CNS Terms and Conditions
Cayman News Service Ltd (“CNS”) is licensed to operate under the Cayman Islands Trade and Business Law, 2014, Licence No. 33852.
This sets out the terms between CNS and each visitor who accesses our websites, their sub-directories and sub-domains. Our websites are: Cayman News Service, CNS Local Life, CNS Library, CNS Business
Your use of any CNS website means that you accept and agree to abide by these Terms and our Privacy and Cookies Policy. which is deemed to form part of these Terms. These Terms take effect from the date of your first use of any CNS website.
Terms and conditions of use
1. Use of material appearing on any CNS website
Your use of any CNS website is for your own personal and non-commercial use only. You acknowledge that, as between CNS and you, except for user content and advertisements (as discussed below), CNS is the sole owner of all content on any CNS website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on any CNS website (“CNS Content”).
You may download and print extracts from CNS Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any CNS Content for any other purpose without our prior written approval. Except as expressly authorised by CNS, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on any CNS website.
2. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the CNS Content. Nothing in the CNS Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the CNS Content or any part of it. You can access other sites via links from any CNS website. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning any CNS website or the CNS Content. In particular, we do not warrant that any CNS website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to CNS sites, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
3. Third party advertising on CNS websites
You will see advertising material submitted by third parties on CNS websites. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
4. User content
Users of our sites may be permitted to submit content for publication as commentary, see About CNS Viewpoints. Users can also comment on many of posts on CNS websites, which are moderated before publications, see the CNS Comment Policy. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to submit any content or comments to any CNS website.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to CNS.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on any CNS website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of CNS, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on any CNS website.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use any CNS website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any CNS website or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of any CNS website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use any CNS website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of any CNS website may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. CNS assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to any CNS website.
If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed in the first instance to info@caymannewsservice.com.
5. Data protection
To find out what personal data we collect and how we use it, please visit our Cayman News Service Privacy and Cookie Policy.
6. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on any CNS website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use any CNS website after it has been posted.
7. Indemnification
You agree to defend, indemnify, and hold harmless Cayman News Service Ltd. and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
8. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of CNS.
9. Additional disclaimers
Visitors to any CNS website agree that their use of any CNS website is at their own sole risk. CNS Content is provided “as is” and “as available,” without warranty of any kind, either expressed or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of any CNS website; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. CNS also makes no representations and warranties as to any linked sites and CNS has no liability or responsibility with respect to your use of such sites. In some instances, content made available on any CNS website may represent the opinions and judgments of providers or users, such as user content. CNS and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on any CNS website by anyone other than authorised CNS employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by any CNS website, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on any CNS website; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. CNS does not warrant or guarantee that access to any CNS website will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL CAYMAN NEWS SERVICE LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE ANY CNS WEBSITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ANY CNS WEBSITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF CNS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, CNS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING CNS’ LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
