LICENCE TO USE THE WEBSITE
Unless otherwise stated, Cornucopia and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
- republish material from the Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on, or available via, the Website; or
- redistribute material from the Website except for content specifically and expressly made available for redistribution.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Cornucopia’s express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without Cornucopia’s express written consent.
Access to certain areas of the Website is restricted. Cornucopia reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at Cornucopia’s discretion.
If Cornucopia provides you with, or allows you to select/create/generate, a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept secure and confidential at all times.
Cornucopia may disable your user ID and password in Cornucopia’s sole discretion without notice or explanation.
You grant to Cornucopia a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Cornucopia the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Cornucopia or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Cornucopia reserves the right to edit or remove any material submitted to the Website, or stored on Cornucopia’s servers, or hosted or published upon the Website.
The Website is provided “as is” without any representations or warranties, express or implied. Cornucopia makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing, Cornucopia does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or any other matter in respect of which it would ordinarily be prudent to defer to the opinion and advice of a suitably qualified third party, you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
Cornucopia will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Cornucopia has been expressly advised of the potential loss.
Nothing herein will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing herein will exclude or limit Cornucopia’s liability in respect of any:
- death or personal injury caused by Cornucopia’s negligence;
- fraud or fraudulent misrepresentation on the part of Cornucopia; or
- matter which it would be illegal or unlawful for Cornucopia to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Website, you agree that the exclusions and limitations of liability set out herein are reasonable.
If you do not think they are reasonable, you must not use the Website.
You accept that, as a limited liability entity, Cornucopia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cornucopia’s officers or employees in respect of any losses you suffer in connection with the Website, or its use.
Without prejudice to the foregoing paragraph, you agree that the warranties and limitations of liability set out herein will protect Cornucopia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cornucopia.
LAW AND JURISDICTION
The parties irrevocably agree that the courts of Bermuda will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).