Miami New Times, LLC
Last Updated: July 25, 2023
TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between Miami New Times and each subscriber, including the terms on which contributions may be accepted, refused, or returned by Miami New Times. Contributions will only be accepted in the form of a one-off/single or monthly/annual recurring payment made directly to Miami New Times as described in these Terms and Conditions.
1. AGREEMENT
By making a financial contribution, a subscriber agrees and acknowledges that: The contribution is provided to Miami New Times as an irrevocable gift, subject to any exercise of the subscriber’s right to receive a refund as described below and Miami New Times’s right to return any gift at its discretion.
The gift may be used by Miami New Times for any purposes and/or to support its operations in any/all areas of its business such as editorial; and the contribution is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the donor and Miami New Times (the "Agreement"), entered into by each party in consideration of the other’s obligations under these Terms and Conditions.
2. REGISTRATION
If you decide to register and contribute, you agree to provide accurate and up-to-date information about yourself, as required by the relevant registration or contribution process. You agree not to attempt to use the registration under the name of another person. It is your responsibility to keep the password of your account confidential, to promptly notify us of any unauthorized use of your account, whether found or suspected and to take all reasonable steps necessary to prevent such a situation from occurring again.
3. RECURRING CONTRIBUTION PAYMENTS
You agree to pay your selected contribution amount on a monthly or annual basis. You must provide us with complete and accurate payment information at the time you agree to pay a recurring monthly contribution. Payment for your recurring contribution can be made by credit or debit card.
Your payments will be taken on a monthly or annual basis and your recurring contribution will continue unless and until it is ended by either of us in accordance with the provisions of section 6 (Refunds and Cancellation of Contributions).
4. CONDITIONS
Financial contributions will be accepted from individuals as well as any other legal entities (such as companies).
Supporters who are individuals must be aged 18 or over and United States residents. All other supporters must be incorporated, established and/or registered in the United States (as applicable).
5. ADMINISTRATION OF CONTRIBUTIONS
All gifts to Miami New Times shall be made through the support page on www.miaminewtimes.com/support (the "Miami New Times Website"). Gifts will be accepted by Miami New Times for the period during which the support page is live on the Miami New Times Website.
Contributions received by Miami New Times will be deposited in one or more bank accounts in the name of Miami New Times together with other Miami New Times funds. Each contribution will be identifiable by a unique merchant identification number and accounted for separately by Miami New Times.
From the moment the transaction is processed, Miami New Times will be legally and beneficially entitled to the full amount of the gift and the contributor has no entitlement to the return of a gift in any circumstances other than as specified in these Terms and Conditions.
The subscriber shall receive benefits as outlined here:
One-Time Gift (active for 6 months from transaction date):
- Monthly Letter from Editor
- Access to purchase pre-sale event tickets
- Members-only newsletters
Recurring Membership (active until canceled):
- Monthly Letter from Editor
- Access to purchase pre-sale event tickets
- Members-only newsletters
- Access to exclusive members-only ticket and gift card raffles
- Discounts with local community partners
Miami New Times is a for-profit business and financial contributions will be used to support its operations and not dedicated to any charitable purpose. Gifts to Miami New Times are not charitable contributions under the laws of the United States and, as far as Miami New Times is aware, subscribers shall not be entitled to any charitable contribution deduction in respect to their gifts under either United States federal or state law or the laws of any other jurisdiction worldwide.
6. REFUNDS AND CANCELLATION OF CONTRIBUTIONS
Miami New Times reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of Miami New Times, or where, with regard to the source of the contribution or intentions of the contributor, Miami New Times believes that accepting the contribution could damage the independence or reputation of Miami New Times or adversely affect the relationship of Miami New Times with other contributors or stakeholders.
Subscribers shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying Miami New Times by email at supportus@miaminewtimes.com. Any requests for a refund of a contribution received by Miami New Times following the expiration of the 14-day period will be ineligible. Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.
Recurring contributions can be canceled at any time. Simply email supportus@miaminewtimes.com. Cancellation requests will be confirmed within 48 hours.
7. TRANSPARENCY OF CONTRIBUTIONS
Miami New Times reserves the right to:
- Request the full name and contact details of the contributor;
- Request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;
- Undertake any further investigations it deems fit to determine the provenance of the contribution.
If the contributor refuses to provide information requested by Miami New Times under clause 5.1, Miami New Times may refuse and return the contribution to the contributor at its discretion.
8. CONFIDENTIALITY AND PUBLICITY
Contributors shall not be entitled to publicize their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with the prior written consent of Miami New Times and then only if the contributor complies with any relevant policies, procedures or requirements of Miami New Times.
9. DATA PROTECTION AND PRIVACY
If a contributor opts in to receive information relating to offers from Miami New Times via the email address supplied by the contributor then he or she may unsubscribe at any time by updating their account profile.
Any personal information about a contributor obtained by Miami New Times as a result of a contribution being made will be used in accordance with the Miami New Times privacy policy, available at https://www.miaminewtimes.com/about/privacy-policy. By making a contribution, the contributor accepts the terms and conditions of the privacy policy.
10. EXCLUSION OF LIABILITY
Neither Miami New Times nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any subscriber or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.
11. MISCELLANEOUS
A failure of Miami New Times to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
This Agreement constitutes the entire agreement between the contributor and Miami New Times in respect of any contributions made by the contributor.
These Terms and Conditions are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.
12. CUSTOMER SERVICES
If you have a query or complaint about your contribution, please contact us using the contact details below:
Email: supportus@miaminewtimes.com
Monthly contributions are billed each month and annual contributions are billed once a year. You can change how much you give or cancel your contributions at any time by accessing your profile page.By proceeding, you are agreeing to our Terms and Conditions. To find out what personal data we collect and how we use it, please visit our Privacy Policy.
