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PRIVACY POLICY

PRIVACY POLICY RELATING TO FLAMINGO BUS MIAMI LLC TOURS

FLAMINGO BUS MIAMI LLC PRIVACY POLICY

This website is operated by FLAMING BUS MIAMI LLC. FLAMINGO BUS MIAMI LLC respects your privacy and wants you to know what information we collect from you (“Personal Information”), when and how we may use your Personal Information, the measures we take to protect your Personal Information, and the choices you have regarding your Personal Information collected on this website (collectively, the “Site”).

This Privacy Policy sets forth our practices with respect to your Personal Information on the Site and is part of our Terms of Use (below) that govern use of the Site. A link to our Terms of Use is provided at the bottom of each page on the Site. By using the Site, you consent to the terms set forth in this Privacy Policy and to the transfer of certain data to our servers.

Any links found on the Site to websites maintained by anyone other than FLAMINGO BUS MIAMI LLC are not governed by this Privacy Policy. Should you have any questions regarding the use of your Personal Information on these websites, we urge you to view that website’s privacy policy.

What information do we collect?
FLAMINGO BUS MIAMI LLC may collect Personal Information in a variety of ways, including: (1) directly from you, (2) from the Site’s server logs, (3) through the use of cookies, and (4) other sources (such as databases, joint marketing partners, and social media platforms). This Personal Information is used and shared with other entities affiliated with FLAMINGO BUS MIAMI LLC for business and operational purposes, such as administering and improving the Site, advertising and marketing, customer service, analyzing and managing the organization, market research, fundraising, and improving our services.

Personal Information you provide to FLAMINGO BUS MIAMI LLC through the Site, or by any other means may be stored and processed in any country where we have facilities or service providers. By using the Site, you consent to the transfer of your Personal Information to countries outside of your country of residence, including the United States, whose data protection rules may differ from those in your country of residence.

Information Provided Directly by You
When visiting the Site, you may be asked to provide certain Personal Information, which could include your name, address, telephone number, email address and financial information necessary to process your request. This information will be kept in a database for future reference, as needed. We may use this information to contact you with offers regarding products or services from FLAMINGO BUS MIAMI LLC. If you wish to opt out or unsubscribe, please contact us at the address below.

FLAMINGO BUS MIAMI LLC may also ask you to provide information such as your name, address, telephone number and email address for customer support or to resolve any technical issues that you may have with the Site. This information will help us to improve the Site for you and other users.

Server Logs
FLAMINGO BUS MIAMI LLC may track certain information regarding your visit to the Site, and store the information in our servers. This information is captured electronically and may include:

  • Your IP address
  • The name of your internet service provider (ISP)
  • Where you access the Site from
  • The links you visit from the Site and pages you view
  • The frequency of your visits to the Site including the date and time
  • Any searches on the Site
  • Requests submitted through the Site

Cookies
FLAMINGO BUS MIAMI LLC may also utilize cookies to customize your experience on the Site and store certain information about you. Cookies are small pieces of data that are sent to your hard drive from our server to help you navigate the Site and save your preferences. Although most internet browsers are set up to accept cookies, you may set up your browser to notify you of cookies or refuse to accept them. Please note that not accepting cookies may affect some of the Site’s functionality.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer your Personal Information to unaffiliated outside parties, except as follows: (1) to our subsidiaries, affiliates, sponsors, partners, advertisers and third party service providers for the purposes described in this Privacy Policy; (2) when we believe release is appropriate to comply with the law, enforce our Site policies, our Terms of Use, or protect ours or others rights, property, or safety, or (3) to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

What security measures do we take?
We use reasonable organizational, technical and administrative measures to protect your Personal Information under our control. Unfortunately, no transmission of information over the Internet or other storage system can be guaranteed to be 100% secure. If you have believe that your interaction the Site is no longer secure, or that your Personal Information is at risk, please notify us of the problem immediately using the contact information listed below (please note that there may be delays should you contact us by mail).

What about the use of the Site by visitors under the age of thirteen?
You must be at least 13 years old to have our permission to this Site. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission.

Privacy Policy Changes
Any changes to our Privacy Policy will be posted to this Site. All changes are effective as of the date we post the revised Privacy Policy to this Site. Usage of this Site indicates acceptance of any revised Privacy Policy.

Governing Law
This Policy shall be governed under the laws of the State of Florida, United States of American without regard to any conflict of law principles.

Contact Us:
If you have any questions regarding this Privacy Policy or our Site, or you want to opt out of emails from FLAMINGO BUS MIAMI LLC, please contact us using the information below:

info@flamingobusmiami.com
FLAMINGO BUS MIAMI LLC 

FLAMINGO BUS MIAMI LLC  TERMS OF USE 

Thank you for visiting this Site, which is owned and operated by FLAMINGO BUS MIAMI LLC.  These “Terms of Use” govern your use of both of our websites: www.flamingobusmiami.com (collectively, the “Site”).

ACCEPTANCE OF TERMS OF USE

By using the Site, you expressly accept and agree to abide by all the terms and conditions contained in the Terms of Use. You may note access the Site if you do not accept and agree to the Terms of Use. The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site and downloading product information for your personal review.

OWNERSHIP OF THE SITE AND ITS CONTENT

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of FLAMINGO BUS MIAMI LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

TRADEMARKS

FLAMINGO BUS MIAMI LLC names and logos (including those of affiliates), all product and service names,  all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of The Ride and/or its affiliates (the “FLAMINGO BUS MIAMI LLC”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use FLAMINGO BUS MIAMI LLC in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of FLAMINGO BUS MIAMI LLC or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

NO LICENSE

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or intellectual rights of FLAMINGO BUS MIAMI LLC, its affiliates or any third party.

USER GENERATED INFORMATION SUBMITTED BY YOU

You are responsible for all User-Generated Content that you post.  Under no circumstances will we be liable in any way for UGC.

Any personal data supplied by you to the Site, such as your name, address, e-mail address, telephone number is used in accordance with the Site’s Privacy Policy.

Any information provided to FLAMINGO BUS MIAMI LLC via this Site, including but not limited to feedback, data, questions, comments, suggestions, or the like, shall not be deemed confidential. All such submissions shall be deemed the property of FLAMINGO BUS MIAMI LLC, and your submission of information shall constitute an assignment to FLAMINGO BUS MIAMI LLC of all worldwide rights, titles and interests in such information. FLAMINGO BUS MIAMI LLC will not be liable for any use or disclosure of such information. FLAMINGO BUS MIAMI LLC will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. FLAMINGO BUS MIAMI LLC will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.

FLAMINGO BUS MIAMI LLC welcomes your comments and suggestions on its Site and products, but FLAMINGO BUS MIAMI LLC does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that FLAMINGO BUS MIAMI LLC may publish such information, use it as part of its operations, and incorporate its concepts in FLAMINGO BUS MIAMI LLC products without liability.

FEEDBACK

Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

PROHIBITED USES

You are expressly prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, in addition to using the Site to advertise or engage in commercial solicitation.  FLAMINGO BUS MIAMI LLC will cooperate fully with all law enforcement authorities and court orders requesting or directing that FLAMINGO BUS MIAMI LLC disclose the identity if known of any user posing the aforementioned prohibited materials on the Site.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FLAMINGO BUS MIAMI LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLAMINGO BUS MIAMI LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

FLAMINGO BUS MIAMI LLC does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized spokespersons of FLAMINGO BUS MIAMI LLC. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice AND opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF FLAMINGO BUS MIAMI LLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FLAMINGO BUS MIAMI LLC, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, GENERAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SITE OR THE PRODUCTS AND SERVICES IT OFFERS.  YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation. FLAMINGO BUS MIAMI LLC reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.

LINKS TO THIRD-PARTY WEBSITES

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. FLAMINGO BUS MIAMI LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by FLAMINGO BUS MIAMI LLC of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

FLAMINGO BUS MIAMI LLC may at any time revise the terms and conditions contained in the Terms of Use by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Site.

DISPUTES, GOVERNING LAW, JURISDICTION AND VENUE

In the unlikely event that FLAMINGO BUS MIAMI LLC has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any FLAMINGO BUS MIAMI LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in Miami, Florida under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing FLAMINGO BUS MIAMI LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of FLAMINGO BUS MIAMI LLC proprietary interests. The timeline for disputes, unless otherwise required by applicable law, must be commenced within one year after the cause of action accrues. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLAMINGO BUS MIAMI LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

INDEMNITY

You agree to indemnify and hold FLAMINGO BUS MIAMI LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above.  FLAMINGO BUS MIAMI LLC reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site.  Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy) contain the entire understanding and agreement between you and FLAMINGO BUS MIAMI LLC with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and FLAMINGO BUS MIAMI LLC with respect to this Site and your use of this Site.

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.

The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term “including” means “including, but not limited to.”

The term “Site” refers to any site on which these Terms of Use are posted and that is owned by FLAMINGO BUS MIAMI LLC.

The terms “FLAMINGO BUS MIAMI LLC,” “we,” “us,” and “our” refer to FLAMINGO BUS MIAMI LLC.

The term “User-Generated Content” or “UGC” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using the social networking tools we make available to you and that does not constitute “Feedback.”

QUESTIONS

If you have any questions about this Site or these Terms of Use, please contact us using the following information:

FLAMINGO BUS MIAMI LLC.  info@flamingobusmiami.com 

QUESTIONS

If you have any questions about this Site or these Terms of Use, please contact us using the following information:

FLAMINGO BUS MIAMI LLC. 

info@flamingobusmiami.com

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