Terms & Conditions

This Website is the property of My-Bermuda-House.com Limited (“My-Bermuda-House”), a company registered in Bermuda whose business office is situated at Suite 411, International Centre, 26 Bermudiana Road, Hamilton, HM 11, Bermuda.

My-Bermuda-House provides this Internet Website (the “Website”) and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use of the Services provided to you is exclusively governed by these Terms, which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms and to make them binding on you.

Definitions
In these Terms the following expressions have the following meanings respectively (that is to say)

1.1. Advertising Fee means the fee payable to us calculated in accordance with the terms of an Advertising Sales Plan or an Advertising Rental Plan.

1.2. Associate means any Close Relative of yourself, any body corporate or trust in which any of those persons has an interest, or any person funded in whole or in part by you or a Close Relative of yourself.

1.3. Buyer or Purchaser refers to a person who uses the Website to identify properties that he or she may wish to purchase.

1.4. Close Relative means any spouse, parent, brother, sister, child, common law spouse and co-habitee and also extends to mean in-laws and step family.

1.5. Commission means the real estate fee payable to us calculated in accordance with the terms of the relevant Advertising Sales or Rental Plan or Property Listing Agreement.

1.6. Completion means the completion of the sale and purchase or the time at which the Buyer is entitled to take possession, whichever may be the sooner, or the completion of the Rental Contract, as appropriate.

1.7. Introduction means conduct on the part of, or information provided by, My-Bermuda-House (whether by the Website, its sales-people or otherwise) which is the effective cause of a sale and purchase of real estate or the effective cause of the letting of real estate.

1.8. Listing Agent is the Real Estate Agent(s) appointed by a Seller or Landlord under a Listing Agreement to market the Property to a willing and able Buyer or Tenant.

1.9. Listing Price is the price at which the Property is offered for sale or rent.

1.10. Open Listing Realty Agreement is a listing agreement under which the Seller reserves the right to employ any number of real estate agents. The agents can act simultaneously and the seller is only obligated to pay a Commission to the agent who successfully produces a willing and able buyer.

1.11. Property means any property held on our database of properties from time to time.

1.12. Property Advertisement means the advertisement of any Property held on our database of properties under an Advertising Sales Plan or an Advertising Rental Plan.

1.13. Renter or Tenant refers to a person who uses the Website to identify properties that he or she may wish to rent.

1.14. Sellers or Vendors or Owners refers to users who list their properties for sale on the Website whether under an Advertising Plan or on a Sales Commission basis.

1.15. Sole Listing Realty Agreement is a listing agreement where a single agent is appointed as the Seller’s or Landlord's sole agent and is given sole authorisation to market the Property. The Listing Agent is entitled to the full Commission whether the property is sold or rented by the Agent or by the Seller directly.

1.16. Stamp Duty is a government charge on documents that transfer beneficial ownership in real property in Bermuda and when stamp duty is paid stamps are impressed physically on the document.

1.17. Terms means these terms and conditions.

1.18. we, us, our or the Agent refer to My-Bermuda-House.

1.19. Website means the website www.my-bermuda-house.com and all sub-pages, but not including any external links.

1.20. You refers to all users of the Website.
Modification to the Terms
My-Bermuda-House may change the Terms from time to time without prior notification to you. Each time you access the Website you will be governed by the Terms then in effect. Notification of such changes will be posted on the My-Bermuda-House Website. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms, which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
Modifications to the Services
My-Bermuda-House reserves the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
Services

4.1. We work with potential Buyers and Renters who wish to purchase or rent a property by:

4.1.1. providing access to a regularly updated database of properties for sale or rent in Bermuda for which we are the Listing Agent or which have been posted on our site by Sellers or Landlords under one of our Property Advertising Plans;

4.1.2. assisting in searching for a property that meets the Buyer’s or Tenant's requirements as specified to My-Bermuda-House;

4.1.3. informing potential Buyers or Tenants of any suitable properties held on our database of properties;

4.1.4. organising viewings of properties for which we are the Listing Agent; and

4.1.5. acting as intermediary between the Buyer/Tenant and the Seller/Landlord in respect of properties where My-Bermuda-House is the Listing Agent.

4.2 We work for Sellers and Landlords who wish to sell or lease their Property by entering into a Listing Agreement with My-Bermuda-House by:

4.2.1. working diligently to protect and promote the interests of the Owner in the sale of the Property throughout the term of the Listing Agreement. A Listing Agreement will terminate on either (a) the expiration date as stated in the Listing Agreement, or (b) the completion of the sale of the Property, whichever occurs first;

4.2.2. adding the Property to our database of properties for sale or rent in Bermuda;

4.2.3. marketing the Property as widely and effectively as possible including the preparation of a suite of online sales and rental tools and reports;

4.2.4. complying with the Owner's instructions and, in the absence of any such instructions, to act in such manner as would reasonably be considered beneficial to the Owner;

4.2.5. offering advice on improving the sale or rental prospects of the Property;

4.2.6. informing potential Buyers and Tenants of the addition of the Property to our database;

4.2.7. organising viewings of Properties with potential Buyers and Renters;

4.2.8. entering into co-broking arrangements with other real estate agencies unless otherwise directed;

4.2.9. relaying all bids for the Property to the Owner and representing the Owner's position to the Buyer or Tenant;

4.2.10. preparing a draft Sale & Purchase Agreement and facilitating its completion.

4.3. We provide and sell property advertising services on our property database to Sellers and Landlords who wish to advertise their properties on the My-Bermuda-House Website. Under a Property Advertising Plan, the Seller or Landlord uses the Services of My-Bermuda-House to market their property but retains the right and responsibility for selling or renting the property.

4.4. We may offer additional services, for which we will charge you an additional fee. Such services will be provided as an introducer and/or arranger and any contractual arrangements with any third party will be your sole responsibility.

4.5. We are a Bermuda-based company offering a service to assist the purchase, sale and rental of Bermuda properties. Our Services consist of listing, posting and displaying properties available for sale and rent in Bermuda and in identifying interested Buyers and Tenants and making arrangements to assist the conveyance and rental processes. We cannot and do not offer any legal, financial, or other specialist advice.

4.6. Details of Properties, valuations, reports and other information provided by us are prepared in good faith and are solely for guidance purposes. They do not form any part of any contract relating to the purchase or rental of any Property.

4.7. You must satisfy yourself as to the accuracy of any information or details provided by us. No officer, employee or agent of ours has any authority to make any representations or statements in relation to any Property.

4.8. We recommend that you take appropriate legal and other advice and use the services of attorneys, surveyors, appraisers and other specialists as appropriate. The Services provided by us are not intended as a substitute to obtaining such advice and you hereby acknowledge that we have recommended that you take such advice.

4.9. We accept no liability for any defects in legal title or in the fabric or structure of any Property.
Website Contents

5.1. All information and content relating to Properties on our Website is based on information supplied by our customers and is believed to be correct when entered into our systems. The prices advertised on our Website exclude all legal fees and stamp duty, which charges are usually, but not always, shared equally between the Purchaser and the Vendor as part of the transaction closing costs.

5.2. The material contained on this Website is owned by My-Bermuda-House. We authorise the download of extracts from this Website for personal use only and no part of this Website, including but not limited to photographs, property details, map references, brochures, virtual tours and floor plans, may be distributed or copied for any commercial purpose. You may not copy, reproduce or retransmit any part of this Website without our prior written approval. My-Bermuda-House will not accept responsibility for any loss that may arise from reliance on any of the information or documents contained on this Website or on any third party website, which has a link to or from this Website.
Your Password and Security
Users will be asked to register on the Website and will establish username and password credentials that allow access to the Services on our Secure Server. You are responsible for maintaining the confidentiality of your username and password and you are solely responsible for all activities that occur under your user identity. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. We cannot and will not be liable for any loss or damage arising from your failure to adequately safeguard your credentials or to otherwise comply with this section.
Privacy
As part of the registration process, you will be asked to provide certain personal information to us. You acknowledge, consent and agree that My-Bermuda-House may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of My-Bermuda-House, its directors, its officers, its employees, its users and the public. All use of such personal information will be in accordance with the provisions of our Privacy Policy.
Your Responsibilities

8.1. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your credentials, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services.

8.2. You agree not to use the Services to do any of the following:

8.2.1. violate any Bermuda or international law;

8.2.2. stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;

8.2.3. collect, harvest or store personal data about other users including email addresses;

8.2.4 contact Owners for any purpose other than to respond to the content posted by such Owners as a potential purchaser or renter of a Property or Properties;

8.2.5 contact Owners with the intention of soliciting or obtaining a listing agreement with such Owners for the sale or rental of Properties for reward, commission or other remuneration;

8.2.6. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

8.2.7. interfere with or disrupt the Services or servers or networks connected to the My-Bermuda-House Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the My-Bermuda-House Website;

8.2.8. upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening , abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (e) surveys that have not been approved or cleared by us; or (f) contests or games of chance.
Your Representations and Warranties

9.1. A Seller or Landlord who wishes to sell or rent a Property through My-Bermuda-House represents and warrants that he/she is:

9.1.1. the beneficial owner of the Property; or

9.1.2. the legal owner of the Property; or

9.1.3. the duly appointed attorney of the Owner under a valid Power of Attorney;

and that he/she has the full power and authority required to sell or rent the Property.
Your Responsibilities in respect of Property Advertising Plans

10.1. Any Seller or Landlord who registers for one of our Property Advertising Plans is responsible for paying subscription fees in accordance with the terms of the selected plan as posted on the Website.

10.2. Any Seller or Landlord who chooses a periodic Property Advertising Plan will be automatically charged a periodic rollover fee from the date the advertisement is placed until the customer cancels the advertisement. All fees shall be made by a charge to the Seller's or Landlord's credit card.

10.3. Any Seller or Landlord who chooses a non-Periodic Advertising Plan will be charged a one-time flat fee on the date the advertisement is placed. Payment for the one-time flat fee shall be made by a charge to the Owner's credit card.

10.4. All Sellers and Landlords understand and agree that they are responsible for correctly completing all online applications and forms necessary and applicable to their Property Advertising Plan prior to their advertisement becoming viewable on the property database.

10.5. Any Seller or Landlord can cancel their Property Advertisement by using the cancellation option provided on the Website. My-Bermuda-House will not refund fees for advertised properties that are sold or cancelled part way through an advertising period.

10.6.My-Bermuda-House may change the terms of any Property Advertising Plan from time to time without prior notification to you. Each time you access the Website you will be governed by the terms of the Property Advertising Plans then in effect. Notification of such changes will be posted on the My-Bermuda-House Website. If you object to any such changes, your sole recourse shall be to cease using the Property Advertising Plan. Continued use of the Property Advertising Plan following any such changes shall constitute your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.

10.7. Any Seller or Landlord who registers for a Property Advertising Plan is responsible for managing their sales or rental process. All inquiries from potential Buyers or Tenants, all viewings, all negotiations with potential Buyers or Tenants will be managed directly by the Seller/Landlord and/or his Associate or legal representative. My-Bermuda-House will be responsible solely for editing and posting property advertisements on our property database and for directing inquiries to the Seller or Landlord and will not be deemed responsible for any other aspect of the property transaction.

10.8. Any Seller or Landlord who registers for a Property Advertising Plan is responsible for notifying My-Bermuda-House of the sale or rent of the Property and for instructing us to remove the listing from the Website. My-Bermuda-House may charge the Seller or Landlord a surcharge not to exceed $50.00 for failure to notify us that the Property has sold or rented. Once a Property has sold or rented, My-Bermuda-House may, in its sole discretion, retain the Property on the Website for a period of up to sixty (60) days with a “sold” or "rented" status.
Your Responsibilities in respect of Property Listings

11.1. A Seller or Landlord wishing to retain My-Bermuda-House as a Listing Agent may enter into either a Sole Listing Realty Agreement or an Open Listing Realty Agreement. These agreements stipulate that the Owner has agreed to appoint My-Bermuda-House to act on his/her behalf and to market the Property to a willing and able Buyer or Tenant in accordance with the Terms.

11.2. An Owner who enters into a Sole Listing Realty Agreement agrees to appoint My-Bermuda-House as the sole agent authorized to market the property. The Owner will pay to My-Bermuda-House a Real Estate Commission, which will be stated in the Listing Agreement and payable in accordance with the terms of the Listing Agreement. Under a Sole Listing Realty Agreement, the Real Estate Commission is paid to My-Bermuda-House regardless of whether the Buyer or Tenant was introduced to the Property by any party (inclusive of the Owner) prior to the Expiration Date stated in the Listing Agreement.

11.3. A Seller or Landlord who enters into an Open Listing Realty Agreement agrees to appoint My-Bermuda-House as an agent authorised to market the property, but may also appoint other agents for the same purpose. If the Buyer or Tenant is introduced by My-Bermuda-House, the Owner will pay to My-Bermuda-House a Real Estate Commission as stated in the Listing Agreement and payable in accordance with the terms of the Listing Agreement.

11.4. All Owners understand and agree that they are responsible for correctly completing all online applications and forms necessary and applicable to their Listing Agreement prior to their Listing becoming viewable on the property database.

11.5. An Owner who enters into a Listing Agreement will allow the Agent(s) to market the Property during the Term and support the Agent’s efforts to sell the Property. In particular, the Owner will provide accurate and timely information about the Property and will allow potential Buyers or Tenants to view the property at reasonable times and at the Agent’s request.

11.6. Unless stipulated to the contrary, My-Bermuda-House assumes that a Property for sale is subject to existing tenancies.

11.7. The Owner acknowledges that in the event he/she elects to terminate a Property Listing Agreement prior to the Expiration Date stated in the Listing Agreement, My-Bermuda-House may, in its sole discretion, require the Owner to reimburse My-Bermuda-House for all reasonable marketing and administrative costs incurred by My-Bermuda-House.

11.8. In the case of a Property for sale, the Owner acknowledges that in the event he/she fails to complete the sale of the Property, My-Bermuda-House shall be entitled to be paid the full Commission provided always that if the Seller’s failure to complete the sale of the Property shallbe due to the failure to provide good title to the Property then the Agent shall not be entitled to the Commission.

11.9. In the case of a Property for sale, the Seller acknowledges that in the event that the Buyer fails to complete the purchase of the Property pursuant to a binding Sale and Purchase Agreement then My-Bermuda-House shall be entitled to be paid 50% of the deposit held pursuant to that agreement.

11.10. All Owners who enter into a Listing Agreement understand and agree that Real Estate Commission is payable to My-Bermuda-House if you or any Associate or any Close Relative enter into a contract to sell or rent a Property to a Buyer or Tenant introduced to you by My-Bermuda-House within six (6) months of any viewing of the Property on the Website or any other viewing or showing of such Property organised by us.

11.11. A Buyer who enters into a sale & purchase agreement for the purchase of a Property listed or advertised for sale on the Website within six (6) months of any viewing of the Property on the Website agrees that viewing such Property on the Website constitutes an Introduction of the Buyer to the Property and/or its Vendor.

11.12. A Vendor who enters into a sale & purchase agreement for the sale of a Property listed or advertised for sale on the Website within six (6) months of any viewing of the Property on the Website by the person purchasing the Property agrees that the purchaser viewing such Property on the Website constituted an Introduction of the purchaser to the Property and/or the Vendor.
Third Party Content
We are a distributor (and not a publisher) of content supplied by third parties and users of the Services (“Third Party Content”). Accordingly, we have no editorial control over such Third Party Content. Any opinions, advice, statements, services, offers, or other information or Third Party Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of My-Bermuda-House. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the My-Bermuda-House Website by such parties. By posting, inputting or otherwise submitting information to our Website, you are representing that you are the rightful owner of such information and are granting us the right, license and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the Third Party Content on the My-Bermuda-House Website and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Third Party Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Third Party Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Third Party Content that violates the Terms, that we believe may create liability for us, or that we deem otherwise objectionable.
Dealings with Partners and Advertisers
Your correspondence or business dealings with, participation in, promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). You agree that My-Bermuda-House shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such partners, advertisers or sponsors on or through the Services.
External Links
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s website administrator or webmaster. My-Bermuda-House shall not be liable for any information, software, or links found at any other website, Internet location, or source of information, or for your use of such information.
Use of the Services
We prohibit you from using the Services to promote your own website or any business, product or service whether through the sending of unsolicited email or otherwise, unless the same has been previously approved in writing by us. We reserve the right to investigate your use of the Services and terminate your rights under these Terms.
Use and Storage
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
Termination
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services. You may discontinue your participation in and access to the Services at any time.
Disclaimer of Warranties

18.1. You expressly agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Services.

18.2. We make no warranty that (a) the services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error free; (b) that results that may be obtained from the use of the Services will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the Services will meet your expectations; (d) defects in the services will be corrected; or (e) the My-Bermuda-House Website or the server that makes it available is free of viruses or other harmful components.

18.3. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or for loss of data that results from the download of such material and/or information.

18.4. We do not control in any respect any information, products or services offered by Third Parties, and we make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through or as a result of the Services.

18.5. No advice or information, whether oral or written, obtained by you from My-Bermuda-House or through or from the Services shall create any warranty not expressly made herein.
Limitation of Liability

19.1. You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will My-Bermuda-House or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to:

19.1.1. the use or the inability to use the Services;

19.1.2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;

19.1.3. unauthorized access to or alteration of your transmissions or data;

19.1.4. statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;

19.1.5. your failure to adequately safeguard your password or access to the Services;

19.1.6. any Content you access through the Services, including, but not limited to, any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;

19.1.7. termination of your access to or use of the Services as provided herein;

19.1.8. the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;

19.1.9. any modification, suspension or discontinuance of the Services (or any part thereof) or these Terms;

19.1.10. use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and

19.1.11. any other matter relating to the Services or these Terms.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend and hold harmless My-Bermuda-House, its parent, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the My-Bermuda-House Website or other Services.
Trademarks
Certain of the names, logos, and other materials displayed on the My-Bermuda-House Website and in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of My-Bermuda-House or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Copyrights and Restrictions on Use
The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by My-Bermuda-House or its licensors (the “Content”), is copyrighted by My-Bermuda-House and/or its licensors under Bermuda copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by My-Bermuda-House or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of My-Bermuda-House and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by My-Bermuda-House or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. My-Bermuda-House grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by My-Bermuda-House for use in accessing the Service.
License
You hereby grant to My-Bermuda-House and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect to the Content you provide to us to be published on the My-Bermuda-House Website or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper-linked pages or any other Content you do not submit to us.
General

25.1. The Terms constitute the entire and exclusive and final statement of the agreement between you and My-Bermuda-House with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and My-Bermuda-House with respect to the subject matter hereof.

25.2. The Terms and the relationship between you and My-Bermuda-House shall be governed by the laws of Bermuda, and the parties agree to submit to the exclusive jurisdiction of the Bermuda courts.

25.3. Service of Process in any such action may be effected either by certified mail, return receipt requested or by recognized private carrier where you or your authorized agent accept delivery of such service of process.

25.4. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Should we waive any of our rights (either under these Terms or in law) in respect of a breach of these Terms by you, such waiver will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms. No rights or remedies under these Terms or in law will be waived or released save by express written notice signed by a director of My-Bermuda-House.com Limited and making express reference to this clause 25.4.

25.5. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. Every provision is agreed to be severable from every other.

25.6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

25.7. The section titles in the Terms are for convenience only and have no legal or contractual effect.