Terms of Use

Last Update: October 28, 2009.

Please read these terms of use (the "Terms of Use") carefully before you use the services offered on this web site, experiencejax.com (the "Site" or "ExperienceJax"), whether to access and review the information on the Site, to submit information to be posted on the Site, or make any other use. Your use of the Site is governed by these Terms of Use as well as the Site's privacy policy (the "Privacy Policy"), available at www.experiencejax.com/privacy or via a link on the home page of the Site. The Site is operated and brought to you by the Cultural Council of Greater Jacksonville, Inc. ("Cultural Council", "we", "us"). It is directed to users located in the greater Jacksonville, Florida region (the "Jacksonville Area"). As used herein, the term "you" includes you as an individual and any entity on whose behalf you use the Site.

1. Acceptance of Terms

By visiting the Site and/or using the services offered on the Site, you agree to be bound by these Terms of Use, which includes and incorporates by reference, any other guidelines, notices, terms and/or conditions that may be posted here or on the Site from time to time. These Terms of Use may be modified and updated by us at any time. When we post the revised Terms of Use to the Site, the updated Terms of Use will include the date it was last revised. You agree to check the Terms of Use periodically as you use and revisit the Site so that you will be aware of any such revisions. Your continued use of the Site shall constitute your agreement to the revised Terms of Use. Should you object to these Terms of Use or any guidelines, notices, terms, conditions, or any subsequent modifications thereto or become dissatisfied with the Site or its services in any way, you agree that your only recourse and remedy is to immediately discontinue use of the Site and its services.

2. Purpose of Site

The Cultural Council has established this website as a nonpublic forum whose purpose is to provide a useful online calendar that lists arts, entertainment, cultural and major sporting events that are taking place in the Jacksonville Area, for use by residents and visitors to the Jacksonville Area. The Site is not to be used by children under 13 years old.

3. Content

Events to be posted on the Site must fall within one or more of the following categories listed on the Site. Events that should not be included, even if they might otherwise fall within one of the above-mentioned categories, include events that require a paid membership to attend; organizational meetings, store or other retail or wholesale sales announcements or activities, youth or adult recreational league sporting events, events that are by invitation only, events not open to the public (although requiring payment for admission is acceptable), and events that are not related to the arts, entertainment, or culture of the Jacksonville Area. Requests for posting information for political events, for example events associated with, sponsored by or serving a candidate for elected office or an elected official, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal, are not appropriate for this Site.

The Site provides users with the ability to submit information related to appropriate, local events for listing on the Site, such as a brief description of the event, its time, place, any entry/ticket costs, and links to one or more other web sites where additional information about the event may be provided. In submitting an event to be added to the Site, you agree that any or all information submitted will be posted. You understand and agree that you are responsible for all event information and related materials ("Content") that are posted on, transmitted through or linked from the Site, by or at your request. You warrant and represent to the Cultural Council that you have all rights required to post any such Content, and that Content you provide to be posted on or linked from the Site conforms with the requirements of these Terms of Use.

You further understand and agree that we do not control and are not responsible for Content provided by users that is made available through the Site, and that by using the Site you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. In addition, the information may include typographical or similar errors, the events listed may not occur or may not occur at the stated time or place. You agree and understand that with respect to the Content on the Site, and including any links to other web sites and any material or information provided thereon, your decision whether or not to attend or participate in any event listed is your own responsibility and is at your own risk. Under no circumstances will we be liable or responsible for any Content, links or linked material or information provided by users, nor for any loss, injury or damage of any kind incurred as a result of the use thereof by users.

The Site and Content provided by users may contain links to other websites. These web sites may be provided by other users or otherwise for your convenience. We have no responsibility for such web sites, their content or information provided therein, and their inclusion does not suggest endorsement by or affiliation with, us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. If you link to any such websites, you do so at your own risk. Also, other web sites are governed by different privacy policies (or may have no policy at all) and thus we recommend that before you provide any personal information on such linked sites, that you review the applicable privacy policy to be sure you are comfortable with it.

We may provide links to organizations such as government, tourism, economic development, local media outlets, schools, libraries, local cultural institutions, non-profit local neighborhood organizations, non-profit local business associations, or sites that provide Internet mapping services, weather, or other factual and detailed informational services of benefit to citizens. However, we do not accept user requests for links to websites that are not connected with a specific calendar event and that do not otherwise comply with these Terms of Use. Our provision of any links, whether or not they relate to any specific event, does not constitute a waiver of any of these Terms of Use.

We ask that you report to us any violations of these Terms of Use by others by using the “Mark as Inappropriate” button to flag the event for the administrator or emailing to Our failure to act with respect to such violation or your notice does not waive our right to act with respect to subsequent or similar violations, or increase our responsibility for such reported violation.

The person or party posting an event will be responsible for reviewing and approving his/her Content for posting on the Site based on the acceptance of Terms of Use and the overall purpose of the Site. You acknowledge and agree that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Content that is available via the Site, for nonconformance with the Terms of Use, because it is inconsistent with the overall purpose and goals of the Cultural Council and this Site, or for any other reason, except that we do not discriminate based upon the viewpoint contained in any proposed posting. Content may be removed at the discretion of the Community Services Manager of the Cultural Council. An appeal of that determination may be submitted via e-mail at within twenty days of the determination. Appeals shall be decided by the Deputy Director of the Cultural Council within thirty (30) days of receipt of the written appeal. All decisions of the Deputy Director shall be final.

4. Additional obligations and responsibilities

You warrant and represent that you are at least 13 years old.

You agree to keep any Site emails from secure and to be responsible for any use made by others from information contained in emails from You agree that your right to access the Site and use of information contained in emails from is not transferable.

You agree to comply with these Terms of Use and with all applicable laws, rules and regulations, and not to use the Site for any illegal or unauthorized purpose.

You agree that any information you provide, including your user information, will be accurate and complete and will conform to the purpose of the Site and requirements of these Terms of Use.

You acknowledge that you are solely responsible for your conduct, use of the Site, and any Content that you submit to be posted on the Service.

You agree not to submit Content (nor any links to content) that: is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, obscene, libelous, violates another's privacy or other rights, infringes the rights of others, or harms minors in any way; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person or entity, including, but not limited to, one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity; includes non-public personal or identifying information about another person without that person's explicit consent; or is false, deceptive, misleading, deceitful, or constitutes a "bait and switch".

You agree not to modify, adapt, copy or endeavor to secure unauthorized access to the Site, Site systems or Site or user data, nor to, through or on another web site or by other means falsely imply any association with us or the Site.

You agree not to use the Site or its systems to gather information about other Site users or to create or submit unwanted email, including so-called SPAM, to any Site users.

You agree not to send or submit through or to the Site any intentionally false or misleading information, nor any worms or viruses or any code of a destructive nature.

You agree not to engage in conduct or send messages that cause or are intended to cause a disruption of the Site or its systems, whether due to the number of such messages, their size or contents, or otherwise.

You agree that you must secure express written authorization from us before you can use any portion of the Site, including any Content or use of the Site's RSS feeds, for any commercial purpose.

5. Modifications; Site ownership

We reserve the right to amend, modify or discontinue all or any portion of the Site and the services offered on and through the Site for any reason, without notice at any time.

As between you and us, we own all right, title and interest, including, without limitation, copyright, in and to the Site, its systems and content, other than user provided Content. ©Cultural Council of Greater Jacksonville, Inc. 2007. All Rights Reserved. No use of the Site or its services or systems is permitted except as expressly permitted herein.

6. Privacy Policy

Please review the Site's Privacy Policy available on the home page of the Site (http://experiencejax.com/privacy). The Privacy Policy explains how we may collect, use and disclose your personally identifiable information. We may modify the Privacy Policy in accordance with its terms. You acknowledge that any Content provided by you for posting on the Site is not private and may be preserved by us, and disclosed at any time. You further acknowledge and agree that we may, in our sole discretion, preserve and/or disclose any information you provide or make available to us, as well as your personal information, such as names, addresses, email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content or user conduct violated the law or the rights of others, or to protect our rights, property, or personal safety, or that of Site users or the general public.

7. Termination of service

You agree that we, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate and/or block your access to or use of the Site, its services, or any part thereof, immediately and without notice, and remove and discard any information, including any Content within the Site or Site systems, for any reason, including, without limitation, if we believe that you have violated the Terms of Use. Further, you agree that we are not be liable to you or any third-party for any termination of your access to the Site or services. You agree not to attempt to use the Site or its services after said termination. Your obligations under these Terms of Use, including in Sections 3-11 shall continue despite your decision not to use the Site further.

8. Indemnity

You agree to indemnify and hold us and our affiliates, and each of our respective officers, directors, advisors, employees, agents, service providers, successors, and assigns (the "Indemnified Parties"), harmless from any losses, damage, claims, costs, fees, and fines, including reasonable attorney fees and court costs, incurred by any of the Indemnified Parties as a result of your use of the Site and its Services, any Content you provide for posting to the Site, your violation of these Terms of Use or your breach of any of your representations, warranties or covenants. In the event of a third party claim against any of the Indemnified Parties that would be covered by this indemnification and for which we intend to seek indemnification from you, we will use reasonable efforts to notify you and you agree to fully cooperate with us in the defense thereof, at your cost.

9. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE AND SITE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SITE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ANY WARRANTIES: (A) AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND/OR PERFORMANCE OF THE SITE AND SITE SERVICES AND THE INFORMATION, CONTENT AND OTHER MATERIAL ACCESSED THROUGH, APPEARING ON, OR LINKED FROM OR TO THE SITE; (B) FOR ANY OTHER SERVICES OR GOODS RECEIVED THROUGH, LISTED ON OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; AND (C) REGARDING PROTECTIONS AGAINST VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR SITE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Release and Waiver of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES HAVE ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SITE SERVICES, WHETHER THE DAMAGES ARISE FROM OUR NEGLIGENCE, USE OR MISUSE OF THE SITE OR SITE SERVICES, FROM YOUR FAILURE TO ATTEND OR ENJOY AN EVENT, FROM HARM INCURRED AT AN EVENT, FROM MISTAKES, INACCURACIES, TYPOS, OMISSIONS IN CONTENT, FROM INABILITY TO USE THE SITE OR SITE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SITE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF INFORMATION, LISTINGS, SERVICES OR PRODUCTS RECEIVED THROUGH, LISTED ON OR ADVERTISED IN CONNECTION WITH THE SITE OR SITE SERVICES OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SITE SERVICES OR ANY LINKS ON THE SITE. YOU AGREE THAT YOU RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE INDEMNIFIED PARTIES FROM ALL LIABILITY TO YOU, YOUR REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF ANY INJURY OR LOSS TO THE PERSON OR PROPERTY, INCLUDING BUT NOT LIMITED TO DEATH, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE ATTENDANCE AT OR PARTICIPATION IN ANY EVENT POSTED ON THIS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT ANY EXCLUSION OR WAIVER OF LIABILITY HEREIN IS NOT ALLOWED BY APPLICABLE LAW, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. General information

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us governing your use of the Site and its services, and it supersedes any prior agreements between you and us in connection with this Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. To the extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or related to use of the Site and its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that jurisdiction and venue for any disputes between you and any of the Indemnified Parties in connection with these Terms of Use , shall be proper only in the state or federal courts located in Duval County, Florida, and you waive any objection due to inconvenient forum or lack of personal jurisdiction. These Terms of Use shall be governed by the laws of the State of Florida, without regard to its choice of law and conflict of law provisions.