These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Seafire Residences Ltd. (“Seafire”) for the access to and use of this website, seafireresidencescayman.com, which includes text, media, documentation, pictures and other content (collectively, the “Website”). This Website is for informational purposes regarding the Residences at Seafire Resort + Spa, Seven Mile Beach, Grand Cayman, and any related properties (collectively, the “Seafire Property”).
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE AND PLEASE EXIT THE WEBSITE NOW.
1. Information You Provide
2. Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you, or (d) accessing the Website for the purpose of competing with Seafire or its affiliates.
By accessing the Website, you agree:
- You shall be solely responsible for all activity associated with any content you submit to Seafire via the Website, or by emailing Seafire, including at the following email address: [email protected]
- You shall not use the Website for any illegal or unauthorized purpose.
- You shall not transmit worms, viruses or any code of a destructive nature to Seafire or its Website Visitors.
- You shall not abuse, harass, threaten, harm or impersonate other Seafire Website Visitors, or employees of any Seafire Entities or any of its partners, at any time or for any reason.
- You shall have no right to access data or content of Seafire Website Visitors or other users of the Website, unless such access is authorized by Seafire.
- All content, information, and links presented on this Website are for informational purposes only.
- You may not make any purchases of or investments in real estate (including the Seafire Property) through the Website.
- You may only request information from Seafire through the Website by submitting the requested contact information.
- Regardless of whether prohibited by the law of the jurisdiction where you are located, nothing on the Website shall be construed as an offer to sell, or solicitation of offers to buy real estate or any interest in real estate and/or any securities to residents or citizens of any jurisdiction.
- All information on the Website is subject to change.
- Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.
- Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website. Furthermore, Seafire reserves the right to deactivate or suspend your use of the Website for any reason.
3. Intellectual Property Rights
The copyright and other intellectual property in the Website are owned by Seafire Resorts Ltd. and are used under license by Seafire. This includes the word “Seafire” and the symbol of the Seafire name, both of which are trademarks of Seafire Resorts Ltd. and used under license by Seafire. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Website for non-commercial use within your organization only. All other rights are reserved. You may print off pages of the Website strictly for personal use; however if you do so, you agree that you do not acquire any ownership rights in any of that material. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By submitting any information or posted data, text, links, video files, photos or any other content (“Content”) to Seafire via the Website or by email, you hereby grant Seafire a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display such information or Content when operating the Website and for Seafire’s internal business purposes. You represent and warrant that all information and Content that you provide to Seafire shall be your wholly original material (except for material that you are using with the permission of its owner and which you shall note as being used with such permission), and does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity. You acknowledge that Seafire is not responsible for any Content you provide and that Seafire may reject or delete such Content in Seafire’s sole discretion.
4. Third Party Websites
5. Disclaimers; Limitation of Liability
Seafire has established this Website to provide you with convenient access to company information. While Seafire has undertaken efforts to provide accurate information, it is not comprehensive and Seafire makes no commitment to update the information at any particular time. Information on the Website may also be changed at any time without notice. Information on the Website may also be approximate, for example the dimensions of the Seafire Property described in the Website or the date of expected completion or opening of the Seafire Property or the location of any Seafire Property. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. In addition, photographs or images of the Seafire Property may be computer-generated and may not be completely representative of the Seafire Property’s finished physical appearance. Any decisions you make based on information or image content contained in this Website are solely your responsibility. None of the content of the Website shall be construed as constituting an offer to sell any real estate or other real estate-related product or service and nothing shall be implied as creating any right, preference, option or other benefit with regard to any real estate described or any other product or service mentioned in the Website. Seafire cannot guarantee the security of the Website and makes no representations or warranties as to whether the Website is free of any viruses or other forms of data corruption. You choose to access and/or use the Website at your own risk.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SEAFIRE OR ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “SEAFIRE ENTITIES”) BE LIABLE TO YOU FOR ANY DEFICIENCY, ERROR, INACCURACY OR INTERRUPTION IN THE WEBSITE OR THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY SHALL BE TO REQUEST THAT SEAFIRE CORRECT THE MATTER OR, IF SEAFIRE FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SEAFIRE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE.
6. Controlling Law; Venue
These Terms and any action related to the access or use of the Website or services provided through the Website will be governed by the laws of the Cayman Islands without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the Cayman Islands and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
7. Entire Agreement; No Third Party Beneficiaries
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by Seafire of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Seafire may revise these Terms from time to time; the most current version will always be at seafireresidencescayman.com. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms.
Other than the Seafire Entities, no other person or company will be third party beneficiaries to the Terms.