All right, title and interest to the content displayed on the Website, including but not limited to the website's look and feel, information, text, graphics, images, logo, sound or video materials, designs, trademarks, service marks, trade names and the URL (collectively the "Content"), are the property of Caribbean BlueBook, merchants or third parties. You may use the Content solely in connection with obtaining the benefits and services provided on the Website and only for your personal use. All service marks and trademarks are the property of their respective owners.
2. Restriction on Use
You are hereby granted a limited right to view, reproduce and print one copy of the materials posted on the Website for your personal, non-commercial use. Except for such personal, non-commercial use or use otherwise permitted by U.S. copyright law or as approved in writing by Caribbean BlueBook or by the relevant third party provider, you may NOT copy, republish, upload, transmit or distribute the Content in any manner, nor may you create derivative works of the Content. You shall not remove, obscure or deface any copyright or trademark legends, notices or other proprietary notices attached to the Content.
3. Responsibility for Information
You agree that you are solely responsible for the accuracy and content of any information that you provide to the Website. You further agree not to forward any information that infringes the intellectual property rights of third parties or that are misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal. You agree not to use the Website or the services provided on the Website to communicate any information that are harassing, libelous, threatening, obscene, indecent, and unlawful or that would give rise to civil or criminal liability under any applicable law or regulations.
4. Operation of Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
* Description of the Incident. The specific sequence of events which generated the incident, and a full description;
* Description of Error Message. The exact wording of any error messages, if applicable; and
* Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website.
We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website at any time, for any reason in our sole and absolute discretion.
5. Prohibited Activities
Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
- Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
- Disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;
- Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
- Using the Service for any illegal purposes, including but not limited to conspiring to violate laws;
- Sharing information or initiating communications with information you are under an obligation not to disclose;
- Posting infringing content to the Website;
- Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network or those of any third party via our Website;
- Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Chrome and Safari);
- Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
- Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;
- Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
- Stalking, harassing, or threatening any visitor to this Website; or
- Collecting or storing personal information about any visitor to this Website.
We reserve the right (but do not have the obligation) to suspend or terminate registered users who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at email@example.com.
6. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
- Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
- Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
- Description of Infringing Item. A description of where the allegedly infringing item is located on the Website;
- Contact Information. Your address, telephone number, and email address; and
- Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.
In order to access some of the features of our Website, you will need to register and create an account. When you register, you will be asked to select a user name, provide your name, an email address, and a password. Registration, as well as the ability to use this Website, is completely free.
You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.caribbeanbluebook.com If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other each of security. You are solely liable for any loss or damage arising from your failure to comply with this Section.
8. Registered Fan
As a registered fan, you will receive access to and notification of our member discounts and promotions, and you will receive our Caribbean newsletter along with special event notices and invitations that may be of interest to you as a member of the Caribbean BlueBook. You will also receive access to our "members only" sections as well as to other special Website features which are only accessible by our registered fans.
Registered fans may also participate in our contests, giveaways, special promotions or rewards program, which enables any registered fan who makes a referral, completes a survey, provides feedback, or assists us in improving our website. Please review our Rewards and Promotions rules for additional information.
9. Eligibility to Use Our Website
10. Posted Reviews and Comments
Our Website enables registered members to post comments on the merchants, businesses, professionals, and other issues of general interest featured on the Website. You agree that any and all information that you submit to the Website, including any and all numerical votes and written comments, is the property of Caribbean BlueBook and may be used by us for any purpose. Our Website also use integration applications with social media websites where your posts and comments will be made publicly available. Any such reviews and comments represent the opinions and reflect the experiences of the author who wrote them, and you agree that we are in no way responsible for any such reviews or comments posted to our Website or to any social media outlets or third-party websites.
If you provide reviews or make comments, you are solely responsible for ensuring that your reviews or comments are appropriate and not defamatory, illegal, obscene, threatening, harassing, invasive of privacy, infringing of intellectual property rights or otherwise objectionable, and that any such review or comment does not contain or constitute profanity, viruses, commercial solicitation, chain letters, or any form of "spam."
You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display any reviews that you post on the Website or comments that you post to Caribbean BlueBook pages of third party social media websites, to reproduce or store the reviews or comments on our computers and servers, and to make any modifications or reformatting necessary to publish and display the reviews or comments (or any portion thereof) on the Website.
When you post reviews or comments, please be cautious in what you post, as the Website and any Caribbean BlueBook pages of social media websites are public forums, and any comments that you make or submit may be displayed publicly on those forums.
Any ratings or recommendations provided on any business are provided directly by members, and reflect their opinions and experiences with such business. We have no control or input over how any particular business is rated. You agree that we will not be responsible or liable for any rating that you receive on our Website.
12. Comments, Feedback and Idea Submissions
We are pleased to hear from you and welcome your feedback. If you vote on any issue or provide any comments, feedback, or ideas to us, you agree that all such votes, comments, feedback, and ideas will not be subject to any obligation of confidentiality, and we will not be liable for any use or disclosure of your comments, votes, feedback, or ideas. Also, you agree that we may use any such feedback to make improvements to our Website and our services at our sole and absolute discretion without any obligation to you.
In the event that you submit any comments, feedback, or ideas to us, you grant us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, republish, and to incorporate those comments, feedbacks, and ideas into our intellectual property.
13. Advertising on our Website
We offer variety of advertising opportunities for businesses on our Website. We offer three types of business programs for clients that wish to be represented on our Website , as well as featured listing and banner ads placements. For additional information on advertising opportunities on our Website or to review our business membership features and benefits, please contact us at firstname.lastname@example.org.
14. Discounts and Promotions
From time to time, businesses advertising on our Website may offer discounts and promotions. You agree that it is the sole responsibility of such businesses to honor the discount or promotion that they advertise on our Website. All expiration dates for such discounts or promotions are set at the sole and absolute discretion of the business offering the discount or promotion. We have no input or control over the establishment of any expiration dates for such businesses, nor do we have any obligation to supervise such businesses to ensure that they comply with all applicable laws and regulations. Each business is responsible for its own compliance with the applicable laws and regulations. From each business' profile page, you have the option to subscribe to that Listed Member’s promotions and offers. By doing so, you hereby authorize us to communicate with you at the e-mail provided on behalf of the business or on our own behalf. Merchants and listed businesses on our website may not contact you directly and will only do so no more than four times per month unless you advise them not to contact you. In addition, you are free to unsubscribe to Caribbean BlueBook’s mailing list or to any listing’s mailing list anytime you wish. Please note that our e-mail communications follow CAN-SPAM Act guidelines.
For additional information on discounts and promotions available at our Website, please see our Promotions page.
15. Third Parties
Your business or personal dealings with any third party with whom you connect through this Website is solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into any business or personal relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any personal injury, loss, damage, or other liabilities incurred as a result of doing any business with such third parties. You assume the sole risk of loss and liability in doing business or interacting with any third parties linked to or listed on this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
16. Other Features of the Website
Listed members on the website provide a number of information details about themselves. This information includes, but not limited to, full address, phone number, facsimile number, mobile, email address, photos, videos, announcements, menus, products and services, and others as needed. You agree that the listed member is solely responsible for the contents and/or offers they provide on the Website, and to keep such information accurate and up-to-date. We can assume no responsibility for any damage and bear no liability for any claims or disputes that may arise as the result of the information provided on the website.
17. Mobile Communications
The Website may make available certain services via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone ("Mobile Uploads"), (b) the ability to receive and reply to messages and to send content and messages using text messaging ("Mobile Texts"), and (c) the ability to access the Website from your mobile phone ("Mobile Web") (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost.
19. Consequential Damages; Limitation of Liability
YOU AGREE THAT NEITHER COMPANY NOR THE WEBSITE WILL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF OR IN CONNECTION WITH COMPANY, WEBSITE, THE CONTENT, THE SERVICES, THE INABILITY TO USE THE SERVICES, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO.
Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims, unless you are an advertiser, in which case our liability shall be limited to the total aggregate amount of all fees paid to us in the twelve (12) months immediately preceding the events from which arose the claim less any standard processing fees. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
20. Warranty; Disclaimer
The use of this Website and your reliance on it to advertise your business or select a business to work with shall be at your own risk. We do not screen businesses who advertise on our Website, nor can we make any endorsements about those businesses. This Website may include inaccuracies, outdated information, defects, omissions and/or other errors. We do not make any representations regarding the use of the Website's information including its accuracy, reliability or correctness. We reserve the right to modify any content or information displayed on the Website but we have no responsibility or obligation to do so. We can make no warranty that the Website will meet your needs, nor that its operation will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems.
TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS". WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND) ARE EXPRESSLY EXCLUDED . WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD-PARTY OR WEBSITE.
21. Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company and this Website and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to the Website or the services. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
22. Termination of Use
25. Governing Law
26. Dispute Resolution
28. Effective Date
These terms were last modified on January 15, 2016.