Island Treasures International Terms of use YOUR USE OF THE ISLANDTREASURESINTERNATIONAL.COM WEB SITE (THE “WEB SITE”), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
1. Purpose of Web Site. This Web Site is a service made available by Island Treasures International Proprietary Limited. (“Provider”). The information in the Web Site is to give you general information and a general understanding of the Real Estate and Travel offerings within the Caribbean. Although care has been taken to provide accurate and current information, the information presented at this Web Site may differ from the actual offerings at a point in time.
2. Island Treasures International Listings. This Web Site also contains a searchable directory (the “Listings”) of Real Estate and Accommodations options (hereinafter referred to as “Listees”). The Listees provide the information in the Listings. Provider does not warrant the validity of the information, nor does it guarantee the quality of the product of the Listees. Provider does not review the content of the listings that are provided by the Listees or any links to the Web Site. Provider is not responsible for any material or information contained in the linked sites or provided by Listees. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee they might consider hiring services from.
3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
4. Restrictions and Prohibitions on Use. Your license to access and use the Web Site are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, or any information or materials retrieved therefrom; (2) use the Web Site or materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works or any other materials from the Web Site; (4) use materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site in a manner that violates any international or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations.
5. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to Listees or other third parties. Internet email sent to or through Provider’s computer systems or to Listees or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.
7. Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or Listees, as applicable. For further information, see Copyright.
8. Electronic Commerce. The content on this Web Site, including but not limited to articles, and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
9. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. In interactive forums made available through this Web Site, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such.
10. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material (“Postings”) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.
11. Linking to the Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give Provider notice of such link by sending an e-mail to webmaster@islandtreasuresinternational.com and (c) you discontinue providing links to this Web Site immediately upon request by Provider. If you wish to provide links to a section within the Web Site, you should forward your request to Provider at webmaster@islandtreasuresinternational.com
12. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
13. Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
14. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.
15. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
16. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
17. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
18. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.
19. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.
20. Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.