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Terms of Use of the Bahamas Telecommunications Company Limited website & products

DESCRIPTION OF OUR SITE

Welcome to The Bahamas Telecommunications Company Limited (BTC). We provide users with access to a collection of on-line resources, which may include general and personalized content, communication tools, online directories, administrative services, purchasing services, download areas, games and information (all of which, together with this and other BTC Web sites through which they may be accessed or delivered, are collectively called our “Site”). We do this both through our Site and by linking to Web sites of companies with which we work as well as by linking to other sites we think may be useful to you or your business. Such sites may have their own terms of use or applicable policies. BTC has also contracted with certain third party suppliers to enable BTC to provide our Site to you. The term “BTC” (or “we”, “our” and “us”) includes all of the subsidiaries and affiliates of BTC, as well as their successors and assigns.

ACCEPTANCE OF TERMS

BTC provides our Site to you subject to these Terms of Use (“Terms”). By using our Site in any way you are agreeing to comply with these Terms, which we may update from time to time without notice. All amended Terms shall automatically be effective when they are initially posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Terms. These Terms govern the use of our Site by viewers and other users (visitors); if we have entered into a separate contract with a party for the insertion or other placement of content, advertising or other materials on any of our Sites (including but not limited to Yellow Pages listings), then the terms of such separate agreements will govern our relationship with such parties.

REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, BTC or its third party suppliers may suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify BTC of any unauthorized use of your password or account or any other breach of security. BTC will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.

BTC intends to take certain industry-accepted precautions from time to time to secure our Site or portions thereof, and some portions of the Site may be labeled as “secure” in accordance with industry practice in connection with the use of such precautions. However, you understand and agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, and that BTC makes no warranty, guarantee, or representation that use of our Site is protected from all viruses, security threats or other vulnerabilities.

PRIVACY POLICY; USE BY CHILDREN

Our Site is intended for use primarily by persons 18 years or older. We do not intentionally collect any personal, individually identifying information from children under the age of 13. Please view our comprehensive privacy policy relating to the collection and use of your information through or in connection with our Site. When you enter into transactions with or provide information to other companies providing content or services in connection with our Site, you will be subject to their privacy policies rather than ours.

CONTENT AND RELATED USER CONDUCT

You understand that you are responsible for any content that you post or transmit on or through our Site.

You agree to use our Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use our Site to distribute, link to, or solicit content that:

  • is harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
  • infringes someone else’s intellectual property or other rights;
  • advocates or solicits violence or criminal conduct;
  • specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or communications systems or equipment.

BTC does not generally pre-screen or control the content posted via our Site by third parties, and, therefore, does not guarantee the accuracy, integrity or quality of such content. BTC will not be liable in any way 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 or contained in e-mails or otherwise transmitted or displayed via our Site.

BTC shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via our Site. Without limiting the foregoing, BTC shall have the right to remove any content that violates these Terms or is otherwise objectionable.

BTC DISCRETION OVER USE, STORAGE, AND OPERATION OF OUR SITE

BTC may set limits regarding our Site and the use of any features or services associated with our Site, including (where applicable) limits on the duration or amount of storage of postings, e-mail and other user-provided content, or the number or size of messages to or from a user. We are not liable for the deletion, garbling or loss of messages, other communications, or other content maintained or transmitted by our Site.

We may change or terminate our Site or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of our Site and may remove any content from our Site without notice and for any reason, including lack of use or violation of these Terms. We reserve the right to log off accounts that are inactive for an extended period of time.

CONTENT PUBLICLY POSTED OR SUBMITTED TO BTC

Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post information that will be accessible by the public or the user population generally. With respect to all content you elect to post to such publicly accessible areas of our Site, while you retain any and all rights that may exist in such content, you grant BTC the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store and reproduce content that you have placed in publicly accessible areas of our Site. Any content you post to publicly accessible areas is not subject to our Privacy Policy.

Except for any personal, individually identifying information which we agree to keep confidential as provided in our Privacy Policy, any feedback, data, answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and nonproprietary, and not subject to our Privacy Policy. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

INDEMNITY

You agree to indemnify and hold BTC and its underlying content and service providers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, 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 or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with BTC or your use of our Site. BTC reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with BTC in asserting any available defenses.

SPECIAL LIMITATIONS ON USE OF OUR SITE

We grant to you a limited, non-exclusive, non-transferable, revocable license to use our Site only for the intended purposes of our Site. You may not sell, resell, or otherwise use or commercially exploit our Site other than by using it for its intended purposes. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BTC is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Site, for any purposes other than its intended purposes or other than as expressly permitted by these Terms.

You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate our Site or create derivative works based on our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.

Any license granted to you under these Terms for the use of any portion of our Site requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Site. BTC and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of BTC and its third party suppliers.

BTC provides our Site for use by persons located within The Commonwealth of The Bahamas. BTC makes no representation that materials or services described on our Site are appropriate or available for use in locations outside of The Commonwealth of The Bahamas. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws.

DEALINGS WITH ADVERTISERS AND SERVICE PROVIDERS; LINKS

Our Site may provide links to or information about other Web sites or resources. Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that BTC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of information about or links to such advertisers or service providers on our Site. You acknowledge and agree that BTC is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. Advertisements found on or through our Site, and references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information, do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. You acknowledge that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BTC 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, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. BTC MAKES NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BTC OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
  5. MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. BTC MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY; EXCLUSIVE REMEDY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BTC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (WHETHER OR NOT BTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE; (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 OUR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (v) ANY OTHER MATTER RELATING TO OUR SITE. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BTC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.

NOTICE

Notices to you, including notices of changes to these Terms, may, at BTC’s discretion, be made either by e-mail, regular mail or by displaying the notices or links to notices on our Site.

TRADEMARK, COPYRIGHT INFORMATION

The BTC name, the BTC logo, BTC slogans and other BTC logos and product and service names are trademarks of BTC Intellectual Property Corporation (the “BTC Marks”). You are not authorized to use any BTC name or mark as a hypertext link to any BTC Website or in any advertising, publicity or in any other commercial manner without the prior written consent of BTC. Registration and/or use of the BTC name, or a confusingly similar name, as part or all of a domain name by a third party is strictly prohibited.

You may use, copy and distribute the materials found on BTC Websites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on our Site that pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a right, title, interest or license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by BTC, its subsidiaries or any third party owner of such rights. All trademarks and service marks contained herein that are not BTC Marks are the trademarks of their respective owners.

GENERAL

These Terms govern, and constitute the entire agreement between you and BTC with respect to, your use of our Site. Additional or different terms and conditions may apply when you use other specific BTC services or the services of any third-party suppliers of content, software or services. The laws of The Commonwealth of the Bahamas govern this agreement and the relationship between you and BTC with respect to our Site. You agree to submit to the personal and exclusive jurisdiction of the courts located in The Commonwealth of the Bahamas for any claim or dispute arising from these Terms or the use of our Site. BTC’s failure to enforce any right under these Terms will not waive that right. You must file any claim or suit related to our Site within one year after it arises.

 

 

 

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