Welcome to www.caymanislands.ky (the “Website”) which is owned and operated by the Cayman Islands Department of Tourism (“we,” “our,” “us,” or “CIDOT”). By accessing or otherwise using the Website you are agreeing to be bound by these Terms of Use.
Please read these Terms of Use carefully before using the Website. If you do not accept these Terms of Use, then you may not access or otherwise use the Website.
Use of the Website
You may use the Website only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You may not use the Website for commercial purposes, such as to promote a product or service, without our prior written consent.
User Content
CIDOT may allow you to post comments to a blog or forum or otherwise share your thoughts or content (“User Content”) in a public manner on the Website. You hereby grant CIDOT a perpetual, irrevocable, non-exclusive, transferable, worldwide royalty-free license to use, copy, display, catalog, modify, edit, adapt, compile, translate, excerpt (in whole or in part), distribute or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. Such uses can include creating a compilation of comments, editing comments for any reason CIDOT deems appropriate or sharing those comments with third parties. We may also use your name or screen name associated with the User Content. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or post on the Website without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. CIDOT shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses, except where prohibited by law.
Many different parties may post blogs and other content to the Website. Such materials are the opinions of their individual authors and do not reflect the opinions or positions of CIDOT. CIDOT makes no warranties regarding such materials. CIDOT is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms of Use. CIDOT will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.
Unauthorized Use
You are solely responsible for the User Content that you post on the Website or transmit to other users and agree that you will not hold CIDOT responsible or liable for any User Content from other users that you access on the Website. Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users anything that:
- is false, inaccurate, or misleading;
- is defamatory, abusive, obscene, pornographic, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website) or violates any party’s right of publicity, right of privacy, or other proprietary rights;
- impersonates or attempts to impersonate CIDOT, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or unlawfully intercept any data or personal information;
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- establishes a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You understand that when using the Website, you will be exposed to User Content from a variety of sources and that CIDOT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
You may not use spiders, robots, data mining, scraping, or other extraction techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Website or any other user’s use of the Website. You may not resell use of, or access to, the Website to any third party.
You understand that your use of the Website is subject to all applicable local, Cayman Islands, and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: (a) you will not interfere with another member’s use of the Website; (b) you will not interfere with or disrupt the security measures of the Website; (c) you will not interfere with or disrupt networks connected to the Website, and will comply with all regulations, policies and procedures of such networks.
Errors and Inaccuracies
The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Translation Services
The Cayman Islands Department of Tourism provides translation options for certain pages of the Website through the use of Google Translate. Please be aware that no automated translation service is perfect and errors may occur. For example, not all text on this website may be correctly translated or translated at all. Accordingly, users of the Website assume all risk and responsibility for the content, quality, accuracy and completeness of the translation of all or part of this website. In no event will Cayman Islands Department of Tourism or the Cayman Islands Government be liable for any damages, losses, and/or other harm, whether direct, indirect, general, consequential, incidental, exemplary, and/or special, that may arise from the translation (and/or the use of any translation) of all or part of this website.
Termination
If CIDOT determines, in our sole discretion, that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms of Use or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to: (a) modify, refuse, or remove the User Content; (b) suspend or revoke the applicable user’s right to use any or all of the Website or Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating the applicable user’s registration. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. Please note, if we delete any information provided by you, it is deleted in a manner similar to emptying a recycling bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded as aggregate data.
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Website, at any time with or without notice and with or without cause.
Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy, available at https://www.visitcaymanislands.com/privacy-policy. Our Privacy Policy is incorporated by reference into these Terms of Use.
Links
The Website may contain links and/or embedded access to third party websites not owned or controlled by CIDOT. For example, the Website may contain an embedded window to access online booking services and/or links to travel, lodging, food and event planning websites. CIDOT provides these links solely as a convenience to you and not as an endorsement of the content of any third party sites. CIDOT is not responsible and accepts no liability for the content of linked/embedded third party sites, and makes no representations or warranties of any kind regarding the accuracy, reliability, completeness, or timeliness of any such third party site or the content made available on or through such a third party site. If you decide to access linked/embedded third party websites, you do so at your own risk. Your participation, correspondence, or business dealings with any third party found on or accessed through the Website, including without limitation with respect to any payment for or delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You should review such third party terms and conditions before entering into any transaction with any such third party.
Proprietary Rights
CIDOT or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of, circulate to any third party (including, without limitation, on or via a third party website), or otherwise use any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by CIDOT.
No Warranties; Limitation of Liability
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten U.S. dollars ($10.00 USD).
NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, CIDOT DOES NOT DISCLAIM ANY OBLIGATIONS OR LIABILITY UNDER ANY APPLICABLE STATUTES OR LAWS OR WAIVE ANY LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
Indemnification
You agree to defend, indemnify and hold harmless CIDOT, our officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by us or our violation of applicable law); (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject; or (v) any transactions between you and a third party through information available on the Website.
Governing Law
The laws of the Cayman Islands shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE CAYMAN ISLANDS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE. IF YOU ARE A USER ACCESSING THE SITE OR SERVICES FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM CAYMAN ISLANDS LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SERVICES, WHICH ARE GOVERNED BY CAYMAN ISLANDS LAW, THESE TERMS AND OUR PRIVACY POLICY, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE CAYMAN ISLANDS AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Any claims asserted by you in connection with the Website must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Website by third parties not within our control (such as User Content). We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted 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;
(iii) 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;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
All DMCA notices should be sent to our designated agent as follows:
CIDOT
Attn: Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
Tel:1-212-549-0446
Email: SMarcus@reedsmith.com
It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Changes
All information posted on the Website is subject to change, modification, addition, or deletion without notice. In addition, these Terms of Use may be changed at any time without prior notice, in our sole discretion. We will make such changes by posting them to the Website. You should check this page for such changes frequently. We will also indicate at the bottom of this page the dates of any revisions to these Terms of Use. Your continued access to the Website after such changes conclusively demonstrates your acceptance of those changes.
General
These Terms of Use, including the policies referred to above, constitute the entire agreement between you and CIDOT and govern your use of the Website and any related Services, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, sponsored services, third-party content or third-party software.
Contact Information
Should you have any questions about these Terms of Use, you may contact us via email at contact_us@caymanislands.ky.
Effective Date
These Terms of Use were last updated on 14 December 2017.