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The following represents the general Terms of Use agreement
for all Cayman Islands Restaurants Content Pool related sites, data stores, and
content sources. This Cayman Content Pool ™ is
designed, hosted, and managed by Cayman Travel Guide, it's subsidiaries
and associated companies.
Cayman Travel Guide, its
subsidiaries, affiliates, and content pools (collectively "CTG") provide you
with access to this Web site and the services available on this Web site, or
other Web sites linked or associated (collectively, the "Services" ). Access to
and use of the Services is governed by these Terms of Use. By accessing or using
the Services, you indicate your assent to be bound by the Terms of Use, and your
acknowledgment of and agreement to its terms.
General
Services
The Services include a variety of Cayman Islands related content based Services
supporting travel, transportation, and Cayman business and property owners.
These services include content sites, company specific sites, search
capabilities, inquiry, and email capabilities. The Services act as a system or
venue to introduce you to buyers and sellers of goods and services and providers
of information related to the Cayman Islands.
CTG uses reasonable efforts to ensure the availability of the information and
content, including links, that it makes available through the Services. However,
the Services are composed of content not always offered or controlled by CTG.
CTG does not control (i) the quality, safety or legality of items available
through or on its advertisers' Web sites or sites of third parties not in
privity of contract with CTG, (ii) the truth or accuracy or legality of the
content from those advertisers or those third parties (even if such content
appears on the Services), or (iii) the availability or technical capabilities of
their Web sites or links to those Web sites.
CTG is not liable or responsible for content supplied or approved by third
parties, or for actions you might take in reliance on that content. Nothing
contained in any of the Services is an offer or promise to sell a specific
product for a specific price or that any advertiser will sell any product or
service for any purpose or price or on any specific terms.
CTG does not guarantee the price, terms, product, availability and/or
services offered by any advertiser. For all of the Services, CTG is not involved
in any transactions between you and any of its advertisers, and is not
responsible for, and does not guarantee the price or performance of any goods,
services or information provided by advertisers. If you have a dispute with one
or more advertisers, you agree to release and hereby release CTG (and CTG's
officers, directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If applicable, you waive California Civil Code
section 1542, which says:
- "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."
Only Personal Use is Authorized
Under this Agreement, CTG gives you limited permission to access and use the
Services only for your personal use, and to copy, distribute and transmit the
content of the Services only to the extent that such copying, distribution, and
transmission is automatically done through your browser software incidentally to
using the Services for your personal use. You may also print a copy of the
information displayed on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works from, transfer
or sell any information, products, or service obtained by your use of the
Services.
This restriction means, among other things, that you may not mirror on your
own Web site any portion of the Services or display through your own Web site
any results pages or other information from the Services without CTG's express
permission.
The technology underlying, and content within, the Services is owned by
CTG and/or its licensors (including CTG's advertisers and other content
providers) and is protected by copyright and other intellectual property or
proprietary rights. If you use the Services other than as provided above, you
may violate copyright and other laws of the United States, other countries, as
well as applicable state laws and may be subject to penalties. That would not be
a good thing. As between you and CTG, CTG owns and retains all ownership of the
technology underlying and content within the Services, and reserves all rights
not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CTG DISCLAIMS
ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CTG's Potential Liability for the Services is Limited
NEITHER CTG NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICES. CTG WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB
SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR
PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, THE RESPECTIVE LIABILITY OF CTG, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
CTG is a provider of an interactive computer services for purposes of 47 U.S.C.
section 230. As such, its liability for others' conduct and information is
limited as described therein. Further, CTG is a service provider pursuant to the
Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright
Act, CTG has designated an agent to receive notifications of alleged copyright
infringement on the Services:
- Business and Legal Affairs
Cayman Travel Guide
- 4420 White Rock Lane
- Plano, TX 75024
Tel: 469/443-7601
Fax: 972/731-7950
E-Mail:
copyright@caymaninformationservice.com
In notifying CTG of alleged copyright infringement, you must include the
following information:
 | A description of the copyrighted work that is the subject
of claimed infringement |
| A description of the infringing material and information
sufficient to permit CTG to locate the alleged material |
| Contact information for you, including your address,
telephone number and/or e-mail address |
| A statement by you that you have a good faith belief that
the material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law |
| A statement by you, signed under penalty of perjury, that
the information in the notification is accurate and that you have the
authority to enforce the copyrights that are claimed to be infringed
|
| A physical or electronic signature of the copyright owner
or a person authorized to act on the owner's behalf |
Failure to include all of the above-listed information may result in the
delay of the processing of your complaint. For more information on the Digital
Millennium Copyright Act please visit the United States Copyright Office at
http://lcweb.loc.gov/copyright/onlinesp/.
CTG does not arbitrate or resolve trademark disputes among
CTG's advertisers
or between those advertisers and third parties. However, CTG will promptly
comply with an order of a court of competent jurisdiction concerning a trademark
issue. CTG occasionally receives requests to remove listings from within the
Services. CTG reserves the right to address such requests on a case-by-case
basis.
Objectionable Material and Family Filtering
CTG encourages you to use discretion when browsing the Internet or using the
Services. The Services may contain information that you find objectionable,
harmful, deceptive or otherwise inappropriate, especially for children. If this
is a concern for you, CTG encourages you to use the adult filtering service that
may be provided by CTG. To ensure you do not receive offensive material,
nevertheless, you must install your own filtering software if you wish to limit
the content available through the Services.
If you come across any CTG related site that you believe contains child
pornography or other illegal material, please contact
copyright@caymaninformationservice.com and we will contact the authorities
as appropriate.
Privacy and Data Collection
CTG does not collect personally identifying information from users of the
Services unless users have explicitly given such information to CTG (for
example, when becoming an advertiser or when sending us an e-mail with a
question or as part of a contest). CTG's information practices are further
described in its privacy policy. CTG's privacy policy is part of this
Agreement, and you agree that use of data as described in the privacy policy is
not an actionable breach of your privacy or publicity rights. If you have
entered into another agreement with CTG (such as an Affiliate Agreement or an
Advertiser Agreement), then you may be subject to additional or different
provisions regarding privacy and data collection. If you would like more
information, please read our
privacy policy. You should consider any communication that you transmit to
CTG (such as data, questions or answers, comments, or suggestions) as
non-confidential, and agree that CTG will not be liable or responsible if
information that belongs to you is intercepted and used by an unintended
recipient.
Control over Features, Functions, and Access to the Services
CTG reserves the right to change any information, features and functions of the
Services without prior notice. CTG may deny you access to all or part of the
Services without prior notice if you engage in any conduct or activities that
CTG determines, in its sole discretion, violate this Agreement, the rights of
CTG or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Texas without
regard to its conflict of law provisions. CTG's failure to exercise or enforce
any right or provision of the Agreement will not be deemed to be a waiver of
such right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the
Services will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration must be conducted in Plano, Texas, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
Either you or CTG may seek any interim or preliminary relief from a court of
competent jurisdiction in Plano, Texas, as necessary to protect the rights or
property of you or CTG.
Notice
You may direct any questions concerning this Agreement to:
- Cayman Travel Guide
Business Affairs
4420 White Rock Lane
- Plano, TX 75024
- Tel:469/443-7601
- Fax: 972/731-7950
- Email:
copyright@caymaninformationservice.com
- Amendment
- CTG may amend this Terms of Use
at any time by posting the amended terms on its Web site.
- This Terms of Use agreement was
last revised on January 18, 2005.
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