Terms of Use

WTF FLORIDA TERMS OF USE

Welcome to WTF Florida, a news and information made available at WTFFlorida.com via the World Wide Web. As used in these Terms of Use, “WTF Florida” means WTFFlorida.com, WTFF, WTF Florida?, WTFF News, as well as all parent entities, subsidiaries and affiliates of WTF Florida. We may refer to WTF Florida collectively as “we,” “us,” “our,” “this website,” “the website,” and “our website” throughout the Terms of Use. Visitors to our site may be referred to as “you,” “users,” or “our users.” Visitors are defined as anyone who visits or uses our website. We may refer to the Terms of Use as “terms and conditions.”

The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between WTF Florida and you regarding the terms on which WTF Florida offers you access to this website.

Your Use of WTF Florida is governed by these Terms of Use. Please take some time to review the Terms of Use. By accessing and using WTFFlorida.com, you agree to be bound by these Terms of Use and all applicable laws and regulations governing our website. If you do not agree with any of these Terms of Use, you are not authorized to access or use this website for any purpose, and you should leave right away.

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

These Terms of Use May Change Without Prior Notice

WTF Florida reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this website.

This Privacy Policy is effective as of May 23, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

Content Warning

Our website contains extreme content. Expect excessive profanities, violent images, sexual descriptions, and inappropriate references. If you are not comfortable with this, please leave immediately.

If you are a minor, defined as anyone under the age of 18, you must not view any content in the NSFW section our site. The NSFW section is defined as any article located within WTFFlorida.com/NSFW/.

We are essentially a nonfiction comedy site. Expect snarky and rhetorical writing. Expect bias. We do this to elucidate, albeit ridiculously, the fact that news media tends to manipulate and exploit the senses. We also write this way because it’s funny. At the end of the day, our intentions are good. We wish to unite Floridians and the world through laughter. Sometimes we have to be crude and ironic to express the truth, since our reality is often ugly and dichotomous. Don’t be so eager to get offended. If something we wrote made you really mad, we’re probably just joking. Or not. We all have differing opinions. Feel free to leave you opinion in the comments.

User Conduct

We offer the ability for users to leave text comments on our website. We are not liable for any of the content our users post. Portions of this website contain unedited materials, some of which may be offensive, vulgar, sexual, and explicit. You access these materials at your own risk. WTF Florida has no control over and accepts no responsibility whatsoever for such materials.

Should you choose to do so, your name and other information voluntarily presented will be publicly posted. By use of this system, you indemnify WTF Florida of any harm or action that results from your voluntary publication of said information.

WTF Florida is not in any way whatsoever responsible for the appearance of any inaccurate, threatening or defamatory information, or for the use of the information contained in or linked from this website. Comments are strictly for the purpose of parody, and all content herein should be treated as such.

The comments posted here are artistic works of fiction and falsehood. No legal action may be taken against a user for their comments.

Anyone can choose any name to post with. WTF Florida makes no claim that the comment poster is who they say they are. We make no guarantee that your comment will not be modified. We make no guarantee that you will be able to edit your comment after posting. Comments cannot be deleted by users.

We remove comments as quickly as possible that contains links to illegal content and viruses. Nasty, rude, offensive comments are generally not deleted. We are very permissive, but we may remove comments as we please for any reason. Our servers may record the numerical Internet protocol (IP) address of the computer you are using, the browser software you use and your operating system, the date and time you access our site, and the Internet address of the website from which you linked directly to our site. By use of this system you consent to such recordings.

WTF Florida is not responsible for anything a user posts in the comments.

Notices of Restrictions on Your Use

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

Restrictions on Use

You may use the website and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:

only use these copies of the Content for your own personal, non-commercial use;

do not copy or post the Content (including source codes) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a website; and

do not modify or alter the Content (including source codes) in any way, or delete or change any copyright, trademark or other legal notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the website. WTF Florida reserves complete title and full intellectual property rights in any Content you copy or download from this website.

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

Distributable Content

Notwithstanding the foregoing, certain Content may be made available on the website for you to distribute or reproduce for limited purposes, subject to additional terms and conditions and restrictions, as may be specified on the website. In no event shall such Content be used by you for any commercial purpose, and in no event shall you have the right to alter or modify such Content in any manner, or make any use of it other than as we specify in these Terms of Use or otherwise on the website.

Specific Disclaimer For Downloading of Files

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

Disclaimer of Warranties

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. WTF FLORIDA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE. WTF FLORIDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). WTF FLORIDA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEBSITE. WTF FLORIDA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. WTF FLORIDA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEBSITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEBSITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

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

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

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

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR

ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF WTF FLORIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WTF FLORIDA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WTF FLORIDA, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO ANY USER OR OTHER INDIVIDUAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (i) THE AMOUNT, IF ANY, PAID BY YOU TO WTF FLORIDA FOR YOUR USE OF THE WEBSITE, OR (ii) $69. ALL USERS UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

Indemnification

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

Privacy Policy and Personal Information

WTF Florida may monitor, record, collect and use for any lawful purpose information generated through your use of the website. We will never sell your information or purposely send you spam. We collect cookies. We run ads. Anything you send to us via contact forms on this site will be considered public information and may be posted on our site and made available to the public.

Please see our Privacy Policy for more details.

Disclaimer on Arrests

All are presumed innocent until proven guilty in a court of law. Every effort is made to ensure the accuracy of information posted on this website, however, WTF Florida does not guarantee accuracy or timeliness of the content of this website. Names may be similar or identical to another individual. Anecdotal details may be included that are not part of the police report, to elucidate Florida culture to outsiders, because that’s what separates us from other news agencies and makes this site fun. We are essentially a nonfiction comedy site, so expect some insulting and unconventional writing. All the articles in the “news” category are real incidents, and will include either a link to another news source and/or (a) direct quote(s) from the arrest affidavit.

GENERAL PROVISIONS

Entire Agreement

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by WTF Florida of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Corrections

The information in the website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

No Endorsements of Links

Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by WTF Florirda of the third party, any third-party website, or the information contained therein. You acknowledge and agree that WTF Florida is not responsible for the availability of any such websites and that WTF Florida does not endorse or warrant, and is not responsible or liable for any such website, or the content on such website, or the services offered by such website. Under no circumstances will WTF Florida be responsible for any loss or damage resulting from your use of any such website or the services offered by such website or any content posted on such website or transmitted from such website. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Parody

We often create content that is satirical in nature, hereby declared as parody. The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. See 17 U.S.C. § 107.

Decency

Our content is protected by Section 230 of the Communications Decency Act (47 U.S.C. § 230), which states:

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

“No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”

We are not responsible or liable for anything. Our site has many anonymous administrators. No single person is responsible for the content on this site.

Lawsuits and Free Speech

We are protected by the First Amendment of the U.S. Constitution.

We are also protected by Florida Statutes 768.295, which was written to “protect the right in Florida to exercise the rights of free speech.”

SLAPP lawsuits (Strategic Lawsuits Against Public Participation) will not be tolerated. If a corporation or entity attempts to censor our site, we will ridicule them relentlessly.

Claims of Copyright Infringement

In the event that you claim to be the copyright owner of any Content, you agree to immediately notify WTF Florida of any claimed copyright infringement. You further agree to provide WTF Florida’s copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:

your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;

identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;

a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and

a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed.

WTF Florida’s Copyright Agent for notice of claims of copyright infringement on or relating to this website can be reached by sending an e-mail request to [email protected] or by using the contact page on our website.

Enforcement

WTF Florida has the right to investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the website and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, WTF Florida may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in all counties of Florida, U.S.A., regarding any and all disputes relating to these Terms of Use, the website Privacy Policy, your use of the website, any other WTF Florida website, or Content or material contained therein.

Termination

We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the website or the website’s services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, our policies or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the website use privileges of users who are repeat infringers of intellectual property rights.

Severability

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

General Contact Information

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you may contact us [email protected] or by using the contact page on our website.

If you were offended by something we wrote, please consult your local therapist, or visit the Complaint Department.