Effective Date: July 7, 2019
These Terms of Use (“Terms”) govern your Use of any practices for any (i) website; (ii) mobile application; (iii) email, listener club and/or text distribution list; and (iv) any other online interactive feature or service no known or hereafter devised that provides an authorized link or URL to these Terms (collectively, the “Services”) owned, operated and/or offered by Inter-Island Communications, Ltd. and its subsidiaries (collectively, “IIC”, “Us” or “We). Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.
Changes. We may occasionally change these Terms, so We encourage you to review the Terms periodically. If you continue to use the Services after We change the Terms, you accept all changes.
Intellectual Property; License. The content, information, data, designs, code, and materials associated with the Services (“Content“) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions.
Subject to these Terms, you may access and Use the Services only for your own personal, non-commercial Use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to Use the Services or resell the Services.
Viral Distribution. We may expressly authorize you to redistribute certain Content for personal, non-commercial Use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
Commercial Licenses. You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact Us.
Legal Complaints. IIC respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
User Submissions. Some of the Services may allow you to submit or transmit audio, video, images, text, or other materials (collectively, “User Submissions“) to or through the Services. When you provide User Submissions, you grant to IIC , its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to Us, you will continue owning it after providing it to Us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if We made Use of your User Submission before you deleted it, We will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions. We may refuse or remove a User Submission without notice to you. However, We have no obligation to monitor User Submissions, and you agree that neither We nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the IIC Privacy Policy, We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want to be protected from others.
You represent and warrant that you have all rights necessary to grant to IIC the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Third-Party Content. We occasionally provide third-party content or link to third-party Web sites on the Services. We do not necessarily endorse or evaluate third-party content and Web sites, and We do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.
Release. Because We do not supervise or control the events, gatherings or interactions between our Users and other persons, because We are not in any way involved with physical transportation to or from events or gatherings or with the actions of any individuals at such events or gatherings, because We cannot guarantee the true identity or age of our Users, and because We have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services, you agree to bear all risk and to release Us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and the hosts of any events or gatherings and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your Use of the Services, our resolution of any disputes among Users, and/or your transportation to or from, attendance at, or the actions of you or other persons at an event or gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Acceptable Use. The Services have been designed to present Content in a unique format and appearance. Unless We give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms, you may not Use the Services to do the following or assist others to do the following:
The IIC Parties (as defined herein) will not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate these Terms. If you do not agree to these Terms, you should immediately stop using the Services. Any User Submissions you made while using the Services will continue to be governed by the User Submissions section of these Terms. The User Submissions, Indemnification, Disclaimers; Limitation of Liability, Governing Law; Venue; Jurisdiction, Arbitration, Miscellaneous and Copyright Complaints sections of these Terms will survive any termination of your access to the Services, whether We terminate your access or you voluntarily discontinue your Use as will any provision that by its nature should survive.
Indemnification. You will defend, indemnify, and hold harmless IIC, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “IICParties“) with respect to all claims, costs (including, without limitation, attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation, Use of your account, whether or not authorized by you, and claims arising from User Submissions) your violation of any law, statute, ordinance or regulation or the rights of a third party or your participation in events or gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other Users at events or gatherings). IIC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with Us to defend such claim. You may not settle any claim covered by this Indemnification section of the Terms without IIC's prior written approval.
Disclaimers; Limitation of Liability. THE IIC PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE IIC PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE IIC PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS OR ARISING OUT OF OR IN CONNECTION WITH TRANSPORTATION TO OR FROM EVENTS OR GATHERINGS, ATTENDANCE AT EVENTS OR GATHERINGS, PARTICIPATION IN OR EXCLUSION FROM EVENTS OR GATHERINGS AND THE ACTIONS OF YOU OR OTHERS AT EVENTS OR GATHERINGS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE IIC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE IIC PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO IIC IN THE THREE MONTHS PRECEDING THE CLAIM. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE IIC PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE IIC PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Site Access; Account Deletion. We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
Copyright Complaints. If you believe that Content on the Services violates your copyright, please send Us a notice of the violation using the following contact information:
By email: glenn@hott1075bermuda.com - Please include "Copyright Matter" in the subject line.
Other Legal Complaints. If you have a legal complaint regarding the Services other than copyright matters or wish to receive further information regarding the use of the Services, please contact us.
Your complaint must:
Governing Law; Venue; Jurisdiction. These Terms and all claims arising from or related to your Use of the Services will be governed by and construed in accordance with the laws of Bermuda. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the Magistrates and Supreme courts in Hamilton, Bermuda. Notwithstanding any other provision of these Terms, We may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to Use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless We establish a different location, arbitration hearings will be held in Hamilton, Bermuda. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
