of the Content for your personal, non-commercial, entertainment, information or use, you may not otherwise reproduce, sell, publish, distribute, modify, display, share, repost or otherwise use any portion of the Content in any way or for any other purpose without the written consent of Kenney Communications, Inc. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to subscription@kenneycom.com.

While Kenney Communications, Inc. uses reasonable efforts to include accurate and up to date information, Kenney Communications, Inc. makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content without limiting the generality of the foregoing, Kenney Communications, Inc. neither warrants nor represents that use of any Content, when authorized, will not infringe rights of third parties. In some cases, Content available on the Service, or information you provide while on the Service, may be provided and/or hosted by third parties. While Kenney Communications, Inc. encourages such third parties to abide by these Terms of Service, Kenney Communications, Inc. has no responsibility for actions of third parties.

The Content includes certain trademarks and service marks owned by Kenney Communications, Inc., and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.

This website accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.

Any attempt to remotely serve ads while accessing www.EnjoyFlorida.com or any sub-pages thereof, or any other Internet properties of the Kenney Communications, Inc. is strictly prohibited.

If you operate a Website and wish to link to the Service, you may link only to the Service’s home page at www.EnjoyFlorida.com and not to any other portion of the Service. Kenney Communications, Inc. (DBA. Enjoy Florida / Enjoy Florida Magazine / www.EnjoyFlorida.com) reserves the right to reject or terminate any links to the Content at any time for any reason. Kenney Communications, Inc. has not reviewed all of the sites linked to the Service and is not responsible for the content or accessibilities of any off-site pages or links to any other sites.

These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by Kenney Communications & Enjoy Florida.

By using the #YESEnjoyFL or #YESEnjoyFlorida you are submitting content to Enjoy Florida, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
• you have obtained any and all necessary permission, consent, and/or release from all persons appearing in your content to submit such person’s likeness in accordance with these terms

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
• that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Enjoy Florida & Kenney Communications a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Enjoy Florida & Kenney Communications shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Enjoy Florida & Kenney Communications with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the applicable governing laws of Florida or the United States.

Any content that you submit to  Enjoy Florida & Kenney Communications may or may not be published or used by  Enjoy Florida & Kenney Communications.  Enjoy Florida & Kenney Communications reserves the right to edit, condense or delete any submitted content that is ultimately posted on  Enjoy Florida & Kenney Communications’s website if  Enjoy Florida & Kenney Communications deems, in its sole discretion, that such content violates these Terms of Use  Enjoy Florida & Kenney Communications does not guarantee that you will have any recourse through  Enjoy Florida & Kenney Communications to edit or delete any content you have submitted.  Enjoy Florida & Kenney Communications may also need to provide disclosures with respect to any content submitted and published by  Enjoy Florida & Kenney Communications.  Enjoy Florida & Kenney Communications reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not  Enjoy Florida & Kenney Communications, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of  Enjoy Florida & Kenney Communications, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Enjoy Florida & Kenney Communications DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND Customer Photo and Video Sharing Terms of Use

These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by Kenney Communications & Enjoy Florida.

By using the #YESEnjoyFL or #YESEnjoyFlorida you are submitting content to Enjoy Florida, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
• you have obtained any and all necessary permission, consent, and/or release from all persons appearing in your content to submit such person’s likeness in accordance with these terms

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
• that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Enjoy Florida & Kenney Communications a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Enjoy Florida & Kenney Communications shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Enjoy Florida & Kenney Communications with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the applicable governing laws of Florida or the United States.

Any content that you submit to  Enjoy Florida & Kenney Communications may or may not be published or used by  Enjoy Florida & Kenney Communications.  Enjoy Florida & Kenney Communications reserves the right to edit, condense or delete any submitted content that is ultimately posted on  Enjoy Florida & Kenney Communications’s website if  Enjoy Florida & Kenney Communications deems, in its sole discretion, that such content violates these Terms of Use  Enjoy Florida & Kenney Communications does not guarantee that you will have any recourse through  Enjoy Florida & Kenney Communications to edit or delete any content you have submitted.  Enjoy Florida & Kenney Communications may also need to provide disclosures with respect to any content submitted and published by  Enjoy Florida & Kenney Communications.  Enjoy Florida & Kenney Communications reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not  Enjoy Florida & Kenney Communications, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of  Enjoy Florida & Kenney Communications, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Enjoy Florida & Kenney Communications DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND Enjoy Florida & Kenney Communications DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

Under no circumstances shall Enjoy Florida & Kenney Communications and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if  Enjoy Florida & Kenney Communications has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

You agree to indemnify and hold  Enjoy Florida & Kenney Communications (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

These Terms of Use and their enforcement shall be governed by the laws of the Florida, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Florida and further agree that any cause of action arising under these Terms of Use may be brought in a court in Orlando, Orange County, Florida, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

EnjoyFlorida® Media Gallery License Agreement (“Agreement”)

Enjoy Florida & Kenney Communications owns a significant amount of intellectual property including but not limited to copyrights, trademarks, logos, images, taglines, photos, and videos.  Enjoy Florida & Kenney Communications also licenses intellectual property from others for use in accordance with such licenses. Collectively, the intellectual property owned and/or licensed by  Enjoy Florida & Kenney Communications shall be referred to as the “ Enjoy Florida & Kenney Communications Material”. Third parties (each, a “Requestor”) may request that  Enjoy Florida & Kenney Communications provide one or more of the  Enjoy Florida & Kenney Communications Material for the Requestor’s use in accordance with this Agreement.  Enjoy Florida & Kenney Communications may, in its sole discretion, grant or deny such request. All Requestors granted access to  Enjoy Florida & Kenney Communications Material must comply with the terms of this Agreement.

General Restrictions on Use of Enjoy Florida Material

•  Enjoy Florida & Kenney Communications Material may only be used as approved by  Enjoy Florida & Kenney Communications in its sole discretion. Such approval may be revoked by  Enjoy Florida & Kenney Communications at any time and for any reason.
•  Enjoy Florida & Kenney Communications Material may only be used to market and promote Orlando as a destination.
•  Enjoy Florida & Kenney Communications Material may not be used in connection with anything obscene, scandalous, libelous, or unlawful, or in any way that may disparage, humiliate, or otherwise harm  Enjoy Florida & Kenney Communications, the Orlando destination, or  Enjoy Florida & Kenney Communications’s licensors, members, and partners, or their products and services.
•  Enjoy Florida & Kenney Communications Material may not be used in any manner that could imply that  Enjoy Florida & Kenney Communications is endorsing or promoting Requestor’s products or services, or the products or services of any third party.
•  Enjoy Florida & Kenney Communications Material may not be reproduced on/in:
  • Any item that is made available for resale
  • Any item of clothing, maps, specialty items, promotional items, and the like
  • Sales and marketing materials, including internet sites, unless express written permission is provided by  Enjoy Florida & Kenney Communications
•  Enjoy Florida & Kenney Communications Material may not be altered in any way and must be used in its entirety unless express written permission is provided by  Enjoy Florida & Kenney Communications. All watermarks, trademark and copyright notices on  Enjoy Florida & Kenney Communications Material, including the  Enjoy Florida & Kenney Communications logo, if any, must remain intact.

Specific Usage Restrictions

There may be specific usage restrictions that come with the  Enjoy Florida & Kenney Communications Material. Requestor shall comply with all such restrictions, which may include geographic, time, attribution, and other requirements. Any specific usage restrictions pertaining to the  Enjoy Florida & Kenney Communications Material shall be deemed a material part of this Agreement.

DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

Under no circumstances shall Enjoy Florida & Kenney Communications and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if  Enjoy Florida & Kenney Communications has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

You agree to indemnify and hold  Enjoy Florida & Kenney Communications (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

These Terms of Use and their enforcement shall be governed by the laws of the Florida, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Florida and further agree that any cause of action arising under these Terms of Use may be brought in a court in Orlando, Orange County, Florida, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

EnjoyFlorida® Media Gallery License Agreement (“Agreement”)

Enjoy Florida & Kenney Communications owns a significant amount of intellectual property including but not limited to copyrights, trademarks, logos, images, taglines, photos, and videos.  Enjoy Florida & Kenney Communications also licenses intellectual property from others for use in accordance with such licenses. Collectively, the intellectual property owned and/or licensed by  Enjoy Florida & Kenney Communications shall be referred to as the “ Enjoy Florida & Kenney Communications Material”. Third parties (each, a “Requestor”) may request that  Enjoy Florida & Kenney Communications provide one or more of the  Enjoy Florida & Kenney Communications Material for the Requestor’s use in accordance with this Agreement.  Enjoy Florida & Kenney Communications may, in its sole discretion, grant or deny such request. All Requestors granted access to  Enjoy Florida & Kenney Communications Material must comply with the terms of this Agreement.

General Restrictions on Use of Enjoy Florida Material

•  Enjoy Florida & Kenney Communications Material may only be used as approved by  Enjoy Florida & Kenney Communications in its sole discretion. Such approval may be revoked by  Enjoy Florida & Kenney Communications at any time and for any reason.
•  Enjoy Florida & Kenney Communications Material may only be used to market and promote Orlando as a destination.
•  Enjoy Florida & Kenney Communications Material may not be used in connection with anything obscene, scandalous, libelous, or unlawful, or in any way that may disparage, humiliate, or otherwise harm  Enjoy Florida & Kenney Communications, the Orlando destination, or  Enjoy Florida & Kenney Communications’s licensors, members, and partners, or their products and services.
•  Enjoy Florida & Kenney Communications Material may not be used in any manner that could imply that  Enjoy Florida & Kenney Communications is endorsing or promoting Requestor’s products or services, or the products or services of any third party.
•  Enjoy Florida & Kenney Communications Material may not be reproduced on/in:
  • Any item that is made available for resale
  • Any item of clothing, maps, specialty items, promotional items, and the like
  • Sales and marketing materials, including internet sites, unless express written permission is provided by  Enjoy Florida & Kenney Communications
•  Enjoy Florida & Kenney Communications Material may not be altered in any way and must be used in its entirety unless express written permission is provided by  Enjoy Florida & Kenney Communications. All watermarks, trademark and copyright notices on  Enjoy Florida & Kenney Communications Material, including the  Enjoy Florida & Kenney Communications logo, if any, must remain intact.

Specific Usage Restrictions

There may be specific usage restrictions that come with the  Enjoy Florida & Kenney Communications Material. Requestor shall comply with all such restrictions, which may include geographic, time, attribution, and other requirements. Any specific usage restrictions pertaining to the  Enjoy Florida & Kenney Communications Material shall be deemed a material part of this Agreement.

Any forums, bulletin boards, chat rooms, and other interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. In some portions of our sites, you may be invited to post content such as messages, newsletters or other articles you have created. Kenney Communications, Inc. does not endorse the accuracy or reliability of any advice, opinion, statement or information posted by third parties, including our users. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

When posting any content, please use your best judgment and be respectful of other individuals using these forums. You may not use vulgar, abusive, indecent, threatening or hateful language or post material or messages that violate any other party’s right to privacy or publicity. Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. You may not use the Service’s bulletin boards or other interactive areas for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Kenney Communications, Inc. will terminate the rights of users who repeatedly uploads material they know to be infringing. If you are aware of any infringing material placed by any third party on the Service, please contact subscription@kenneycom.com. You agree to indemnify, defend and hold harmless Kenney Communications, Inc. and each of its affiliates and related entities against any claim or cost, including attorneys fees, arising from the use or distribution of any materials you provide to us or post on the site.

Given the nature of the Service and the volume of messages and postings, Kenney Communications, Inc. cannot and does not monitor all of the material posted or transmitted by users and third party information providers. You agree the Service will not be liable for such third party content.

Kenney Communications, Inc. reserves the right to delete, move or edit any communications that it deems, in its sole discretion: to violate this agreement; potentially offensive or harmful to individuals or communities; obscene; defamatory; in violation of Kenney Communications, Inc.’s or any third party’s rights; or otherwise unacceptable for any reason. Kenney Communications, Inc. will fully cooperate with law enforcement authorities and legal proceedings requiring Kenney Communications, Inc. to disclose the identity of anyone posting any information or materials.

By placing material on or communicating with the Service, including communication during any registration process, communication on any bulletin board and/or the submission and posting of any content on the Service, you hereby grant Kenney Communications, Inc., its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You grant Kenney Communications, Inc. and its affiliates and related entities the right to use your name in connection with the reproduction or distribution of such material. Kenney Communications, Inc. also reserves the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

You hereby represent and warrant that all material given to us is wholly original with you, or properly licensed, and shall not infringe or violate any patent, copyright, trade secret or other rights of any third party or the right of privacy of, or constitute libel against, any person, firm or corporation. You also hereby release Kenney Communications, Inc., and its parent, related and affiliated companies, and their respective successors, affiliates, licensees and assigns and the directors, officers, employees and agents of each, from all claims, demands, liabilities, damages, costs and expenses (including attorneys’ fees and expenses) that you or any third party may now or hereafter have against Kenney Communications, Inc. or them arising in connection with our utilization of the material and Kenney Communications, Inc.’s exercise of rights hereby granted, including, without limitation, claims for compensation, invasion of privacy, or other infringements or violations of property rights of any sort whatsoever. You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

Kenney Communications, Inc. retains exclusive ownership of all material and information regarding users of the Service, including demographic information, information about personal preferences and any other information provided by users. No third party may use such material without Kenney Communications, Inc.’s specific prior written consent.

Kenney Communications, Inc. does not accept unsolicited materials or ideas for use or publication, except for information posted directly to forums, chat rooms and bulletin boards and other portions of the Service specifically described and designated for such user content. Kenney Communications, Inc. shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER KENNEY COMMUNICATIONS, INC. OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ‘AS IS’ AND KENNEY COMMUNICATIONS, INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. KENNEY COMMUNICATIONS, INC. DOES NOT WARRANT THAT THE SERVICE PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.

Kenney Communications, Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, the Service or your downloading of any materials, data, text, images, video or audio from the Service.

In no event shall Kenney Communications, Inc. be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to, lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data in this web site, or any failure or delay in updating or including any data in this web site, or any use of or inability to use any data in this web site (including, without limitation, the use of or inability to use this web site for reservations or ticketing), or the performance or nonperformance by Kenney Communications, Inc., of any reservations or ticketing function, even if Kenney Communications, Inc. has been advised of the possibility of such damages.

Some states and countries do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Kenney Communications, Inc., should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this web site described above, Kenney Communications, Inc. liability shall not exceed the amount of any subscription fees and/or service charges paid by claimant to Kenney Communications, Inc. for the services and/or data with respect to which liability is found.

IN NO EVENT SHALL KENNEY COMMUNICATIONS, INC., ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL KENNEY COMMUNICATIONS, INC., ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES: (a) IN EXCESS OF THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR (b) FOR ANY CLAIM, ALLEGATION OR INJURY RESULTING FROM OR RELATED TO: (1) YOUR USE OR INABILITY TO USE THE SERVICE; (2) ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; (3) ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

Kenney Communications, Inc. reserves the right in its discretion to change these Terms of Service at any time and to notify users of any such changes by changing this Terms of Service. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Kenney Communications, Inc. may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content, at any time without notice or liability. Kenney Communications, Inc. may deny access to any person or user at any time for any reason. In addition, Kenney Communications, Inc. may at any time transfer its rights and obligations under this Agreement to any Kenney Communications, Inc. affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Orlando, Florida, within one year after the cause of action arises.