Content in the Video Players
1.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Video Players are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
1.2 You should be aware that Content presented to you as part of the Video Players, including but not limited to advertisements in the Video Players and sponsored Content within the Video Players may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to The Caribbean Insider LLC. (Or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Caribbean Insider LLC. or by the owners of that Content, in a separate agreement.
1.3 The Caribbean Insider LLC. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
1.4 For some of the Video Players, The Caribbean Insider LLC. may provide tools to filter out explicit sexual content. In addition, there are commercially available Video Players and software to limit access to material that you may find objectionable.
2. Proprietary rights
2.1 You acknowledge and agree that The Caribbean Insider LLC. (or The Caribbean Insider LLC.’s licensors) own all legal right, title and interest in and to the Video Players, including any intellectual property rights which subsist in the Video Players (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Video Players may contain information which is designated confidential by The Caribbean Insider LLC. and that you shall not disclose such information without The Caribbean Insider LLC.’s prior written consent.
2.2 Unless you have agreed otherwise in writing with The Caribbean Insider LLC., nothing in the Terms gives you a right to use any of The Caribbean Insider LLC.’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
2.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with The Caribbean Insider LLC., then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and The Caribbean Insider LLC.'s brand feature use guidelines as updated from time to time.
2.4 Other than the limited license set forth in Section 11, The Caribbean Insider LLC. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, or display on, or through, the Video Players, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with The Caribbean Insider LLC., you agree that you are responsible for protecting and enforcing those rights and that The Caribbean Insider LLC. has no obligation to do so on your behalf.
2.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Video Players.
2.6 Unless you have been expressly authorized to do so in writing by The Caribbean Insider LLC., you agree that in using the Video Players, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
3. License from The Caribbean Insider LLC.
3.1 The Caribbean Insider LLC. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by The Caribbean Insider LLC. as part of the Video Players as provided to you by The Caribbean Insider LLC. (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Video Players as provided by The Caribbean Insider LLC., in the manner permitted by the Terms.
3.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by The Caribbean Insider LLC., in writing.
3.3 Unless The Caribbean Insider LLC. has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4. Content license from you
4.1 You retain copyright and any other rights you already hold in Content which you submit, on or through, the Video Players. By submitting, posting or displaying the content you give The Caribbean Insider LLC. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Video Players. This license is for the sole purpose of enabling The Caribbean Insider LLC. to display, distribute and promote the Video Players and may be revoked for certain Video Players as defined in the Additional Terms of those Video Players.
4.2 You agree that this license includes a right for The Caribbean Insider LLC. to make such Content available to other companies, organizations or individuals with whom The Caribbean Insider LLC. has a relationship for the provision of syndicated Video Players, and to use such Content in connection with the provision of those Video Players.
4.3 You understand that The Caribbean Insider LLC., in performing the required technical steps to provide the Video Players to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Video Players or media. You agree that this license shall permit The Caribbean Insider LLC. to take these actions.
4.4 You confirm and warrant to The Caribbean Insider LLC. that you have all the rights, power and authority necessary to grant the above license.
5. Software updates
5.1 The Software which you use may automatically download and install updates from time to time from The Caribbean Insider LLC.. These updates are designed to improve, enhance and further develop the Video Players and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit The Caribbean Insider LLC. to deliver these to you) as part of your use of the Video Players.
6. Ending your relationship with The Caribbean Insider LLC.
6.1 The Terms will continue to apply until terminated by either you or The Caribbean Insider LLC. as set out below.
6.2 If you want to terminate your legal agreement with The Caribbean Insider LLC., you may do so one all financial obligations on your part have been fulfilled and by (a) notifying The Caribbean Insider LLC. upon the end of the agreed upon period for Video Players. Your notice should be sent, in writing, to The Caribbean Insider LLC.’s address at 4025 West Whitewater Ave, Weston , Fl. 33332..
6.3 The Caribbean Insider LLC. may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) The Caribbean Insider LLC. is required to do so by law (for example, where the provision of the Video Players to you is, or becomes, unlawful); or
(C) The partner with whom The Caribbean Insider LLC. offered the Video Players to you has terminated its relationship with The Caribbean Insider LLC. or ceased to offer the Video Players to you; or
(D) The Caribbean Insider LLC. is transitioning to no longer providing the Video Players to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Video Players to you by The Caribbean Insider LLC. is, in The Caribbean Insider LLC.’s opinion, no longer commercially viable.
7.4 Nothing in this Section shall affect The Caribbean Insider LLC.’s rights regarding provision of Video Players under Section 4 of the Terms.
7.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Caribbean Insider LLC. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
8. EXCLUSION OF WARRANTIES
8.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT THE CARIBBEAN INSIDER LLC.’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE VIDEO PLAYERS IS AT YOUR SOLE RISK AND THAT THE VIDEO PLAYERS ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
8.3 IN PARTICULAR, THE CARIBBEAN INSIDER LLC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE VIDEO PLAYERS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE VIDEO PLAYERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE VIDEO PLAYERS WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE VIDEO PLAYERS WILL BE CORRECTED.
8.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VIDEO PLAYERS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CARIBBEAN INSIDER LLC. OR THROUGH OR FROM THE VIDEO PLAYERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.6 THE CARIBBEAN INSIDER LLC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CARIBBEAN INSIDER LLC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR VIDEO PLAYERS, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE VIDEO PLAYERS;
(II) ANY CHANGES WHICH THE CARIBBEAN INSIDER LLC. MAY MAKE TO THE VIDEO PLAYERS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE VIDEO PLAYERS (OR ANY FEATURES WITHIN THE VIDEO PLAYERS);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE VIDEO PLAYERS;
(III) YOUR FAILURE TO PROVIDE THE CARIBBEAN INSIDER LLC. WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
10.2 THE LIMITATIONS ON THE CARIBBEAN INSIDER LLC.’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT THE CARIBBEAN INSIDER LLC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Copyright and trade mark policies
11.1 It is The Caribbean Insider LLC.’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
11.2 The Caribbean Insider LLC. operates a trade mark complaints procedure in respect of The Caribbean Insider LLC.’s advertising business.
12. Advertisements
12.1 Some of the Video Players are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Video Players, queries made through the Video Players or other information.
12.2 The manner, mode and extent of advertising by The Caribbean Insider LLC. on the Video Players are subject to change without specific notice to you.
12.3 In consideration for The Caribbean Insider LLC. granting you access to and use of the Video Players, you agree that The Caribbean Insider LLC. may place such advertising on the Video Players.
13. Other content
13.1 The Video Players may include hyperlinks to other web sites or content or resources. The Caribbean Insider LLC. may have no control over any web sites or resources which are provided by companies or persons other than The Caribbean Insider LLC..
13.2 You acknowledge and agree that The Caribbean Insider LLC. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that The Caribbean Insider LLC. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13. Changes to the Terms
13.1 The Caribbean Insider LLC. may make changes to the Universal Terms or Additional Terms from time to time.
14.2 You understand and agree that if you use the Video Players after the date on which the Universal Terms or Additional Terms have changed, The Caribbean Insider LLC. will treat your use as acceptance of the updated Universal Terms or Additional Terms.
15. General legal terms
15.1 Sometimes when you use the Video Players, you may (as a result of, or through your use of the Video Players) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Video Players, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and The Caribbean Insider LLC. and govern your use of the Video Players (but excluding any Video Players which The Caribbean Insider LLC. may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Caribbean Insider LLC. in relation to the Video Players.
15.3 You agree that The Caribbean Insider LLC. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Video Players.
15.4 You agree that if The Caribbean Insider LLC. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Caribbean Insider LLC. has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Caribbean Insider LLC.’s rights and that those rights or remedies will still be available to The Caribbean Insider LLC..
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 You acknowledge and agree that each member of the group of companies of which The Caribbean Insider LLC. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
15.7 The Terms, and your relationship with The Caribbean Insider LLC. under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and The Caribbean Insider LLC. agree to submit to the exclusive jurisdiction of the courts located within the county of Broward Country, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Caribbean Insider LLC. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction
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Date ______________________________