Last Updated: April 21, 2010
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, BAHAMAS AND GETTY. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.
You acknowledge that the Website is subject to outages, slow downs or other interruptions. You further acknowledge that we or Getty are not responsible for any performance degradation, interruption or delays arising from any source. We will not be liable to you if the Website in unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
You are solely responsible for providing any hardware, systems and software programs you use to access the Website, and any associated fees, charges and expenses. For example, if you choose to access the Website through your personal computer, you are required to obtain at your own cost a compatible personal computer and an Internet access plan from a service provider.
Registration and Account Security
In order to gain access to the Website, you are required to register for a Website account ("Account"). If you register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Website. You acknowledge and agree that Bahamas will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Website. If Bahamas has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, or in the event Bahamas believes you are abusing your Account or using the Website in breach of these Terms, Bahamas may suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). You are responsible for all use of your Account under any user name or password (or login credentials) by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your user name and password.
All of the content featured, displayed or available on the Website, including, without limitation, data, documentation, text, audio, video, graphics, animation, drawings, icons, images, pictures, sounds, charts, photographs, software and trademarks (collectively, "Content"), is owned by Bahamas, Getty or their respective licensors and content providers. All elements of the Website, including, without limitation, the general design and Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website, Content and all related rights shall remain the exclusive property of Bahamas, Getty, or their respective licensors and content providers.
Nothing in these Terms grants to you any right to use any of Bahamas' trademarks, service marks, logos, domain names or other indicia of origin.
"Getty Images," and the Getty Images logo are trademarks of Getty Images and are registered or pending in certain countries. The Bahamas logo and "It's Better in the Bahamas" are trademarks of the Bahamas Ministry of Tourism.
Bahamas grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Website (including any Content) strictly in accordance with these Terms. Bahamas may terminate this license at any time for any reason. You may use the Website on one personal computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content or any portion thereof, without the consent of Bahamas, Getty and/or their respective licensors, as described below. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the Website.
You may only use the Website for lawful purposes. You understand and acknowledge that you may not use any Content (including, without limitation, any images or videos) without the prior consent of Bahamas, Getty and/or their respective licensors and content providers. Provided you have such consent, you may only use the Content for the specific purposes and in the manner described in the consent provided by Bahamas, Getty and/or their respective licensors and content providers.
You agree not to allow access to or use of the Website by any third parties that are not authorized users of the Website or for any unlawful purpose.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE SHALL BE USED SOLELY TO PROMOTE THE ISLANDS OF THE BAHAMAS. WITHOUT LIMITATION THREREOF, YOU SHALL NOT USE ANY CONTENT, IN ANY MANNER OR FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, PROMOTIONAL OR NON-PROMOTIONAL USE), IN CONNECTION WITH ANY OTHER COUNTRY, CITY, TOWN, ISLAND OR DESTINATION. YOU MAY NOT USE CONTENT IN A MANNER THAT COULD DISPARAGE BAHAMAS OR CAST BAHAMAS IN A NEGATIVE LIGHT, AS DETERMINED BY BAHAMAS. IN ADDITION, YOU MAY NOT USE CONTENT IN A MANNER THAT IS OR COULD BE DEEMED: LIBELOUS; DEFAMATORY; OBSCENE; ABUSIVE; PORNOGRAPHIC; THREATENING; ILLEGAL OR ADVOCATES ILLEGAL ACTIVITY; AN INVASION OF PRIVACY OR PUBLICITY; OR AN INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. YOU ACKNOWLEDGE THAT BAHAMAS RETAINS THE RIGHT TO PURSUE ANY WRONGFUL USE OF CONTENT, AS SET FORTH IN THESE TERMS OR AS DETERMINED IN BAHAMAS' SOLE DISCRETION, TO THE FULLEST EXTENT OF THE LAW.
In using or accessing the Website, you agree:
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
Modification of these Terms; Termination
If you do not agree with any of these Terms, please do not use the Website. Bahamas reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the "Last Updated" date above. Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Website, additional terms and conditions, rules, policies and disclaimers may apply. Bahamas may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, including the availability of any piece of Content or access to any part of the Website, at any time with or without notice to you. You agree that Bahamas shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You may terminate your use of the Website at any time. Bahamas may terminate your access to or use of the Website at any time for any reason with or without notice to you. Upon any termination of your use of the Website, you must promptly delete, destroy and discontinue use of all Content obtained through the Website, as well as any copies of the Content, in whatever form or media Content may be . Sections and any other provisions that by their nature should survive termination (including, without limitation, Disclaimers, Limitation of Liability and Indemnification) shall so survive any termination of your use of the Website. You agree that Bahamas shall not be liable to you for any termination of your use of or access to the Website.
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BAHAMAS AND GETTY MAKE NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, CONTENT; (E) THAT YOUR USE OF THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (F) THAT RIGHTS WERE CLEARED IN CONNECTION WITH CONTENT; OR (G) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
YOU ACKNOWLEDGE THAT YOU ALONE BEAR THE RISK OF USING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT HEREIN.
Limitation of Liability
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BAHAMAS, GETTY, EACH OF THEIR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "BAHAMAS PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A BAHAMAS PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C)ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR WEBSITE INTERRUPTIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE BAHAMAS PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE BAHAMAS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Third Party Websites, Contents or Resources
The Website includes links or direct connections to other websites, contents or resources made available to you from third parties. For example, the Website may provide direct links to clients or social networking services. You acknowledge that Bahamas and Getty have no control over any such third party websites, content or resources, which are made available by companies or persons other than Bahamas and Getty. You acknowledge and agree that Bahamas and Getty are not responsible for the availability of any such third party websites, content or resources. You further acknowledge that Bahamas and Getty are not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources.
The Website is controlled, operated and administered from the United States. Bahamas makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through the Website are illegal is prohibited. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
You may not use the Website or export the Content in violation of United States export laws and regulations. The Website and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of specially designated nationals or on the United States Commerce Department's Table of Deny Orders.
Bahamas will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.
The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
You agree that Bahamas may provide you with notices in connection with the Website by email, regular mail, or postings on the Website.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions
The Terms constitute the entire agreement between Bahamas and you with respect to your use of the Website. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
You agree to indemnify and hold harmless the Bahamas Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website (including, without limitation, use of any Content) or arising from your breach of these Terms, including any representation or warranty set forth herein.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of New York, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Website (or any portion herein), the proper jurisdiction and venue will be the state or federal courts residing in New York, New York. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.