Welcome to CaribFriends.com, the next generation social networking site where members can stay in touch with their friends, meet new people and hang out ('CaribFriends Service'). CaribFriends.com is operated by Deal Ventures Ltd. ('CaribFriends'). By using the CaribFriends Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to CaribFriends.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
You must be 16 years or older to use the CaribFriends Service. By registering for the CaribFriends Service, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a CaribFriends.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The CaribFriends Service is made available for your personal, non-commercial use only. You may not use the CaribFriends Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the CaribFriends.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does CaribFriends have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the CaribFriends Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the CaribFriends Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by CaribFriends.com
- Create a false or misleading identity of, including, but not limited to, a CaribFriends employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Access any content made available on the CaribFriends.com website through any technology or means other than as CaribFriends shall explicitly designate for the purpose.
- Disable, circumvent, or otherwise interfere with any security and/or copyright protection features of the CaribFriends.com website, which shall include any features that limit or control the use of the CaribFriends.com website or your ability to access, use, copy or share content.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the CaribFriends.com Service in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the website (and all related technologies).
- Attempt to gain unauthorized access to the CaribFriends Service, other accounts, computer systems or networks connected to the CaribFriends Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the CaribFriends Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the CaribFriends.com Service.
- Reformat or frame any portion of the web pages that are part of the CaribFriends.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the CaribFriends Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the CaribFriends Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the CaribFriends.com website by electronic or other means.
- Use the CaribFriends.com website for any commercial use, without the prior written consent of CaribFriends.
CaribFriends does not claim any ownership rights in any Materials that you submit, post, or display on or through the CaribFriends Services or on the CaribFriends.com Web site. After submitting, posting or displaying Materials on or through the CaribFriends Services or on the CaribFriends.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the CaribFriends Service, you hereby grant to CaribFriends a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the CaribFriends Service.
Without this license, CaribFriends would be unable to provide the CaribFriends Service. For example, without the right to modify your Materials, CaribFriends would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, CaribFriends could not allow users and Members to listen to music posted by Members. The license you grant to CaribFriends is non-exclusive (meaning you are free to license your Materials to anyone else in addition to CaribFriends), fully-paid and royalty-free (meaning that CaribFriends is not required to pay you for the use on the CaribFriends Service of the Materials that you post), sublicensable (so that CaribFriends is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the CaribFriends Service), and worldwide (because the Internet and the CaribFriends Service are global in reach). This license will terminate at the time you remove your Materials from the CaribFriends Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the CaribFriends Service, CaribFriends reserves the right to remove all of your Materials from other Member's pages. The license does not grant CaribFriends the right to sell your Materials, nor does the license grant CaribFriends the right to distribute your Materials outside of the CaribFriends Service. You represent and warrant that: (i) you own the Materials posted by you on or through the CaribFriends Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the CaribFriends Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the CaribFriends Service.
Deal Ventures Ltd. and its affiliates and licensors own and retain all rights in the CaribFriends.com Web site and CaribFriends Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the CaribFriends Service by CaribFriends.com. Except as expressly authorized by CaribFriends.com , you may not copy, modify, publish, transmit, distribute, perform, display or sell any of CaribFriends.com 's proprietary information. 'CaribFriends' and 'CaribFriends.com' trademarks of Deal Ventures Ltd.
(i) statement that you have identified material on the CaribFriends.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the CaribFriends.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: CaribFriends Copyright Infringement Notification]
Email: admin @ caribfriends .com
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to CaribFriends. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to CaribFriends in bad faith.
If you believe that any material that you have uploaded on to the CaribFriends.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice ') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which CaribFriends has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided CaribFriends with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: CaribFriends Copyright Infringement Counter-Notification]
Email: admin @ caribfriends .com
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to CaribFriends. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to CaribFriends in bad faith.
CaribFriends shall not be responsible for any connection or access to the CaribFriends.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the CaribFriends.com website via the Internet, and the Internet access charges thereon.
Termination of the CaribFriends Service
These Terms of Service will apply to your use of the CaribFriends Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the CaribFriends Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
CaribFriends may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the CaribFriends Service, or any part thereof, with or without notice. You agree that any termination of access to the CaribFriends Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that CaribFriends 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 CaribFriends Service. Where possible, CaribFriends will use reasonable efforts to give Members fair notice of termination or suspension of their access to the CaribFriends Service. Further you agree that CaribFriends shall not be liable to you or any third party for any termination or suspension of access to the CaribFriends Service or modification of the CaribFriends Service.
Disclaimer of Warranties
Deal Ventures Ltd. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('CaribFriends') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the CaribFriends Service.
CaribFriends further expressly disclaims (1) that the CaribFriends Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the CaribFriends Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the CaribFriends Service or the content made available as part of the CaribFriends Service will be correct, accurate, timely, or otherwise reliable.
CaribFriends expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the CaribFriends Service input by other Members is correct or accurate.
THE CARIBFRIENDS SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE CARIBFRIENDS SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. CARIBFRIENDS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE CARIBFRIENDS SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at CaribFriends's request defend, CaribFriends, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the CaribFriends.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, CaribFriends will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE CARIBFRIENDS SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL CARIBFRIENDS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE CARIBFRIENDS SERVICE, WHETHER OR NOT CARIBFRIENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CARIBFRIENDS SERVICE, FROM INABILITY TO USE THE CARIBFRIENDS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CARIBFRIENDS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE CARIBFRIENDS SERVICE OR ANY PART OF THE CARIBFRIENDS SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CARIBFRIENDS SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CARIBFRIENDS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
CaribFriends may provide you with notices regarding the CaribFriends.com Service or these Terms of CaribFriends Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the CaribFriends Services.
These Terms of Service will be governed by and construed in accordance with the laws of Jamaica, without giving effect to its conflict of laws provisions or your actual country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Jamaica. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall CaribFriends be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and CaribFriends with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.