1. SaintLuciaSilver.org is the official website commemoration Saint Lucia's
25th Anniversary of Independence.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of SaintLuciaSilver.org, sets forth the terms and conditions
that apply to use of SaintLuciaSilver.org by the Subscriber. By using
SaintLuciaSilver.org, the Subscriber agrees to comply with all of the terms
and conditions hereof. The right to use SaintLuciaSilver.org is personal to
the Subscriber and is not transferable to any other person or entity. The
Subscriber is responsible for complying fully with the provisions of this
Agreement. The Subscriber shall be responsible for protecting the
confidentiality of the Subscriber's password(s), account(s) and username(s),
if any.
(B) SaintLuciaSilver.org shall have the right at any time to change or
discontinue any aspect or feature of SaintLuciaSilver.org, including, but not
limited to, content, hours of availability, and equipment needed for access or
use.
3. Changed Terms.
SaintLuciaSilver.org shall have the right at any time to change or modify the
terms and conditions applicable to the Subscriber's use of
SaintLuciaSilver.org, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but not limited to,
posting on SaintLuciaSilver.org, or by electronic or conventional mail, or by
any other means by which the Subscriber obtains notice thereof. Any use of
SaintLuciaSilver.org by the Subscriber after such notice shall be deemed to
constitute acceptance by the Subscriber of such changes, modifications or
additions.
4. Equipment.
The Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use
of SaintLuciaSilver.org and all charges related thereto.
5. Subscriber Conduct.
(A) The Subscriber shall use SaintLuciaSilver.org for lawful purposes only.
The Subscriber shall not post or transmit through SaintLuciaSilver.org any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, or which, without express prior
approval, contains advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in the discretion of
SaintLuciaSilver.org or the Government of Saint Lucia restricts or inhibits
any other Subscriber from using or enjoying SaintLuciaSilver.org will not be
permitted. The Subscriber shall not use SaintLuciaSilver.org to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line information
services competitive with SaintLuciaSilver.org.
(B) SaintLuciaSilver.org may contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
SaintLuciaSilver.org are copyrighted as a collective work under copyright laws
of Saint Lucia. SaintLuciaSilver.org or the Government of Saint Lucia own
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. The Subscriber may not
modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. The Subscriber may download copyrighted material for the Subscriber's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the expressed
written permission of SaintLuciaSilver.org or the Government of Saint Lucia
and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. The
Subscriber acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) The Subscriber shall not upload, post or otherwise make available on
SaintLuciaSilver.org any material protected by copyright, trademark or other
proprietary right without the expressed written permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with the Subscriber. The
Subscriber shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of
SaintLuciaSilver.org, the Subscriber automatically grants, or warrants that
the owner of such material has expressly granted SaintLuciaSilver.org and the
Government of Saint Lucia the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. The Subscriber also permits any other Subscriber to access, view,
store or reproduce the material for that Subscriber's personal use. The
Subscriber hereby grants SaintLuciaSilver.org and the Government of Saint
Lucia the right to edit, copy, publish and distribute any material made
available on SaintLuciaSilver.org by the Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
SaintLuciaSilver.org, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) THE SUBSCRIBER EXPRESSLY AGREES THAT USE OF SaintLuciaSilver.org IS AT
SUBSCRIBER'S SOLE RISK. NEITHER SaintLuciaSilver.org, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT SaintLuciaSilver.org WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF SaintLuciaSilver.org, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
SaintLuciaSilver.org.
(B) SaintLuciaSilver.org IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. THE SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
SaintLuciaSilver.org IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH THE SUBSCRIBER.
(D) IN NO EVENT WILL SaintLuciaSilver.org, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING SaintLuciaSilver.org OR THE
SaintLuciaSilver.org SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SaintLuciaSilver.org.
THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON SaintLuciaSilver.org.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SaintLuciaSilver.org,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN SaintLuciaSilver.org, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
7. Monitoring.
The Webmaster shall have the right, but not the obligation, to monitor the
content of SaintLuciaSilver.org, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established and to
satisfy any law, regulation or authorized government request.
SaintLuciaSilver.org shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
SaintLuciaSilver.org. Without limiting the foregoing, the Webmaster shall have
the right to remove any material that in his discretion is found to be in
violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
The Subscriber agrees to defend, indemnify and hold harmless
SaintLuciaSilver.org, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of SaintLuciaSilver.org by the
Subscriber.
9. Termination.
Either SaintLuciaSilver.org or the Government of Saint Lucia or Subscriber may
terminate this Agreement at any time. Without limiting the foregoing,
SaintLuciaSilver.org shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which
SaintLuciaSilver.org or the Government of Saint Lucia, in their sole
discretion, consider to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6,
8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
SaintLuciaSilver.org and the Government of Saint Lucia and each of their logos
are trademarks of SaintLuciaSilver.org and the Government of Saint Lucia
respectively. All rights reserved. All other trademarks appearing on
SaintLuciaSilver.org are the property of their respective owners.
11. Third Party Content.
SaintLuciaSilver.org is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, SaintLuciaSilver.org
has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers, Subscribers or any other user of
SaintLuciaSilver.org, are those of the respective author(s) or distributor(s)
and not of SaintLuciaSilver.org. Neither SaintLuciaSilver.org nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 above for the complete provisions
governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through SaintLuciaSilver.org
represents the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with SaintLuciaSilver.org.
SaintLuciaSilver.org neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on SaintLuciaSilver.org
by anyone other than authorized SaintLuciaSilver.org or the the Government of
Saint Lucia employee spokespersons while acting in their official capacities.
Under no circumstances will SaintLuciaSilver.org be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through
SaintLuciaSilver.org. It is the responsibility of the Subscriber to evaluate
the accuracy, completeness or usefulness of any information, opinion, advice
or other content available through SaintLuciaSilver.org. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for SaintLuciaSilver.org constitute the
entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in
accordance with the laws of Saint Lucia. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
SaintLuciaSilver.org respects the rights of all copyright holders and in
this regard, SaintLuciaSilver.org has adopted and implemented a policy that
provides for the termination in appropriate circumstances of subscribers and
account holders who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide details to the Webmaster via email at
webmaster@SaintLuciaSilver.org.
Details should include the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to
locate the material;
4. Information reasonably sufficient to permit us to contact the complaining
party;
5. A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
For web posting, authorization, consent, reprint, or licensing requests for
SaintLuciaSilver.org material, please send email to
webmaster@SaintLuciaSilver.org.
© 2003 SaintLuciaSilver.org. Republication or redistribution of content on
this website is expressly prohibited without the prior written consent of
SaintLuciaSilver.org or the Government of Saint Lucia. You may include a link
to the Home Page of our website (http://www.SaintLuciaSilver.org)
from your own website without seeking permission, but links to
any other page of this website are subject
to the express written permission of the SaintLuciaSilver.org. Link to our
website must open in a new window, and not within a frame from your own site.
If you have need any further assistance please send an email to Webmaster
at:
webmaster@SaintLuciaSilver.org.
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