Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a Subscriber of the caribarts.org website. Use of the website constitutes acceptance of this agreement.

1. The Website
caribarts.org is an on-line, World Wide Web-based subscription and non-subscription website. This document will refer to this site as "the website".

2. Ownership of the Information, Materials and Software of the Website
2.1 You expressly acknowledge and agree that the website contains information, text, software, photos, graphics, video, music, sounds, data, databases, logos, button icons, images and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to caribarts.org or its licensors. Copyright © 2004 CARIBARTS INC. All rights reserved.
2.2 Areas may be provided on the website for users to post and exchange ideas and information. The views and opinions expressed therein do not necessarily reflect those of caribarts.org or its content providers or licensors. You hereby represent and warrant that you have all necessary rights in and to any materials you post on the site, and that such materials will not infringe on any personal or proprietary rights of any third parties. Further, you authorize caribarts.org to use and/or authorize others to use your postings in any manner, format or medium.
2.3 The website provides a personnel listings service. Personal information which you may submit to caribarts.org for use in the website’s personnel listings will be available for viewing by other users of the website.
2.4 By using the website, you are agreeing that caribarts.org may collect, use, sell, license and otherwise distribute demographic data about Subscribers in aggregated form (so that no Subscriber is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by caribarts.org.
2.5 The caribarts.org website requires the use of internet browser cookies to facilitate subscription processing, and to validate user role upon login. These cookies are session based and expire when the internet browser is shut down. caribarts.org does not share this information with third parties, nor does caribarts.org use it for any purpose other than facilitating the user experience.

3. Use of the Information and Materials of the Website
3.1 By entering this site you agree to not use, modify, copy, print, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, disseminate, distribute or sell any information, software, data, products or services, or any other material obtained from the entire site in any form, format or media or by means of any technology without obtaining the advance express written permission of caribarts.org and any other owner of the Intellectual Property rights in such Materials.
3.2 Your rights to use the site, your password and your subscriber ID are not transferable. Any password, subscriber ID or right given to you for use of site content or any service provided on the site cannot be transferred to any person or entity. Any attempted transfer by you shall be null and void, and may be grounds for the termination of all of your rights to access and use the site.
3.3 You are granted a limited, nonexclusive right to create a text-only hyperlink to this site provided such link does not portray caribarts.org or any of its or its vendors’ names, products or services, in a false, misleading, derogatory or otherwise defamatory manner. You may not use a caribarts.org logo or other proprietary graphic of caribarts.org to link to this site without the express advance written permission of caribarts.org. This limited right may be revoked at any time.
3.4 If you wish to request permission to reproduce Materials from the website, or if you have any questions about the proper way to include such notices, contact caribarts.org. See Section 13.
3.5 Caribarts.org respects the intellectual property of others. If you believe that any work owned by you has been copied onto or used on the site in a way that constitutes copyright infringement, please contact caribarts.org and provide the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or the party authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement can be made to caribarts.org as outlined in Section 13.
3.6 Nothing in this site will be construed as conferring upon any user of this site any licence to any of caribarts.org’s intellectual property rights or those of any third party.
3.7 Caribarts, caribarts news, caribarts Direct and the caribarts logo, are trademarks of caribarts Inc.. You agree that you will not copy, imitate or use any of these trademarks, in whole or in part, without the prior written permission of caribarts.org. You further agree that you will not (a) alter, delete or otherwise tamper with any copyright management information contained or associated with any site content, or (b) use, frame or utilize framing techniques to enclose or pop-up any caribarts.org site content, trademarks, service marks or logos without our express written consent, or (c) use any meta tags or any other “hidden text” utilizing any caribarts.org site content, trademarks, service marks or logos without our express written consent. You agree that any violation of this section by you will cause caribarts.org immediate and irreparable harm for which caribarts.org shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
3.8 Caribarts.org may make available for your use interactive message boards or discussion threads which permit you to post information or material for discussion purposes. You agree that you shall not upload to, or distribute or otherwise publish on the message boards or discussion threads or anywhere else on the site any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, including any material that violates any intellectual property laws. You agree that you will use the message boards or discussion threads only for non-commercial purposes. You shall not, without the express approval of caribarts.org, distribute or otherwise publish or transmit any material containing any solicitation of funds, advertising or solicitation for goods or services on any message board or discussion thread. You are solely responsible for the content of your messages. You agree to indemnify and hold caribarts.org and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from any material you contribute to message boards or discussion threads. However, while caribarts.org does not and cannot review every message posted by you on the message boards or discussion threads and caribarts.org is not responsible for the content of your messages, caribarts.org reserves the right to delete, move or edit messages that it believes in its sole discretion are abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You acknowledge that any submissions made by you to the site may be edited, removed, modified, published, transmitted, and displayed by caribarts.org, and you hereby waive any moral rights, publicity rights or other rights you may have in having the material used, altered or changed in a manner not agreeable to you. All message boards or discussion threads are intended as publicly available media, and you therefore should not have any expectation of privacy in connection with the posting or use of such fora, or any messages posted on such fora.
3.9 Caribarts.org may operate an interactive transaction service allowing access to third party merchant sites from which you may purchase certain goods or services. You understand that caribarts.org does not operate or control the products or services offered by third party merchants. Third party merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. Caribarts.org is not a party to the transactions entered into between you and third party merchants. All rules, policies (including privacy policies) and operating procedures of third party merchants will apply to you while on the merchants’ sites. caribarts.org is not responsible in any manner for and expressly disclaims any liability in connection with information provided by you to third party merchants and for transactions entered into by you with the third party merchants. Third party merchants and caribarts.org are unrelated, independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

4. This Agreement and Changes to It
4.1. In addition to being a part of the subscription form, this Agreement resides on-line at the website under the Terms of Use and Disclaimers link so that you may reference it at any time.
4.2. caribarts.org may change any of the terms in this Agreement at any time. Changes will become effective when caribarts.org posts the modified Agreement on the website. The Terms of Use and Disclaimers link will be flagged any time changes are posted. If you do not agree to the changes, you may cancel your subscription to the website in the way described in Section 8. Continued use of this website by you or any other subscriber under your license constitutes acceptance of the terms of the modified Agreement.
4.3. This Agreement is the entire agreement between caribarts.org and you with respect to the website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If caribarts.org waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or caribarts.org's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

5. Changes to Website
caribarts.org may change or discontinue any portion, feature or content of the website in its sole discretion at any time with or without notice to you. Likewise, caribarts.org may at any time, with or without notice to you, restrict the use and accessibility of the website or of any parts of the website as well as limit the duration and amount of use made of the website.

6. Subscription Rates, Other Charges, and Payment
6.1. caribarts.org may change the Subscription Rates it charges for use of the website or any of its services or products or add new Subscription Rates for parts of the website that were previously free at any time. Such changes shall be effective immediately with respect to new subscriptions and renewals.
6.2. Credit card transactions are required for the online purchase of some services and products offered on the website. Processors of credit card payments on the website are not responsible for any content on caribarts.org.
6.3 caribarts.org accepts paid advertisements on the website. Advertisers on the website are not responsible for any content on the website.

7. Your Other Responsibilities Concerning Subscription to the Website
7.1 By subscribing to the website under this Agreement, you certify to caribarts.org that (a) the information you have provided to caribarts.org in order to register as a Subscriber is complete, accurate and current, (b) you will notify caribarts.org within 15 days of any change in your Subscriber information and (c) that you will not share your User ID(s) and Password(s) except as expressly authorized under the terms of your licence. If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, caribarts.org has the right to suspend and/or terminate your subscription to the website.
7.2 You are responsible for all uses of the website through your User ID(s) and Password(s), whether the use is made by you personally or by someone else. You are responsible for protecting and securing your User ID(s) and Password(s) from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the website, such as the theft or unauthorized use of your User ID(s) and Password(s), you will notify caribarts.org immediately. See Section 13.
7.3 In using the caribarts.org site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked websites, (b) disrupt or interfere with any other user’s enjoyment of the site or affiliated or linked websites, (c) upload, post or otherwise transmit through or on the site any viruses or other harmful, disruptive or destructive files, (d) use or attempt to use another’s account, service or system, or create or use a false identity on this site, (e) transmit through or on this site spam, chain letters, junk mail or any other type of unsolicited mass email, or (f) attempt to obtain unauthorized access to the site or portions of the site that are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable laws and regulations that relate to your use of the site or your activities on the site.
7.4 You are responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which caribarts.org gives you notice. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the website and for any charges incurred for your own access to the website through an Internet access provider or other third party website.

8. Termination of Subscription or Access
8.1. If for any reason within the first 15 days of making an online purchase of a caribarts.org site subscription you are dissatisfied with the Website, you can request a full refund, whereupon your Subscription will terminate.
8.2. Subscription access to caribarts.org will terminate immediately and automatically upon your failure to pay for your Subscription or in the event that you breach any of the terms of this Agreement.
8.3. Your Subscription commences the day you submit the subscription form and runs for the specific term you purchased whether or not the website is used. Your obligations under this Agreement will exist until said term expires or the Subscription is terminated by you or caribarts.org.
8.4. You may terminate this Agreement and your rights to use the website at any time and without cause by notifying caribarts.org of your decision to terminate your Subscription. See Section 13.
8.5. caribarts.org may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of the website, or terminate this Agreement and thus your rights to use the website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that caribarts.org believes is a violation of this Agreement or for any other conduct or use that caribarts.org believes is harmful to other Subscribers, caribarts.org's content providers, or to the website or the interests of caribarts.org.

9. Your Remedies
Your sole and exclusive remedy with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) Subscription Cost or other charges for the use of the website, (c) access to, use of, or performance of the website, or (d) any Materials from or content accessible through the website, is to terminate your Subscription as provided for in Section 8.

10. Disclaimer of Warranties and Limitations of Liability
10.1. THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. CARIBARTS.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.2 THE SITE CONTENT MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CARIBARTS.ORG AND ITS AFFILIATES, INCLUDING ALL CONTENT PROVIDERS AND MERCHANTS, EXPRESSLY DISCLAIM AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER SITE CONTENT PROVIDED ON THE SITE. MOREOVER, NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, RECENCY, COMPLETENESS, ADEQUACY, RELIABILITY, SUITABILITY OR APPLICABILITY OF ANY SITE CONTENT TO A PARTICULAR SITUATION, OR AS TO THAT OF ANY THIRD PARTY WEBSITE. CARIBARTS.ORG MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
10.3 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CARIBARTS.ORG BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION, DATA OR MATERIAL OF ANY KIND, LITIGATION, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF CARIBARTS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMMES OR WEBSITES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CARIBARTS.ORG. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
10.4 If, notwithstanding the foregoing, caribarts.org were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of caribarts.org and the parties described in the next sentence (caribarts.org's "Related Parties") exceed, in the aggregate, $100.00. All of the provisions of this section are also for the benefit of caribarts.org's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the website, and each shall have the right to assert and enforce the provisions directly on their own behalf.
10.5 Where caribarts.org is a distributor, rather than a publisher, of Materials accessible through the website, caribarts.org exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of caribarts.org or its content providers or licensors. Neither caribarts.org nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
10.6 The site contains several links to other sites. Caribarts.org is providing these links merely as an accommodation to its users, and is not responsible for the content, accuracy, timeliness, activity, use of, privacy practices, conduct, or opinions expressed in such linked websites, and such websites are not investigated, monitored or checked for accuracy or completeness by caribarts.org. If you decide to leave the caribarts.org website and access any of these third party sites, you do so at your own risk.

11. Indemnification by You
11.1 By using the site, you represent, warrant and covenant (a) that no materials of any kind submitted by or through you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, intellectual property, privacy or other personal or proprietary rights; or (ii) contain libellous or otherwise unlawful material; and (b) that you will not engage on any part of the site in any other prohibited activity identified in this agreement.
11.2 You agree to fully defend, indemnify and hold harmless caribarts.org and all of its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, related to any violation of this Agreement by your use of the website, or in connection with the placement or transmission by you of any material on the website. You shall cooperate as fully as reasonably required in the defence of any such claims.

12. Compliance with Barbados Export Requirements
This Agreement and your use of the website are subject to any laws, regulations, orders or other restrictions on export from Barbados of certain materials and technical data which may be imposed from time to time by the Barbados Government. Therefore, you will not transfer, directly or indirectly, by electronic means or otherwise, any Materials or information contained therein, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the Barbados Government or any agency thereof requires an export licence or other governmental approval at the time of export without first obtaining such licence or approval.

13. Notices
caribarts.org may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by caribarts.org shall be effective on the date that caribarts.org makes a good faith effort to reach you. You shall give notice to caribarts.org as stated below. Notice by you shall be effective on the date that caribarts.org actually receives the notice.

Via e-mail:
admin@caribarts.org

Via mail:
caribarts.org
‘Autumn Leaves’,
Pleasant Hall Drive
Dayrells Road, Christ Church
Barbados

14. Miscellaneous
14.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and caribarts.org's rights and obligations, and any disputes or disagreements regarding the website will be governed by the laws of Barbados. Any and all actions, disputes or controversies relating to the Agreement or the website will be decided by the courts of Barbados located in Barbados, and you consent to the jurisdiction and venue of those courts and irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your Subscriber information.
14.2 This agreement constitutes the entire and only agreement between us and you regarding its subject matter, and supersedes all prior or contemporaneous agreements, representations and understandings with respect to the site, the content, goods and services provided by or through the site, payment for such goods and services, and the subject matter of this agreement.
14.3 You acknowledge that caribarts.org will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that caribarts.org shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the website.

Copyright © 2004 CARIBARTS INC. All rights reserved.