Terms of Use

Welcome to www.caymanislands.ky (the “Website”) which is owned and operated by the Cayman Islands Department of Tourism (“we,” “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 permit you to post comments to a blog or otherwise share your thoughts or content in a public manner on the Website (“User Content”). You hereby grant CIDOT a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, 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 the individual authors of such materials, 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 defamatory, abusive, obscene, 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 or right of privacy;
  • 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 computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

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 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.

Errors and Inaccuracies

The information in 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 this 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 this 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, weather 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

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. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

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 at http://www.caymanislands.ky/legal/privacy.aspx.

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.

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 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 dollars ($10 USD).

Indemnification

You agree to defend, indemnify and hold us harmless and 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 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 this 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.

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: Davis & Gilbert LLP
1740 Broadway
New York, NY 10019
Tel:1-212-468-4912
Email: info@dglaw.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 without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access to the Website after such changes conclusively demonstrates your acceptance of those changes.

Contact Information

Should you have any questions, you may contact us at contact_us@caymanislands.ky.

Effective Date

These Terms of Use were last updated on March 26, 2015.