Terms of Service
These Terms of Service govern your access to and use of the services of Sunset City Grenada, including our website, email notifications, applications (the “Sunset City Grenada Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Sunset City Grenada Services (collectively referred to as “Content”). Your access to and use of the Sunset City Grenada Services are conditioned on your acceptance of and compliance with these Terms of Service. By accessing or using the Sunset City Grenada Services you agree to be bound by these Terms of Service.
1. Basic Terms
You are responsible for your use of the Sunset City Grenada Services, for any Content you post to the Sunset City Grenada Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Sunset City Grenada Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms of Service.
You may use the Sunset City Grenada Services only if you can form a binding contract with Sunset City Grenada and are not a person barred from receiving services under the laws of the Grenada Carriacou and Petite Martinique or other applicable jurisdiction. If you are accepting these Terms of Service and using the Sunset City Grenada Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Sunset City Grenada Services only in compliance with these Terms of Service and all applicable local, national, and international laws, rules and regulations.
The Sunset City Grenada Services that Sunset City Grenada provides are always evolving and the form and nature of the Sunset City Grenada Services that Sunset City Grenada provides may change from time to time without prior notice to you. In addition, Sunset City Grenada may stop (permanently or temporarily) providing the Sunset City Grenada Services (or any features within the Sunset City Grenada Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Sunset City Grenada Services may include advertisements, which may be targeted to the Content or information on the Sunset City Grenada Services, queries made through the Sunset City Grenada Services, or other information. The types and extent of advertising by Sunset City Grenada on the Sunset City Grenada Services are subject to change. In consideration for Sunset City Grenada granting you access to and use of the Sunset City Grenada Services, you agree that Sunset City Grenada and its third party providers and partners may place such advertising on the Sunset City Grenada Services or in connection with the display of Content or information from the Sunset City Grenada Services whether submitted by you or others.
2. Privacy
Any information that you provide to Sunset City Grenada is subject to our Cookie Policy, which governs our collection and use of your information. You understand that through your use of the Sunset City Grenada Services you consent to the collection and use (as set forth in the Cookie Policy) of this information, including the transfer of this information to Grenada Carriacou and Petite Martinique and/or other countries for storage, processing and use by Sunset City Grenada. As part of providing you the Sunset City Grenada Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Sunset City Grenada Services and your Sunset City Grenada account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password that you use to access the Sunset City Grenada Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Sunset City Grenada cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Sunset City Grenada Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Sunset City Grenada may not monitor or control the Content posted via the Sunset City Grenada Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Sunset City Grenada Services or obtained by you through the Sunset City Grenada Services is at your own risk.
Sunset City Grenada does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Sunset City Grenada Services or endorse any opinions expressed via the Sunset City Grenada Services. You understand that by using the Sunset City Grenada Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been in mislabelled or are otherwise deceptive. Under no circumstances will Sunset City Grenada be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Sunset City Grenada Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Sunset City Grenada Services. By submitting, posting or displaying Content on or through the Sunset City Grenada Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Sunset City Grenada to provide, promote, and improve the Sunset City Grenada Services and to make Content submitted to or through the Sunset City Grenada Services available to other companies, organizations or individuals who partner with Sunset City Grenada for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Sunset City Grenada, or other companies, organizations or individuals who partner with Sunset City Grenada, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Sunset City Grenada Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Sunset City Grenada Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by Sunset City Grenada’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Sunset City Grenada will not be responsible or liable for any use of your Content by Sunset City Grenada in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Sunset City Grenada Services
Sunset City Grenada gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Sunset City Grenada as part of the Sunset City Grenada Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Sunset City Grenada Services as provided by Sunset City Grenada, in the manner permitted by these Terms of Service.
7. Sunset City Grenada Rights
All right, title, and interest in and to the Sunset City Grenada Services (excluding Content provided by users) are and will remain the exclusive property of Sunset City Grenada and its licensors. The Sunset City Grenada Services are protected by copyright, trademark, and other laws of Grenada Carriacou and Petite Martinique and foreign countries. Nothing in the Terms of Service gives you a right to use the Sunset City Grenada name or any of the Sunset City Grenada trademark, logo, domain name, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sunset City Grenada, or the Sunset City Grenada Services is entirely voluntary and Sunset City Grenada will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Sunset City Grenada Services
Sunset City Grenada reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Sunset City Grenada Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Sunset City Grenada, its users and the public.
You may not do any of the following while accessing or using the Sunset City Grenada Services: (i) access, tamper with, or use non-public areas of the Sunset City Grenada Services, Sunset City Grenada’s computer systems, or the technical delivery systems of Sunset City Grenada’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Sunset City Grenada Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Sunset City Grenada (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Sunset City Grenada (NOTE: crawling the Sunset City Grenada Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Sunset City Grenada Services without the prior consent of Sunset City Grenada is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Sunset City Grenada Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Sunset City Grenada Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Sunset City Grenada Services.
9. Copyright Policy
Sunset City Grenada respects the intellectual property rights of others and expects users of the Sunset City Grenada Services to do the same. Sunset City Grenada will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Sunset City Grenada. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Sunset City Grenada with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sunset City Grenada to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Sunset City Grenada reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Sunset City Grenada will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Sunset City Grenada Services is:
Sunset City Grenada. Attn: Copyright Agent, Coast Guard, St. Mark’s, Grenada W.I. Email: copyright@sunsetcity.gd
10. Ending These Terms
The Terms of Service will continue to apply until terminated by either you or Sunset City Grenada as follows.
You may end your legal agreement with Sunset City Grenada at any time for any reason by deactivating your accounts and discontinuing your use of the Sunset City Grenada Services. You do not need to specifically inform Sunset City Grenada when you stop using the Sunset City Grenada Services. If you stop using the Sunset City Grenada Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
Sunset City Grenada may suspend or terminate your accounts or cease providing you with all or part of the Sunset City Grenada Services at any time for any reason, including, but not limited to, if Sunset City Grenada reasonably believe: (i) you have violated these Terms of Service, (ii) you create risk or possible legal exposure for Sunset City Grenada; or (iii) Sunset City Grenada provision of the Sunset City Grenada Services to you is no longer commercially viable. Sunset City Grenada will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms of Service shall terminate, including, without limitation, your license to use the Sunset City Grenada Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and
12.
Nothing in this section shall affect Sunset City Grenada’s rights to change, limit or stop the provision of the Sunset City Grenada Services without prior notice, as provided above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Sunset City Grenada and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (“Sunset City Grenada Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Sunset City Grenada Services are Available “AS-IS”
Your access to and use of the Sunset City Grenada Services or any Content are at your own risk. You understand and agree that the Sunset City Grenada Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SUNSET CITY GRENADA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Sunset City Grenada Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Sunset City Grenada Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Sunset City Grenada Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Sunset City Grenada Services; and (iv) whether the Sunset City Grenada Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Sunset City Grenada Entities or through the Sunset City Grenada Services, will create any warranty not expressly made herein.
B. Links
The Sunset City Grenada Services may contain links to third-party websites or resources. You acknowledge and agree that the Sunset City Grenada Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Sunset City Grenada Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUNSET CITY GRENADA 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SUNSET CITY GRENADA SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SUNSET CITY GRENADA SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SUNSET CITY GRENADA SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SUNSET CITY GRENADA ENTITIES EXCEED THE GREATER OF ONE HUNDRED E.C. DOLLARS (E.C. $100.00) OR THE AMOUNT YOU PAID SUNSET CITY GRENADA, IF ANY, IN THE PAST SIX MONTHS FOR THE SUNSET CITY GRENADA SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SUNSET CITY GRENADA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Sunset City Grenada to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of Grenada Carriacou and Petite Martinique without regard to or application of its conflict of law provisions or country of residence. All claims, legal proceedings or litigation arising in connection with the Sunset City Grenada Services will be brought solely in the magistrate courts located in Victoria, St. Mark’s, Grenada W.I., and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a law enforcement officer, or local government entity in Grenada Carriacou and Petite Martinique using the Sunset City Grenada Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such Grenada Carriacou and Petite Martinique government entities, these Terms of Service and any action related thereto will be governed by the laws of Grenada Carriacou and Petite Martinique (without reference to conflict of laws) and, in the absence of Grenada Carriacou and Petite Martinique law and to the extent permitted under Grenada Carriacou and Petite Martinique law, the laws of St. Mark’s Grenada (excluding choice of law).
C. Entire Agreement
These Terms of Service, and Sunset City Grenada Cookie Policy are the entire and exclusive agreement between Sunset City Grenada and you regarding the Sunset City Grenada Services (excluding any services for which you have a separate agreement with Sunset City Grenada that is explicitly in addition or in place of these Terms of Service), and these Terms of Service supersede and replace any prior agreements between Sunset City Grenada and you regarding the Sunset City Grenada Services. Other than members of the group of businesses of which Sunset City Grenada is the parent, no other person or company will be third party beneficiaries to the Terms of Service.
We may revise these Terms of Service from time to time, the most current version will always be at sunsetcity.gd/tos. If the revision, in our sole discretion, is material we will notify you via a Sunset City Grenada update or e-mail to the email associated with your account. By continuing to access or use the Sunset City Grenada Services after those revisions become effective, you agree to be bound by the revised Terms of Service.
These Sunset City Grenada Services are operated and provided by Sunset City Grenada, Coast Guard, St. Mark’s Grenada W.I.. If you have any questions about these Terms of Service, please contact Sunset City Grenada.