1. Definitions: www.caribbeanway.com is an on-line
villa sale and rental service operated CaribbeanWay.com, on the World
Wide Web of the Internet, consisting of information services and content
provided by CaribbeanWay.com, affiliates of CaribbeanWay.com and other
third parties. "Subscriber" means each person who establishes
or accesses a connection ("Account") for access to and use
of www.caribbeanway.com.
2. General: A. This Agreement, which incorporates by
reference other provisions applicable to use of www.caribbeanway.com,
governing the use of certain specific material contained in www.caribbeanway.com,
sets forth the terms and conditions that apply to use of www.caribbeanway.com
by Subscriber. By using www.caribbeanway.com (other than to read this
Agreement for the first time), Subscriber agrees to comply with all
of the terms and conditions hereof. The right to use www.caribbeanway.com
is personal to Subscriber and is not transferable to any other person
or entity. Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any. B. CaribbeanWay.com shall have the
right at any time to change or discontinue any aspect or feature of
www.caribbeanway.com, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
3. Changed Terms: CaribbeanWay.com shall have the right
at any time to change or modify the terms and conditions applicable
to Subscriber's use of www.caribbeanway.com, or any part thereof, or
to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on www.caribbeanway.com,
or by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of www.caribbeanway.com by
Subscriber after such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or additions.
4. Equipment: Subscriber shall be responsible for obtaining
and maintaining all telephone, computer hardware and other equipment
needed for access to and use of www.caribbeanway.com and all charges
related thereto.
5. Subscriber Conduct:
A. Subscriber shall use www.caribbeanway.com for lawful
purposes only. Subscriber shall not post or transmit through www.caribbeanway.com
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law,
or which, without CaribbeanWay.com’s express prior approval, contains
advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in CaribbeanWay.com’s discretion
restricts or inhibits any other Subscriber from using or enjoying www.caribbeanway.com’s
will not be permitted. Subscriber shall not use www.caribbeanway.com
to advertise or perform any commercial solicitation, including, but
not limited to, the solicitation of users to become subscribers of other
on-line information services competitive with www.caribbeanway.com.
B. www.caribbeanway.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound, and the
entire contents of www.caribbeanway.com are copyrighted as a collective
work under the United States copyright laws. CaribbeanWay.com owns a
copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Subscriber
may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express permission of CaribbeanWay.com and the copyright
owner. In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
C. Subscriber shall not upload, post or otherwise make
available on www.caribbeanway.com any material protected by copyright,
trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected by
copyright rests with Subscriber. Subscriber shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of www.caribbeanway.com, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted
CaribbeanWay.com the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants CaribbeanWay.com the right to
edit, copy, publish and distribute any material made available on www.caribbeanway.com
by Subscriber.
D. The foregoing provisions of Section 5 are for the
benefit of CaribbeanWay.com, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability:
A. SUBSCRIBER EXPRESSLY AGREES THAT USE OF WWW.CARIBBEANWAY.COM
IS AT SUBSCRIBER'S SOLE RISK. NEITHER CARIBBEANWAY.COM, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT WWW.CARIBBEANWAY.COM WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF WWW.CARIBBEANWAY.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH WWW.CARIBBEANWAY.COM.
B. WWW.CARIBBEANWAY.COM IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT CARIBBEANWAY.COM IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
D. IN NO EVENT WILL CARIBBEANWAY.COM, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.CARIBBEANWAY.COM
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE WWW.CARIBBEANWAY.COM. SUBSCRIBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON WWW.CARIBBEANWAY.COM.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
CARIBBEANWAY.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WWW.CARIBBEANWAY.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, CARIBBEANWAY.COM, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
7. Monitoring: CaribbeanWay.com shall have the right,
but not the obligation, to monitor the content of www.caribbeanway.com,
to determine compliance with this Agreement and any operating rules
established by CaribbeanWay.com and to satisfy any law, regulation or
authorized government request. CaribbeanWay.com shall have the right
in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on www.caribbeanway.com. Without limiting the
foregoing CaribbeanWay.com shall have the right to remove any material
that CaribbeanWay.com, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
8. Indemnification: Subscriber agrees to defend, indemnify
and hold harmless CaribbeanWay.com, its affiliates and their respective
directors, officers, employees and agents from and against all claims
and expenses, including attorneys' fees, arising out of the use of www.caribbeanway.com
by Subscriber or Subscriber's Account.
9. Termination: Either CaribbeanWay.com or Subscriber
may terminate this Agreement at any time. Without limiting the foregoing,
CaribbeanWay.com shall have the right to immediately terminate Subscriber's
Account in the event of any conduct by Subscriber which CaribbeanWay.com,
in its sole discretion, considers to be unacceptable, or in the event
of any breach by Subscriber of this Agreement. The provisions of Sections
5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination
of this Agreement.
10. Trademarks: www.caribbeanway.com and its logos,
images and icons are trademarks of CaribbeanWay.com. All rights reserved.
All other trademarks appearing on www.caribbeanway.com are the property
of their respective owners.
11. Third Party Content: CaribbeanWay.com is a distributor
(and not a publisher) of content supplied by third parties and Subscribers.
Accordingly, CaribbeanWay.com has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, Subscribers or any other user of www.caribbeanway.com, are
those of the respective author(s) or distributor(s) and not of CaribbeanWay.com.
Neither CaribbeanWay.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose. (Refer
to Section 6 above for the complete provisions governing limitation
of liabilities and disclaimers of warranty.) In many instances, the
content available through www.caribbeanway.com represents the opinions
and judgments of the respective information provider, Subscriber, or
other user not under contract with CaribbeanWay.com. CaribbeanWay.com
neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on www.caribbeanway.com by
anyone other than authorized CaribbeanWay.com employee spokespersons
while acting in their official capacities. Under no circumstances will
CaribbeanWay.com be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through www.caribbeanway.com. It is
the responsibility of Subscriber to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content available
through www.caribbeanway.com. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
12. Miscellaneous: This Agreement and any operating
rules for www.caribbeanway.com established by CaribbeanWay.com 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. This Agreement shall
be construed in accordance with the laws of Canada. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal
import.
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