Terms and Conditions
Your use of this website and the products and services offered and supplied via this website http://mycayman.condos/ (referred to collectively as the “Services” in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and My Cayman Condos (following as “MCC”). Use of MCC’s website includes accessing, browsing, or registering to use MCC’s website. Please read these terms and conditions carefully before you start to use MCC’s website, as these will apply to your use of MCC’s website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access MCC’s website or use any other of the Services. MCC recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.
Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which MCC’s website links to (including other services or websites operated by MCC), is subject to the legal terms which govern usage of those other services, and MCC has no responsibility whatsoever for such usage.
Accepting the Terms
The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. MCC reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with MCC; (b) you are not normally resident in the Cayman Islands or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of Cayman Islands or any other countries including the country in which you are resident or from which you use the Services.
Changes to the Terms
MCC reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that MCC may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.
You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use and not for reselling activities. You are responsible for all of your activity in connection with the Services.
Under the Terms you are prohibited from taking any action in relation to your use of the Services which:
• infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
• is false, misleading or inaccurate;
• is obscene, offensive, or unlawful in any way;
• constitutes spam, junk mail or advertising which has not been authorised in writing by MCC; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of MCC.
Additionally, you agree not to:
• engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
• access (or attempt to access) any of the Services by any means other than through the interface that is provided by MCC, unless you have been specifically allowed to do so in a separate agreement with MCC. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.
If you breach this provision, you may be committing a criminal offence. MCC will report any such breach to the relevant law enforcement authorities and MCC will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
MCC does not guarantee that any Content will be made available on or through the Services. MCC has no obligation to monitor the Services or content. However, MCC reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if MCC is concerned that you may have violated the Terms).
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
In order to use parts of the Services, you may be required to register with MCC and select a password and “user name”. You shall not:
• create or use as a user name the name of another person with the intention of impersonating that person;
• use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
• use as a user name a name which is offensive or inflammatory as deemed by MCC in its sole discretion.
MCC reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify MCC immediately by email to us.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
MCC reserves the right to refuse registration of or to cancel a user name in its sole discretion. You agree not to use another user’s account without such other user’s express permission.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. If you become aware of any unauthorized use of your password or of your account, you agree to notify MCC immediately in writing.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
Third party websites
The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that MCC is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that MCC provides links to certain third party websites does not in any way constitute endorsement of association with such websites by MCC. Furthermore, you acknowledge and agree that MCC shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to MCC (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MCC or by the owners of that Content, in a separate agreement.
MCC reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that MCC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MCC may suffer) by doing so. In particular, MCC will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.
Licence from MCC
MCC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by MCC as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by MCC, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from MCC.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MCC in writing.
Unless MCC has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.
Intellectual property rights
You agree to MCC (and others permitted by MCC to act on its behalf) doing the following in connection with the provision of the Services:
• using and performing the Services on your behalf (including but not limited to displaying, utilising and promoting the Content together with any other such information as is required in order for the Services to function effectively);
• allowing others to utilise the Content as part of the Services; and
• publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Fund Creators involved in your Active Projects.
You hereby agree to MCC using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.
MCC reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at our official email address. MCC will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.
When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and MCC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and MCC’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCC, ITS EMPLOYERS, EMPLOYEES, INVESTORS, PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
Limitation of Liability
YOU AGREE THAT MCC, ITS EMPLOYERS, EMPLOYEES, INVESTORS, PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.
The Terms, and your relationship with MCC under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by Cayman law. You and MCC agree that the courts of Cayman Islands shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that MCC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.