1. Acceptance of Terms
Welcome to the CAIPA Portal. This portal provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time as this page will be updated. In addition, when using this portal, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of Service
The CAIPA currently provides users with access to a rich collection of resources, including various communications tools, databases of information, collections of expressions, forums, and content through its website ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CAIPA ‘sites’ and features, shall be subject to this TOS.
You must be over 18 years of age to register as a member of the Service or to use the interactive features of this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms and Conditions.
3.2 Your obligations as a member
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
CAIPA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3.3 Member account, password, and security
You select a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.
You agree to: (a) immediately notify the Webmaster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
The CAIPAcannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the CAIPA, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service.
CAIPA has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will CAIPA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
5. OBLIGATION OF USER
You acknowledge that your use of the Service and the Website is solely at your own risk
You agree to not use the Service to:
• upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm other members in any way;
• impersonate any person or entity, including, but not limited to, CAIPA Secretariat Staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• to copy, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.
• for any purposes related to marketing without our express written consent.
You acknowledge that CAIPA may not pre-screen Content, but that its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CAIPA and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by or submitted to the CAIPA.
You acknowledge and agree that the CAIPA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or safety of CAIPA, our members and the public.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country/member state in which you reside.
7. Materials submitted or made available for inclusion on the service
CAIPA does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CAIPA the following worldwide, irrevocable, royalty free, and non-exclusive license, as applicable:
• With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action against CAIPA or a third party.
You must not submit any user content to the website that is or has been the subject of any threatened or actual legal proceeding or other similar complaint.
CAIPA reserves the right to edit or remove any material submitted to the website, or stored on the servers, or hosted or published upon the website.
Notwithstanding the rights under these terms and conditions in relation to user content, The CAIPAdo not undertake to monitor the submission of such content to, or the publication of such content on the website.
You agree to indemnify and hold CAIPA, and its affiliates, officers, agents, co-branders or other partners, and employees [indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by CAIPA to a third party in settlement of a claim or dispute on the advice of an Attorney-at-Law), incurred or suffered by CAIPA arising out of any breach by you of any provision of these terms of Service (or arising out of any claim that you breached and provision of these terms of Service),] harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CAIPA has no control over such sites and resources, you acknowledge and agree that the society is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that CAIPA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. General Information
These Terms of Service constitute the entire agreement between you and CAIPA, in relation to your use of the Service, and supersede all previous agreements between you and CAIPA in respect of your use of this Service.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and CAIPA shall be governed by the laws of Barbados.
The failure of CAIPA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court or other competent authority to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any unlawful/unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the other provisions of the TOS will remain in full force and effect.
By using this Service, you agree that CAIPA at its sole discretion, may require you to submit any disputes arising from the use of this Service, or these Terms of Service concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, to final and binding arbitration.
Notwithstanding these rules, however, such proceeding shall be governed by the laws of Barbados.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS shall be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
11. Modifications to Service
The CAIPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that the CAIPA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
CAIPA may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions.
You agree that the CAIPA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the CAIPA believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
The CAIPA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The CAIPA may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service.
Further, you agree that the CAIPA shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CAIPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• THE CAIPA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CAIPAOR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
• The CAIPA does not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
• To the maximum extent permitted by applicable law The CAIPA exclude all representations, warranties and conditions relating to this Service and the use of this Service (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purposes and/or the use of reasonable care and skill).
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CAIPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CAIPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) Fraud or fraudulent misrepresentation by you; or
(vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Any violation of the TOS must be reported to CAIPA promptly.