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Caribbean's Lost Cities : Terms of service

AGREEMENT TO OUR LEGAL TERMS

Welcome to our website, referred to as “Web site” (the “Company,” “we,” “us,” or “our”). We operate this website (the “Site”) and any related products or services that link to or reference these Legal Terms (collectively, the “Services”).

You may contact us by email at [INSERT EMAIL] or by mail at [INSERT MAILING ADDRESS].

These Legal Terms form a binding contract between you (whether as an individual or on behalf of another entity, “you”) and the Company. By accessing or using our Services, you acknowledge having read, understood, and agreed to all of the Legal Terms. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES AND MUST DISCONTINUE IMMEDIATELY.

We will endeavor to provide advance notice regarding any upcoming changes to the Services you use. Updated Legal Terms will take effect upon being posted or otherwise communicated to you (such as by email), and by continuing to use the Services after these updates go into effect, you agree to be bound by the revised terms.

We recommend printing a copy of these Legal Terms for your records.


TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PRODUCTS
  6. PURCHASES AND PAYMENT
  7. RETURN/REFUNDS POLICY
  8. SOFTWARE
  9. PROHIBITED ACTIVITIES
  10. USER GENERATED CONTRIBUTIONS
  11. CONTRIBUTION LICENSE
  12. GUIDELINES FOR REVIEWS
  13. SOCIAL MEDIA
  14. THIRD-PARTY WEBSITES AND CONTENT
  15. SERVICES MANAGEMENT
  16. PRIVACY POLICY
  17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
  18. TERM AND TERMINATION
  19. MODIFICATIONS AND INTERRUPTIONS
  20. GOVERNING LAW
  21. DISPUTE RESOLUTION
  22. CORRECTIONS
  23. DISCLAIMER
  24. LIMITATIONS OF LIABILITY
  25. INDEMNIFICATION
  26. USER DATA
  27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  28. CALIFORNIA USERS AND RESIDENTS
  29. MISCELLANEOUS
  30. CONTACT US

1. OUR SERVICES

Information provided through our Services is not intended for distribution or use by any person or entity in a region or country where such distribution or use would violate laws or regulations or subject us to additional registration requirements. If you choose to access our Services from outside these acceptable locations, you do so on your own initiative and bear responsibility for complying with local laws if applicable.

Our Services are not designed to comply with specialized industry regulations (e.g., HIPAA, FISMA). If your actions are subject to such regulations, you may not use our Services. Likewise, you must not use our Services in a manner that would breach the Gramm-Leach-Bliley Act (GLBA).


2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

All intellectual property within our Services—including source code, databases, software, designs, text, audio, video, images, graphics, and related functionalities (collectively, the “Content”), as well as any trademarks, service marks, or logos within them (the “Marks”)—belongs to or is licensed by us. These are protected by various copyright, trademark, and unfair competition laws in the United States and internationally.

All Content and Marks are provided “AS IS” for personal, non-commercial, or internal business use only.

Your Use of Our Services

Provided you adhere to these Legal Terms—particularly the “PROHIBITED ACTIVITIES” section—we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services.
  • Download or print any portion of the Content that you have properly accessed for personal, non-commercial, or internal business use.

Aside from what is expressly outlined in these Legal Terms, you may not copy, reproduce, distribute, republish, upload, post, display publicly, encode, translate, transmit, sell, license, or exploit any part of the Services, Content, or Marks without our prior written permission.

If you wish to make use of the Services, Content, or Marks beyond what is allowed herein, please direct your request to [INSERT CONTACT METHOD]. If permission is granted for any public display, reproduction, or posting of our Content, you must identify us (or our licensors) as the rightful owners and include any associated copyright or proprietary notices.

We reserve all rights not expressly granted to you regarding the Services, Content, and Marks. Any breach of these Intellectual Property Rights constitutes a material violation of our Legal Terms and terminates your right to use our Services immediately.


Your Submissions and Contributions

Carefully review this section and the “PROHIBITED ACTIVITIES” section before using our Services. It explains (a) the rights you grant us, and (b) your obligations when you post or upload content through our Services.

Submissions: If you directly provide us with any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, “Submissions”), you transfer to us all intellectual property rights in those Submissions. You acknowledge that we may use or distribute these Submissions, for any lawful purpose and without notifying or compensating you.

Contributions: Our Services may allow chatting, posting on forums or message boards, or other interactive features where you can submit, post, transmit, or distribute text, videos, audio, images, music, graphics, reviews, or other materials (collectively, “Contributions”). Any publicly posted Submission is also treated as a Contribution.

Contributions may be visible to other users and to third parties via external websites. By posting these Contributions, you grant us a license to use your name, trademarks, and logos, as described below.

License Granted to Us: By posting any Contributions, you give us an unrestricted, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, modify, and otherwise exploit these Contributions (including your name, likeness, or voice) for any commercial or non-commercial purpose, and to create derivative works or incorporate them into other works. We may exercise these rights in any media format or channel.

This license includes the right to use any associated names, logos, or trademarks you provide.

Your Responsibility: By sending Submissions or posting Contributions, you:

  • Confirm you have read and will follow our “PROHIBITED ACTIVITIES” guidelines.
  • Waive any moral rights in your Submissions or Contributions to the fullest extent permitted by law.
  • Warrant that your Submissions or Contributions are your original work or that you hold the necessary rights and authority to grant the licenses described here.
  • Confirm your Submissions or Contributions do not contain confidential information.
  • Accept sole responsibility for your Submissions or Contributions and agree to reimburse us for any losses we may incur due to your violation of (a) these provisions, (b) any third-party intellectual property rights, or (c) any applicable law.

We reserve the right to remove or edit any Contributions without notice if we believe they violate these Legal Terms, and we may suspend or disable your account or report you to law enforcement as necessary.


Copyright Infringement

We respect others’ intellectual property rights. If you believe any material accessible through our Services infringes your copyright, please refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY” section below.


3. USER REPRESENTATIONS

By using our Services, you represent and warrant that:

  1. All registration information you provide is accurate and up to date.
  2. You will keep such information current as needed.
  3. You have the legal capacity to agree to these Legal Terms.
  4. You are not a minor under the laws of your jurisdiction.
  5. You will not access the Services by automated or non-human means (e.g., bots or scripts).
  6. You will not use the Services for illegal or unauthorized purposes.
  7. Your use of the Services does not violate any applicable law or regulation.

If we find any information you provide to be untrue, outdated, or incomplete, we may suspend or terminate your account and refuse you future use of the Services.


4. USER REGISTRATION

You may need to register an account to access certain features. It is your responsibility to keep your password confidential, and you are responsible for all activity under your account. We reserve the right to remove, reclaim, or modify any username we determine to be inappropriate or objectionable.


5. PRODUCTS

We strive to accurately display the colors, features, and specifications of products on the Services, but cannot guarantee precise representation on every screen or device. All products are subject to availability; we cannot guarantee items will remain in stock. We may modify or discontinue products at any time and change prices without notice.


6. PURCHASES AND PAYMENT

We accept the following payment methods:

  • Visa
  • Mastercard
  • American Express
  • PayPal

You agree to provide accurate and current account details for any purchases made through the Services, including prompt updates to payment methods and contact details. Sales tax may be added when required. We can adjust prices at any time.

You agree to pay the charges in effect at the time of purchase, including applicable shipping fees, and authorize us to charge your chosen payment provider for these amounts. We reserve the right to correct any pricing errors, even if payment has been requested or received.

We may refuse or limit orders at our discretion, including orders that appear to be placed by resellers, dealers, or distributors.


7. RETURN/REFUNDS POLICY

Before buying, please review our Return Policy available on the Services.


8. SOFTWARE

Any software included in our Services may be subject to an end user license agreement (“EULA”). If no EULA is provided, we grant you a non-exclusive, revocable, personal, non-transferable license to use the software solely in conjunction with our Services, in accordance with these Legal Terms. Software is provided “AS IS” without warranties, and you assume any associated risks. Copying or redistributing the software is prohibited unless otherwise specified in the EULA or these Legal Terms.


9. PROHIBITED ACTIVITIES

You may only use the Services for the purposes for which they are offered. Commercial use beyond what we authorize is not permitted. By using our Services, you agree not to:

  1. Collect data from the Services to create or compile a collection or database without our permission.
  2. Deceive or mislead us or other users, especially to gain sensitive credentials.
  3. Circumvent or interfere with the Services’ security features.
  4. Disparage, tarnish, or harm us or the Services in any way.
  5. Use information gained through the Services to harass or harm another person.
  6. Misuse our support services or submit false abuse reports.
  7. Breach any laws or regulations through your use of the Services.
  8. Frame or link to the Services without authorization.
  9. Upload harmful code (viruses, Trojan horses, etc.) or engage in spam that disrupts the Services.
  10. Employ automated systems like scripts, bots, or data-mining tools without our consent.
  11. Delete or modify copyright or proprietary notices.
  12. Impersonate another user or person.
  13. Upload passive or active data collection devices (e.g., spyware) without authorization.
  14. Interfere with network operations or place an undue burden on the Services.
  15. Harass, intimidate, or threaten our staff or representatives.
  16. Bypass any access control mechanisms on the Services.
  17. Reverse-engineer or decipher the Services’ software.
  18. Use or launch any unauthorized script or other software.
  19. Act as a buying/purchasing agent on the Services without our approval.
  20. Collect usernames or email addresses for sending unsolicited emails or for creating fake accounts.
  21. Use the Services to compete with us or for any unauthorized commercial purpose.
  22. Advertise or offer to sell goods and services through the Services without permission.

10. USER GENERATED CONTRIBUTIONS

We may offer interactive areas (blogs, forums, message boards, etc.) for you to post or transmit content (“Contributions”). Contributions may be publicly visible, including on third-party sites, so treat them as non-confidential and non-proprietary. By posting Contributions, you represent and warrant that:

  1. Your Contributions do not infringe any third-party rights (copyright, trademark, moral rights, etc.).
  2. You hold the necessary permissions or rights to post them, including from any identifiable individuals within your posted content.
  3. Your Contributions are not false, misleading, or infringing upon the law.
  4. Your Contributions do not constitute spam or unauthorized advertising.
  5. Your Contributions are not obscene, harassing, threatening, or otherwise objectionable.
  6. Your Contributions comply with all applicable laws and regulations.
  7. Your Contributions do not violate privacy rights or child-protection regulations.
  8. Your Contributions do not contain hateful or discriminatory language.
  9. Your Contributions do not violate these Legal Terms.

Any violation may lead to suspension or termination of your account and/or legal action as we deem appropriate.


11. CONTRIBUTION LICENSE

By posting Contributions to any part of the Services or connecting your social media accounts to the Services, you automatically grant (and represent that you have the right to grant) us an unlimited, irrevocable, perpetual, worldwide license to use, copy, reproduce, distribute, sell, publish, broadcast, reformat, translate, and otherwise exploit your Contributions (including your image or voice) for any purpose, commercial or otherwise, in any media now known or later developed. This includes the right to license these rights to third parties.

You retain full ownership of your Contributions and any associated intellectual property. We assume no responsibility for statements you make or content you provide. You agree not to hold us liable for your Contributions, and you release us from any related claims.

We can edit, reorganize, or remove your Contributions at our sole discretion without notifying you. We have no obligation to monitor Contributions.


12. GUIDELINES FOR REVIEWS

We may allow you to submit reviews or ratings. By posting a review, you agree:

  1. You have firsthand experience with the entity being reviewed.
  2. Your review will not include offensive language or discriminatory references.
  3. Your review will not mention illegal activities.
  4. You are not affiliated with competitors if you post negative reviews.
  5. Your review will not contain false or misleading statements.
  6. You will not encourage others to post reviews, whether positive or negative, in a coordinated effort.

We may accept, reject, or remove reviews at our discretion and are not obliged to screen or delete them. Reviews do not necessarily reflect our opinions, and we are not liable for statements in any reviews.

By posting a review, you grant us a perpetual, worldwide, royalty-free license to reproduce, adapt, translate, and distribute all content within that review.


13. SOCIAL MEDIA

Our Services may allow you to link your account with third-party social media or service accounts (“Third-Party Accounts”). By linking:

  1. You confirm you have the right to disclose your Third-Party Account credentials.
  2. You understand we may access and store content (the “Social Network Content”) from your Third-Party Account.
  3. You can disable this link at any time.
  4. Your relationship with providers of Third-Party Accounts is governed by your agreements with them.
  5. We take no responsibility for examining Social Network Content, including accuracy, legality, or non-infringement.

If a Third-Party Account is unavailable or our access is terminated, linked content may no longer be accessible via our Services.


14. THIRD-PARTY WEBSITES AND CONTENT

Our Services may include links to external websites (“Third-Party Websites”) and content from third parties (“Third-Party Content”), which are not monitored or validated by us. We are not responsible for any Third-Party Websites or Third-Party Content, including their accuracy or privacy practices. Linking to or featuring Third-Party Websites or Content does not imply our endorsement. Any transactions with these third parties are solely between you and them; we are not liable for resulting losses or damages.


15. SERVICES MANAGEMENT

We reserve the right (though not the obligation) to:

  1. Monitor the Services for any breaches of these Legal Terms.
  2. Take legal action against anyone violating the law or these Terms, including reporting to law enforcement.
  3. Restrict or disable access to any Contributions we find unacceptable.
  4. Remove or disable large or burdensome files without notice.
  5. Manage the Services to protect our rights and ensure proper functionality.

16. PRIVACY POLICY

We care about data privacy and security. Please consult our Privacy Policy, which is incorporated into these Legal Terms. Note that our Services are operated from the United Kingdom. If you access them from outside the U.K., you consent to transferring and processing your data within the U.K.


17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If you believe material on our Services infringes your copyright, please promptly notify our Designated Copyright Agent using the contact details below (a “Notification”). Under federal law, you may be liable for damages if you make false claims. Thus, if unsure, consider consulting an attorney first.

All Notifications must satisfy DMCA 17 U.S.C. § 512(c)(3), including:

  1. A physical or electronic signature of the authorized person.
  2. Identification of the copyrighted work(s) allegedly infringed.
  3. Identification of the infringing material and sufficient information for us to locate it.
  4. Your contact information (address, phone number, and email).
  5. A statement of good-faith belief that use of the material is not authorized.
  6. A declaration that the information is accurate, and under penalty of perjury, you are authorized to act on the copyright owner’s behalf.

Counter Notification

If you believe your own copyrighted content was removed by mistake, you may file a counter notification (“Counter Notification”). It must include:

  1. Identification of the removed or disabled material and its original location.
  2. A statement consenting to the jurisdiction of the Federal District Court covering your address (or our location if you’re outside the U.S.).
  3. A statement agreeing to accept service of process from the party that filed the Notification.
  4. Your contact information (name, address, and phone number).
  5. A statement under penalty of perjury that you have a good-faith belief the removal was a mistake.
  6. Your physical or electronic signature.

If the Counter Notification is valid, we may restore the content unless the original notifying party pursues legal action. Filing a false Counter Notification can result in liability for perjury.

Designated Copyright Agent
Attn: Copyright Agent
[INSERT CONTACT DETAILS]


18. TERM AND TERMINATION

These Legal Terms remain valid while you use the Services. WE RESERVE THE RIGHT TO DENY ACCESS TO ANY INDIVIDUAL FOR ANY REASON, INCLUDING BREACH OF THESE TERMS OR ANY APPLICABLE LAW, AT OUR SOLE DISCRETION AND WITHOUT NOTICE. WE MAY TERMINATE YOUR ACCOUNT OR REMOVE ANY CONTENT YOU HAVE POSTED WITHOUT WARNING.

If your account is terminated, you are prohibited from creating another account in your name or under any third party’s name. We further reserve the right to pursue legal remedies (civil or criminal) if warranted.


19. MODIFICATIONS AND INTERRUPTIONS

We may alter or remove content from the Services at any time without notice. We are not obligated to keep information updated. We may discontinue or modify any part of the Services without warning and will not be responsible to you or third parties for these actions.

We cannot guarantee uninterrupted availability; hardware or software failures or other necessary maintenance can lead to downtime. By using our Services, you agree we are not liable for any losses or inconvenience due to such interruptions. Nothing in these Legal Terms obligates us to provide updates or releases.


20. GOVERNING LAW

These Legal Terms are governed by the laws of England, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you reside in the EU, USA, or any country party to the Convention, you benefit from any mandatory provisions of the law in your place of residence. You may assert consumer protection rights either in England or in your resident country.


21. DISPUTE RESOLUTION

Binding Arbitration

  • EU Residents: Disputes shall be settled by an arbitrator under the rules of the European Court of Arbitration in Strasbourg, with the venue in England and proceedings conducted in English under English law.
  • US Residents: Disputes shall be arbitrated in the United States, under US law.
  • Residents of Other Countries: The same process applies as for EU residents, unless specified otherwise.

Restrictions

Any arbitration is limited to the specific dispute between the parties. To the maximum extent allowed by law, no arbitration shall be joined with another and no class action or representative action is permitted.

Exceptions to Arbitration

The following disputes are exempt from arbitration:

  1. Enforcement or validity questions regarding a party’s intellectual property rights.
  2. Claims of theft, piracy, invasion of privacy, or unauthorized use.
  3. Actions for injunctive relief.

If any portion of this arbitration clause is deemed unenforceable, the dispute in question will be decided by a court of competent jurisdiction as stated above.


22. CORRECTIONS

Information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct these errors or update the content at any time without prior notice.


23. DISCLAIMER

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THAT OF ANY LINKED SITES OR MOBILE APPLICATIONS, AND WE ASSUME NO RESPONSIBILITY FOR:

  1. ERRORS OR INACCURACIES OF CONTENT
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE SERVICES
  3. UNAUTHORIZED ACCESS TO OUR SERVERS OR USER DATA
  4. DISRUPTIONS IN SERVICE TRANSMISSIONS
  5. BUGS, VIRUSES, OR SIMILAR MALICIOUS CODE TRANSMITTED BY THIRD PARTIES
  6. ANY ERRORS OR OMISSIONS IN CONTENT OR DAMAGES INCURRED FROM USE OF CONTENT

WE ARE NOT LIABLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY LINKED WEBSITE. EXERCISE YOUR BEST JUDGMENT WHEN ENGAGING WITH ANY THIRD PARTY.


24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA) ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITIES. OUR TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; YOU MAY HAVE ADDITIONAL RIGHTS.


25. INDEMNIFICATION

You agree to defend, indemnify, and hold us (including subsidiaries, affiliates, officers, agents, and employees) harmless from any loss, damage, liability, or claim—plus reasonable attorneys’ fees—arising out of:

  1. Your Contributions
  2. Your use of the Services
  3. Your breach of these Legal Terms
  4. Your violation of third-party rights (including IP rights)
  5. Any harmful act toward another user connected via our Services

We reserve the right, at your expense, to assume exclusive defense and control of matters requiring indemnification from you. You will cooperate with us in any such defense and shall not settle any claim without our written consent.


26. USER DATA

We store certain data that you transmit during use of the Services, and we also collect data regarding your activities. Although we perform routine backups, you are ultimately responsible for safeguarding your own data. We are not liable for any loss or corruption of data, and by using the Services, you waive any right of action against us arising from such data loss.


27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, emailing us, or filling out forms constitutes electronic communication. You agree to receive electronic communications and that these satisfy any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS, AND YOU WAIVE ANY REQUIREMENTS FOR ORIGINAL SIGNATURES OR PAPER RECORDS TO THE EXTENT ALLOWED BY LAW.


28. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have an unresolved complaint with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.


29. MISCELLANEOUS

These Legal Terms, along with any related policies or rules posted by us on the Services, form the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right or provision. We may assign our rights and obligations to others at any time. We are not liable for delays or failures caused by events beyond our reasonable control. If any provision is deemed unlawful, void, or unenforceable, it is severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or your use of the Services. You agree these Terms will not be construed against us simply because we drafted them. You waive any defenses relating to the electronic form of these Terms and the absence of physical signatures in enforcing them.


30. CONTACT US

If you need to address a complaint about the Services or want more information about their use, you may contact us at:

[INSERT CONTACT INFORMATION]