CaribbeanOnlineMall.comTerms and Conditions of Use
AGREEMENT BETWEEN YOU AND CaribbeanOnlineMall.com
Welcome to CaribbeanOnlineMall.com, a service of Ultra Consulting Network Limited. ("UCNL").
UCNL offers the use of its web sites ("UCNL Sites") to you conditioned on your acceptance without modification of the following Terms and Conditions of Use ("Terms"). In addition, when using particular UCNL Sites, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time.
Additionally, the UCNL Sites may themselves contain additional terms that govern particular features or offers. All such guidelines or rules are hereby incorporated by reference into these Terms. UCNL reserves the right to change the terms, conditions and notices under which the UCNL Sites are offered, at any time and without notice to you. You are responsible for regularly reviewing these Terms. Your continued use of the UCNL Sites constitutes your agreement to all these Terms, including any changes or modifications made by UCNL as described above.
USE OF THE UCNL SITES
You agree to not use the UCNL Sites to:
You acknowledge that UCNL does not pre-screen Content, but that UCNL and its designees will have the right (but not the obligation) in their sole discretion to refuse or move any ontent that is available via the UCNL Sites. Without limiting the foregoing, UCNL and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- upload, post, email or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- use or attempt to use another's account, service or system without authorization, or create or use a false identity on the UCNL Sites;
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of another;
- transmit to, through or on the UCNL Sites any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,""chain letters," "pyramid schemes," stalking, harassing, or any other form of solicitation to people, entities or accounts who have not agreed to receive those transmissions;
- upload, post, email or otherwise transmit any material that contains any viruses or other contaminating, disruptive or destructive features;
- disrupt, interfere with, or otherwise abuse the UCNL Sites or any services, system resources, accounts, servers or networks connected to or accessible through the UCNL Sites;
- attempt to obtain unauthorized access to the UCNL Sites or portions of them that are restricted from general access; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge and agree that UCNL may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of UCNL, its employees, users or the public.
LICENSES AND SITE ACCESS
UCNL grants you a limited license to make personal and commercial use only of the UCNL Sites. This grant does not include, without limitation, (a) any reproduction, duplication, copying, sale, resale, or other exploitation or use of the UCNL Sites or any contents for commercial purposes, (b) the collection and use of any product listings or descriptions, (c) making derivative uses of the UCNL Sites and their contents, (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of UCNL or any third party.
SOFTWARE AVAILABLE ON THE UCNL SITES
If you download third-party software that UCNL indexes on its sites, please remember that UCNL does not create, endorse, or sponsor that software. If you download any third-party materials that UCNL indexes or supports, you do so completely at your own risk. If you plan to download any software, please be sure to read the copyright and licensing information first.
You are granted a limited, nonexclusive right to create a hyperlink to the UCNL Sites, on the condition that the link does not portray UCNL or any of its products or services in a false, misleading, defamatory or otherwise derogatory way. You may not use a UCNL logo or other proprietary graphic or trademark of UCNL to link to the UCNL Sites without UCNLs express written permission. This limited right may be revoked at any time.
UCNL makes no claim or representation about, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the UCNL Sites. Because UCNL has no control over those sites and resources, you acknowledge and agree that UCNL is not responsible for the availability of those sites or resources, and does not endorse, review, change or update those sites or resources. UCNL is providing those links to you only as a convenience. UCNL is not responsible or liable for any Content, advertising, products, or other materials on or available from those sites or resources. You also acknowledge and agree that UCNL will not be responsible or liable, directly or indirectly, for any damage or loss related to your use of any content, goods or services available on or through any of those sites or resources. When leaving the UCNL Sites, you should be aware that UCNLs terms and policies no longer govern, and therefore you should review the applicable terms and policies of that site.
UCNL AND CHILDREN
The UCNL Sites are directed to adults and teenagers and are not directed to children under the age of 13. UCNL does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. If you have agreed to allow your minor child, or a child for whom you are legal guardian, to register on the UCNL Sites, you agree that you will be solely responsible for (a) that child's online conduct, (b) monitoring that child's access to and use of the UCNL Sites, and (c) the consequences of any use of the UCNL Sites by that child. UCNL hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
All materials contained in the UCNL Web Sites, including, without limitation, the UCNL logo, design, text, graphics, HTML, other files, and the selection and arrangement of those materials, are Copyright © 2003-2005 UCNL. ALL RIGHTS RESERVED and are otherwise protected copyright and international treaties. Except as stated in these Terms, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any online form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of UCNL or the respective copyright owner. UCNL grants you permission to display, copy, distribute and download the materials on the UCNL Sites for personal, noncommercial, commercial and informational use only; on the condition that you do not, without the permission of UCNL or the respective copyright owner, (a) copy, publish or post any of those materials on any computer network or broadcast or publication media, (b) modify those materials, or (c) remove or alter any copyright or other proprietary notices contained in those materials. The materials from UCNL's sites are available for informational and noncommercial uses offline only, provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by UCNL.
Permission to use UCNL content is granted on a case-by-case basis. UCNL welcomes requests. Please direct your inquiries to email@example.com.
QUOTING FROM UCNL
In quoting UCNL's editorial content in promotional materials or on product packaging, UCNL requires that you submit the quoted material and that you sign an agreement with UCNL stating that you will use it in context, attribute the quote accurately, and identify UCNL as the source. Please keep in mind, however, that UCNL does not sponsor or endorse the products or services of others.
Among the trademarks and service marks owned by UCNL, are UCNL, TrinidadShopping.com, all associated sites within the TrinidadShopping.com network, TrinidadShopping Web Services, the respective logos of all the sites, and the "look" and "feel" of UCNL sites including UCNL's color combinations, button shapes, layout, and all other graphical elements. Specific site logos are available for you to put on your site as a link. Any other use of UCNL's trademarks requires UCNL's permission.
UCNL respects the intellectual property of others, and we ask our users to do the same. UCNL has implemented procedures for receiving written notification of claimed infringements and for processing those claims. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide UCNL the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to indemnify, defend and hold UCNL and its subsidiaries and affiliates, and their respective directors, employees, agents, information providers, licensors, co-branders or other partners, harmless from and against any claims, demands, liabilities, losses, costs and expenses (including attorneys' fees), arising out of or accruing from (a) any content you submit, post to or transmit through the UCNL Sites; (b) your use of or connection to the UCNL Sites; (c) any non-compliance by you with any of these Terms; (d) any misrepresentation made by you in connection with your use of the UCNL Sites; or (e) your violation of any rights of another. UCNL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with UCNLs defense of such claim.
MODIFICATIONS TO UCNL SITES
UCNL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the UCNL Sites (or any part thereof) with or without notice. You agree that UCNL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the UCNL Sites.
UCNL reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the UCNL Sites, at any time without prior notice or liability. UCNL may also, in its sole discretion and at any time, discontinue providing the UCNL Sites, or any part thereof, with or without notice. You agree that any termination of your access to the UCNL Sites under any provision of these Terms may be effected without prior notice, and acknowledge and agree that UCNL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the UCNL Sites. Further, you agree that UCNL shall not be liable to you or any third-party for any termination of your access to the UCNL Sites.
DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, advertisers, partners or other third parties found on or through the UCNL Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that third party. You agree that UCNL will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of those third parties on the UCNL Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
- YOUR USE OF THE UCNL SITES IS AT YOUR SOLE RISK. NEITHER UCNL NOR ITS CONTENT SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE UCNL WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. UCNL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
- THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE UCNL SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. UCNL MAY CHANGE THE UCNL SITES AT ANY TIME AND WITHOUT PRIOR NOTICE. YOU SHOULD NOT RELY UPON ANY ADVICE OFFERED THROUGH THE UCNL SITES FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, BUT INSTEAD SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- UCNL MAKES NO WARRANTY THAT (i) THE UCNL SITES WILL MEET YOUR REQUIREMENTS, (ii) THE UCNL SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UCNL SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE UCNL SITES WILL MEET YOUR EXPECTATIONS, NOR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UCNL SITES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT WILL UCNL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UCNL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE UCNL SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND UCNL SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE UCNL SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE UCNL SITES; OR (v) ANY OTHER MATTER RELATING TO THE UCNL SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UCNL WEB SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE UCNL WEB SITES.
These Terms constitute the entire agreement between you and UCNL and govern your use of the UCNL Sites, superceding any prior agreements between you and UCNL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and UCNL shall be governed by the laws of Trinidad & Tobago without regard to its conflict of law provisions. You and UCNL agree to submit to the personal and exclusive jurisdiction located in Trinidad & Tobago. The failure of UCNL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 that the other provisions of these Terms will 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 your use of the UCNL Sites or these Terms must be filed within one year after the claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to firstname.lastname@example.org.