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Friday, September 30, 2016
  • Bermuda Sun Website Terms of Service

    PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

    This website (the "Website") is offered to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website. By using the Website, you signify your assent to the Terms and Conditions of Use and any subsequent modifications. The Terms and Conditions of Use may be revised from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review the Terms and Conditions of Use every time you use the Website as they are binding upon you.

    Cost

    At this time, there is no cost for using the Website. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible.

    Registration

    Access to the majority of services and features on the Website requires users to register and become Members. Member registration requires you to provide certain personally identifiable information, such as your name, e-mail address and postal code. Please see our Privacy Policy for information on the Website's information gathering and how we intend to use and share any information we collect. If you become a Member, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website using your username or account in whole or in part. We reserve the right to terminate Membership and deny access to the site to any person who violates the Terms Of Use. 

    Personal and Noncommercial Use

    This is a website for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Terms and Conditions of Use.

    Contributing Content

    All users are encouraged to contribute information, pictures and video. Contributions to the Website must adhere to these rules:

    1. You agree not to knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Website.

    2. The Bermuda Sun does not endorse and is not responsible for any statement, opinion or advice made in user contributions. The contributor is solely liable in any legal action resulting from material posted to bermudasun.bm and will keep indemnified and hold harmless The Bermuda Sun and its publishers from any legal liability arising out of material posted to bermudasun.bm .

    3. In posting comments on the contributions of others, you agree not to harass other participants.

    4. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.

    5. You may not post information or links that are obscene or pornographic.

    6. You may not contribute information, pictures or video that violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

    7. Content contributions solely focused on the promotion of commercial events or businesses are not permitted.

    8. You assert that the information, pictures and video you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant the Website and its proprietors an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. 

    9. You may not post material that risks prejudicing ongoing or forthcoming court proceedings or that violates any court order.

    User Content License

    For all User Content provided to or placed on the Website, you grant the proprietor, its parents, affiliates and related entities, including without limitation, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from the User Content, in any form, media, software or technology of any kind now existing or developed in the future.  Without limiting the generality of the previous sentence, you authorize the Website to share the User Content across all affiliated websites, newspapers, broadcasts, and other media platforms, to include the User Content in a searchable format accessible by users of the Website, to place advertisements in close proximity to such User Content, and to use your name and any other information in connection with its use of the material you provide.  You waive all rights with respect to any User Content you post or otherwise make available on the Website.  You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and/or User Content.  All rights in this paragraph are granted without the need for compensation of any sort to you. 

    By posting content or otherwise providing information on the Website, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Website and its parent, affiliates and related entities regarding the use of User Content, materials and/or ideas.

    User Content Removal

    You acknowledge that the Website and/or its designees shall have the right (but not the obligation), in their sole discretion, to move, remove, edit or block any User Content for any reason, including without limitation that such User Content violates the Terms and Conditions of Use or is otherwise objectionable.

    Discussion forums and user comments

    This web site does not endorse and is not responsible for any statement, opinion, advice given or made in user comments and discussion forums. Your use of the discussion forums is at your own risk.

    The Website reserves the right in its sole discretion and for any reason to delete, edit or redirect any information or other content posted to the Website (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in above policies. Further, we reserve the right to limit or terminate service to participants who violate the terms of this Agreement.

    In no event will we be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the discussion forums, or any information or services provided on this web site, even if we have been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published here.

    The Website reserves the right to enforce the policies outlined in this document, and reserves the right to move, edit or remove notes at its sole discretion and without explanation.

    Copyrights

    We retain full copyright ownership, rights and protection in all material contained on the Website, including but not limited to material submitted by community contributors.  Except as otherwise expressly provided in the Terms and Conditions of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on the Website.

    You may, however make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from the Website or the copyright owner of the copied material.

    None of the material contained on this site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without prior written consent.

    All rights reserved.

    If you believe that www.bermudasun.bm or any user of www.bermudasun.bm has infringed your copyright, please notify our website manager and identify the copyrighted work that you claim has been infringed. You will be required to provide your name, address, telephone number and e-mail address and make a written statement declaring that the information you provide to us is accurate and that you are authorized to act on behalf of the owner of the copyright.

    Privacy rights

    We take your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the Website or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on the Website are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

    You agree that we may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of the Website or its affiliates. Such disclosure may include, without limitation, personally identifiable information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

    International Users

    You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. The Website stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in Bermuda and other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services.

    Disclaimer of Warranties

    Neither the Website nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Website results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Website on behalf of the Website. We reserve the right to change or discontinue at any time any aspect or feature of the Website.

    We do not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. We reserve the right to change or discontinue any aspect or feature of the Web Site at any time.

    You acknowledge that, in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of the Website. Accordingly, we assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.

    WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR OUR SERVICES. 

    Limitation of Liability

    IN NO EVENT SHALL WE OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Indemnification

    You agree to defend, indemnify and hold harmless the Website, The Bermuda Sun and its officers, directors, employees and agents, content contributors, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate the Terms and Conditions of Use.

    Links/Advertisements

    The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement of the sites, but is for your reference and convenience only. We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Nor do we recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Website. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

    The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

    Unless otherwise prohibited under the Terms and Conditions of Use, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. We reserve the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

    Termination

    You agree that we may terminate your use of the Website, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions of Use, or violated the rights of the Website or any third party, or for any reason with or without notice to you. You agree that we may modify or discontinue the Website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.

    Survival

    The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

    Notice

    We may deliver notice to you under the Terms and Conditions of Use by means of electronic mail or a general notice on the Website.

    Governing Law

    This agreement is governed by Bermuda law.


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