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Terms & Conditions

This is an agreement between the Members of JAMAICA Eyes&Ears website and Mahon Innovative Enterprises LLC, operators of this website. This website is offered to you, the Member, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. Please note that you are entering a legally binding agreement.

Membership of Jamaica Eyes&Ears

When you become a Member of JAMAICA Eyes&Ears website, you warrant that you are at least 18 years of age and possess the legal authority to enter this agreement and to use this website in accordance with all terms and conditions herein.

By ticking the box next to “I have read and agreed to the Terms and Conditions of Jamaica Eyes&Ears", on the Member Join Page, and clicking the “Create Account” button, you accept and agree to the terms and conditions detailed on the website. Every time you access this service, you confirm your agreement to the Terms and Conditions. You must not use our website or services if you do not agree and accept these Terms and Conditions.

The Terms and Conditions are personal to you. You must not assign your rights or obligations to anyone. If any provisions in these Terms and Conditions are invalid or unenforceable under applicable law, such provision will be inapplicable, but the remaining provisions of this Agreement will continue in full force and effect.

You agree to indemnify and hold harmless the operators of this website, Mahon Innovative Enterprises LLC (hereinafter referred to as the "Company"), its officers, directors, employees, agents, affiliates and third parties, from any loss, claim or damage, including reasonable attorney’s fees, arising out of or resulting from your use of this website. This includes any violation of the Terms and Conditions of this agreement or any action arising from the content that you publish on this site that infringes the intellectual property rights (which include without limitation copyright, trade secrets, trademark or patent) of any third party or content or communication that denigrates, libels or invades the privacy of any third party.

Content

The Company gives the Member the possibility to publish contents such as indicative texts, pictures and videos, at various places on JAMAICA Eyes&Ears. This content shall be and remain the exclusive responsibility of the Member publishing it, who shall furthermore remain the only person responsible for it without any other responsibility of the Company.

The Member acknowledges and accepts that this information will not be published without prior control by the Company and that the Company has the right to delete any content (deemed inappropriate) published by the Member without previously informing the Member.

You alone are responsible for any content or information you enter on your profile and any communication with other Members. The Company is not the publisher and only provides the channel for Members to publish and/or distribute their personal information.

No responsibility is assumed by the Company for the publication of any member’s information, including pictures published by Members. While it is incumbent on the Member to decide on what information the Member wishes to make available to other Members or other Internet users, the Company reserves the rights to exercise editorial control over all materials published on this website, including profile and picture content.

The Company does not verify the accuracy or truth of any information published by Members. Be careful in dealing with other Members.

You may not publish offensive content; this includes content that contains offensive language, overtly sexually explicit content, threatening libelous, abusive, and harmful, bigoted, racially offensive, obscene or harassing. Further, you may not publish content that encourages behavior that may constitute a criminal offence, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation.

Photographs: Public Profile – You may not publish explicit photographs on your publicly viewable profile. We recommend that your upload a photo that would be included in your passport.

You may not publish content that directly or indirectly alludes to child photography or attempts to solicit communication with or on behalf of any person under the age of 18.

While the Company reserves the right to delete or remove, content deemed offensive by the Company, the Company does not guarantee that offensive material will be removed or deleted. Failure by the Company to remove or deleted offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.

You may not impersonate any other person or entity.

You may not publish in your profile any personal contact information with regard to; addresses, telephone numbers, instant messaging contact details. These types of personal contact information will be removed.

Account and Password Details

The Member is solely responsible for maintaining the confidentiality of their member name and password.

Copyrighted Materials

You may not post material belonging to a third party on the website without permission from them. This includes but is not limited to photographs, images and text.

Links To Third-Party Websites

This website may contain hyperlinks to websites operated by parties other than the Company. The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website. The linked websites are not under the control of the Company and the Company is not responsible for the content of any linked website or any link contained in a linked website, or any review, change or update to such websites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of the website or any information contained therein. When leaving Jamaica Eyes&Ears.com website, to access a linked website, you should be aware that the Company's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions and notices.

Harassment and Disputes

You may not harass any Member and agree to cease contacting any other Member who has requested you to cease.

The Company will not become involved in any disputes between Members and does not provide any arbitration or settlement services, should a dispute arise between Members.

You alone are responsible for ensuring that your interaction with other Members is lawful. The Company advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent.

The Company cannot control what happens between Members once they decide to meet in person or conduct business. However, should you encounter behavior that may be deemed harmful to other Members, you are requested to contact the Company with full details and we may, if deemed appropriate at the sole discretion of the Company warn, suspend or withdraw membership from the offending Member. Please note that the Company has no intent or interest in getting involved in "domestic" or private disputes between Members.

Member Communication

While you may exchange any information you wish in replies and subsequent messages to Members, you may not include personal phone numbers, addresses or other contact information in such exchanges and messages. The Company does not review or censor other message content, but it reserves the right to remove contact details, or any content deemed to cause offence from introductory messages.

You alone are responsible for ensuring that message content is appropriate. Further, you must ensure that you save any messages that you wish to keep since we cannot retrieve any messages deleted by you.

Content and Storage

The Company assumes no responsibility for the deletion of or failure to store your content, including profile details and photographs.

Member Privacy

The Company will not disclose any personal details supplied by Members that is not publicly displayed on the Member’s Profile; this includes the Member’s name, e-mail address and contact details, etc, without the Member’s prior written consent. Information will only be disclosed as necessary to comply with applicable laws or in legal authorities where such information is relevant as has been requested BY the appropriate authority.

Use of Bulletin Boards, Chat Rooms and Other Communications Forums

If this website contains bulletin boards, chat rooms, or other message or communication facilities (collectively referred to as “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that are uploaded.
  • Upload files that contain viruses corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that are uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by the Company or its affiliates, and such communications shall not be considered reviewed, screened, or approved by the Company, or its subsidiaries. The Company reserves the right for any reason to remove, without notice, any contents of the Forums received from users, including without limitation bulletin board postings. The Company reserves the right to deny, in its sole discretion, any user access to this website or any portion thereof without notice.

Premium Membership, Contributions and Cancellations

Premium Membership of this website entitles you to a considerable amount of economic benefits. Some of which are listed in the “Membership” section on the Home Page. We invite such Members to make contributions of US$59.99 (Gold Member) or US$39.99 (Silver Member) to gain full access to all the services on this website.

The Company may change the compensation pricing, renewal terms or Member services at any time. The Member may cancel their Membership at any time. The contribution is not transferable from one Member to another. Contributions are non-refundable.

The Company may suspend or terminate the Membership of any Member, who violates these Terms and Conditions.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL, IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE AND THAT THE COMPANY ACTS AS AGENT AND NOT PRINCIPAL IN RESPECT OF SUCH PRODUCTS AND SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS AND SERVICES DISTRIBUTED, OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY THE COMPANY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE WEBSITE.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NON-DELIVERY OF PRODUCTS AND SERVICES PURCHASED FROM COMPANIES LISTED ON JAMAICA EYES&EARS.COM. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH PRODUCTS AND SERVICES ARE NOT IN ANY WAY RELATED TO THE COMPANY AND THE COMPANY HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH PRODUCTS AND SERVICES.

THE COMPANY MAY PROVIDE PROMOTIONAL SERVICES FOR ADVERTISERS AND SERVICES PROVIDERS. THE COMPANY MAKES NO CLAIMS AS TO THE QUALITY, SAFETY OR LEGALITY OF ANY OF THE PRODUCTS AND SERVICES ADVERTISED. IT IS THE SOLE RESPONSIBILITY OF THE ADVERTISER OR THE SERVICE PROVIDER TO BE ELIGIBLE TO SUPPLY THE PRODUCTS AND SERVICES ADVERTISED AND THE SOLE RESPONSIBILITY OF THE USER TO PAY FOR THE PRODUCTS AND SERVICES.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING JAMAICA EYES&EARS.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE JAMAICA EYES&EARS OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modifications to Terms and Conditions

The Company may modify these Terms and Conditions from time to time in its sole discretion and/or to take account of new legislation, statutory instruments, Government Regulations, Licenses, similar matters and for any other reason. Any such variation shall be published on this website.

Termination

Notwithstanding any of these Terms and Conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your Membership to use this website, and to block or prevent future access to and use of this website.

Severability

If any provision of these Terms and Conditions is deemed to be unlawful, invalid, void or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. In the event any provision of these Terms and Conditions is struck out in such manner, the liability of the Company in respect of the website shall be excluded to the fullest extent permitted by law.