Terms of Use Agreement
Read This Terms of Use Agreement Before AccessingWebsite.
Effective Date: This Terms of Use Agreement waslast updated on March 15, 2009.
This Terms of Use Agreement sets forth the standards of use of the CaribPlanet.comOnline Service for Registered Members. By using the CaribPlanet.com website you(the “Member”) agree to these terms and conditions. If you do not agree to theterms and conditions of this agreement, you should immediately cease all usageof this website. We reserve the right, at any time, to modify, alter, or updatethe terms and conditions of this agreement without prior notice. Modificationsshall become effective immediately upon being posted at CaribPlanet.comwebsite. Your continued use of the Service after amendments are postedconstitutes an acknowledgement and acceptance of the Agreement and itsmodifications. Except as provided in this paragraph, this Agreement may not beamended.
1. Description of Service
CaribPlanet.com is providing Member with a social interactive website. Membermust provide (1) all equipment necessary for their own Internet connection,including computer and modem and (2) provide for Member's access to theInternet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by CaribPlanet.com on an “as is”and on an “as available” basis. To the fullest extent permitted by applicablelaw, CaribPlanet.com makes no representations or warranties of any kind,express or implied, regarding the use or the results of this web site in termsof its correctness, accuracy, reliability, or otherwise. CaribPlanet.com shallhave no liability for any interruptions in the use of this Website. CaribPlanet.comdisclaims all warranties with regard to the information provided, including theimplied warranties of merchantability and fitness for a particular purpose, andnon-infringement. Some jurisdictions do not allow the exclusion of implied
3. Limitation of Liability
CARIBPLANET.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND INPARTICULAR CARIBPLANET.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OFREVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THEINFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CARIBPLANET.COMHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOTALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold CaribPlanet.com ,its parents, subsidiaries, affiliates, officers and employees, harmless fromany claim or demand, including reasonable attorneys' fees and costs, made byany third party due to or arising out of Member's use of the Service, theviolation of this Agreement, or infringement by Member, or other user of theService using Member's computer, of any intellectual property or any otherright of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members areentirely responsible for any and all activities which occur under their accountwhether authorized or not authorized. Member agrees to notify CaribPlanet.comof any unauthorized use of Member's account or any other breach of securityknown or should be known to the Member. Member's right to use the Service ispersonal to the Member. Member agrees not to resell or make any commercial useof the Service without the express written consent of CaribPlanet.com.
6. Modifications and Interruption to Service
CaribPlanet.com reserves the right to modify or discontinue the Service with orwithout notice to the Member. CaribPlanet.com shall not be liable to Member orany third party should CaribPlanet.com exercise its right to modify ordiscontinue the Service. Member acknowledges and accepts that CaribPlanet.comdoes not guarantee continuous, uninterrupted or secure access to our websiteand operation of our website may be interfered with or adversely affected bynumerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on theInternet that are owned and operated by online merchants and other thirdparties. You acknowledge that we are not responsible for the availability of,or the content located on or through, any third-party site. You should contactthe site administrator or webmaster for those third-party sites if you have anyconcerns regarding such links or the content located on such sites. Your use ofthose third-party sites is subject to the terms of use and privacy policies ofeach site, and we are not responsible therein. We encourage all Members toreview said privacy policies of third-parties' sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by theVendors or collected from publicly available sources. While CaribPlanet.commakes every effort to ensure that the information on this website is accurate,we can make no representations or warranties as to the accuracy or reliabilityof any information provided on this website.
CaribPlanet.com makes no warranties or representations whatsoever with regardto any product provided or offered by any Vendor, and you acknowledge that anyreliance on representations and warranties provided by any Vendor shall be atyour own risk.
9. Governing Jurisdiction of the Courts of Georgia
Our website is operated and provided in the State of Georgia. As such, we aresubject to the laws of the State of Georgia and such laws will govern thisTerms of Use, without giving effect to any choice of law rules. We make norepresentation that our website or other services are appropriate, legal oravailable for use in other locations. Accordingly, if you choose to access oursite you agree to do so subject to the internal laws of the State of Georgia.
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible forcompliance with any such laws. Member may not use the Service in any way thatviolates applicable state, federal, or international laws, regulations or othergovernment requirements. Member further agrees not to transmit any materialthat encourages conduct that could constitute a criminal offense, give rise tocivil liability or otherwise violate any applicable local, state, national, orinternational law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text,graphics, interfaces, and the selection and arrangements thereof is ©2008 CaribPlanet.com.com, will all rights reserved, or is the property of CaribPlanet.com and/orthird parties protected by intellectual property rights. Any use of materialson the website, including reproduction for purposes other than those notedabove, modification, distribution, or replication, any form of data extractionor data mining, or other commercial exploitation of any kind, without priorwritten permission of an authorized officer of CaribPlanet.com is strictlyprohibited. Members agree that they will not use any robot, spider, or otherautomatic device, or manual process to monitor or copy our web pages or thecontent contained therein without prior written permission of an authorizedofficer of CaribPlanet.com .
CaribPlanet.com ™ and CaribPlanet.com .com™ are proprietary marks of CaribPlanet.com.com. CaribPlanet.com 's trademarks may not be used in connection with anyproduct or service that is not provided by CaribPlanet.com , in any manner thatis likely to cause confusion among customers, or in any manner that disparagesor discredits CaribPlanet.com .
All other trademarks displayed on CaribPlanet.com'swebsite are the trademarks of their respective owners, and constitute neitheran endorsement nor a recommendation of those Vendors. In addition, such use oftrademarks or links to the web sites of Vendors is not intended to imply,directly or indirectly, that those Vendors endorse or have any affiliation withCaribPlanet.com.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted throughthe Digital Millennium Copyright Act, CaribPlanet.com .com designates thefollowing individual as its agent for receipt of notifications of claimedcopyright infringement.
By Mail
CaribPlanet.com
Attention: Copyright Violation
Snellville, GA 30039
By Email:
13. Botnets
CaribPlanet.com retains the right, at our sole discretion, to terminate anyaccounts involved with botnets and relatedactivities. If any hostnames are used as command and control points for
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void orunenforceable for any reason, the other provisions (and anypartially-enforceable provision) shall not be affected thereby and shall remainvalid and enforceable to the maximum possible extent. You agree that this Termsof Use Agreement and any other agreements referenced herein may be assigned by CaribPlanet.com,in our sole discretion, to a third party in the event of a merger oracquisition. This Terms of Use Agreement shall apply in addition to, and shallnot be superseded by, any other written agreement between us in relation toyour participation as a Member. Member agrees that by accepting this Terms ofUse Agreement, Member is consenting to the use and disclosure of theirpersonally identifiable information and other practices described in our Privacy Statement.
