My-Bermuda-House Terms and Conditions

This Website is the property of My-Bermuda-House.com Limited (MBH), a company registered in Bermuda whose business office is situated at Suite 10, 2nd Floor Cedar Park Centre, 48 Cedar Avenue,, Hamilton, HM 11, Bermuda.

1. Basic Terms: These Terms of Service ("Terms") govern your access to and use of the services we provide, including our Website, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content"). Please read them carefully. You understand, agree and acknowledge that your access to and use of the Services are conditional upon your acceptance of and compliance with these Terms, which cannot be modified by you. By accessing or using the Services, you agree to be bound by these Terms, without limitation or qualification and that no signatures are required to implement the Terms or to make them binding on you.

2. Modification to the Terms: MBH reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. By using this Website after such modifications, alterations or updates, you agree to be bound by such revised Terms. In addition, MBH reserves the right to make improvements and/or changes in the Content of the Website at any time.

3. Modifications to the Services: MBH reserves the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. MBH 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 any such changes shall indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.

4. Content on the Services: All Content posted on the Website is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

4.1. All Content relating to Properties on the Website is based on information supplied by users and is believed to be correct when entered into our systems.

4.2. You understand that by using the Services you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are misleading or deceptive. Under no circumstances will MBH 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 Services or broadcast elsewhere. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

4.3. We have the right, but not the obligation, to monitor and review the Content on the Website provided through the Services 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. Without limiting the foregoing, MBH shall have the right to remove any Content that violates the Terms, that we believe may create liability for us, or that we deem otherwise objectionable without liability to you for any reason.

5. Your Password and Security: You are responsible for safeguarding the password that you use to access the 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. MBH cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

6. Privacy: Any information that you provide to MBH is subject to our Privacy Policy, which governs the protection and use of any personal information you may provide to us. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by MBH. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your MBH account, which you may not be able to opt-out from receiving.

7. MBH Rights: All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of MBH. The Services are protected by copyright, trademark, and other laws of Bermuda. Nothing in the Terms gives you a right to use the MBH name or any of the MBH trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MBH, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Your License To Use the Services: MBH gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MBH in the manner permitted by these Terms. We authorize the download of extracts from this Website for personal use only. No part of this Website, including but not limited to the Content, may be distributed or copied for any commercial purpose.

9. Your Rights: When you sign up for the Services:

9.1. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant MBH 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).

9.2. You agree that this license includes the right for MBH to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with MBH 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.

9.3. You agree that 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.

9.4. You are responsible for your use of the 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 our partners and if you do not have the right to submit Content for such use, it may subject you to liability. MBH will not be responsible or liable for any use of your Content by MBH in accordance with these Terms. 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.

10. Restrictions on Use of the Services:

10.1. 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.

10.2. You may not copy, reproduce or retransmit any part of this Website without our prior written approval. MBH 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.

11. Your Responsibilities: When you sign up for the Services:

11.1. 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.

11.2. You represent and warrant that you are the rightful owner of all Content that you submit to the Website, and that you grant MBH the right, license and privilege to use such information or data in any way we deem appropriate.

11.3. You represent and warrant in respect of all Properties that you list or advertise on the Website for sale or for rent that you have the full power and authority required to sell or rent said Property and that you are the beneficial owner of the Property; or the legal owner of the Property; or a duly appointed Real Estate Agent under a valid Listing Contract; or a duly appointed attorney of the Owner under a valid Power of Attorney.

11.4. You understand that 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.

11.5. 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.

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

11.6.1. violate any Bermuda or international law;

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

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

11.6.4. contact the Agent or Owner of a Property posted on the Website for any purpose other than to respond to the Content as a potential purchaser or renter;

11.6.5. contact the Agent or Owner of a Property posted on the Website with the intention of soliciting or obtaining a listing agreement for the sale or rental of the Property for reward, commission or other remuneration;

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

11.6.7. interfere with or disrupt the Services or servers or networks connected to the Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

11.6.8. 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.

12. Third Party Websites: The Services may contain links to third-party websites or resources. You acknowledge and agree that the MBH is not responsible or liable for:

12.1. the availability or accuracy of such websites or resources; or

12.2. 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 MBH 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.

13. Termination: The Terms will continue to apply until terminated by either you or MBH as follows:

13.1. You may end your legal agreement with MBH at any time for any reason by deleting your account and discontinuing your use of the Services. You do not need to specifically inform MBH when you stop using the Services. If you stop using the Services without deleting your account, your account may be deactivated due to prolonged inactivity under our Inactive Account Policy.

13.2. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

13.2.1. you have violated these Terms; or

13.2.2. you create risk or possible legal exposure for us; or

13.2.3. our provision of the Services to you is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. Nothing in this section shall affect MBH's rights to change, limit or stop the provision of the Services without prior notice, as provided above.

14. Disclaimers and Limitations of Liability: Please read this section carefully since it limits the liability of MBH and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "MBH Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law.

14.1. Availability of the Services: Your access to and use of the Services or any Content are at your own risk. You understand and agree that the 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, MBH disclaims all warranties and conditions, whether expressed or implied, of merchantability, fitness for a particular purpose or non-infringement. MBH makes no warranty and disclaims all responsibility and liability for:

14.1.1. the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;

14.1.2. any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;

14.1.3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services;

14.1.4. whether the 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 MBH or through the Services, will create any warranty not expressly made herein.

14.2. Specialist Advice: We cannot and do not offer any legal, financial, or other specialist advice. You must satisfy yourself as to the accuracy of any information or details provided through the Services. No officer, employee or agent of ours has any authority to make any representations or statements in relation to any Property. 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. We accept no liability for any defects in legal title or in the fabric or structure of any Property.

14.3. Limitation of Liability: To the maximum extent permitted by applicable law, MBH 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:

14.3.1. your access to or use of or inability to access or use the Services;

14.3.2. any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;

14.3.3. any Content obtained from the Services;

14.3.4. unauthorized access, use or alteration of your transmissions or content. In no event shall the aggregate liability of the MBH Entities exceed the greater of one hundred Bermudian dollars or the amount you paid MBH, if any, in the past six months for the Services giving rise to the claim. The limitation 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 MBH 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.

14.4. 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 the MBH Entities 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.

15. Indemnification: You agree to indemnify, defend and hold harmless the MBH Entities from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms.

16. Trademarks: The name My-Bermuda-House.com and its related logos, are registered trademarks of My-Bermuda-House.com Limited. They may not be used in conjunction with any product or service which is not offered by MBH, is likely to cause confusion among customers, or in any manner that disparages or discredits MBH. Any other trademarks not owned by MBH that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MBH.

17. Copyrights and Restrictions on Use: All Content on this Website is the property of MBH or its third party content suppliers and licensors and is protected by Bermuda and international copyright laws. All software used on this site is the property of MBH or its software suppliers and is protected by Bermuda and international copyright laws.

18. General Terms

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

18.2. The Terms and any action related thereto shall be governed by the laws of Bermuda. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Bermuda courts and and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

18.3. 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.

18.4. 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.

18.5. 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.

18.6. 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.

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