Sizzleisland: Terms of Service

The following terms (the “Terms of Service and Conditions of use of Sizzleisland.com”, also referred to as the “Website and/or Mobile Application”) govern your use of this Website and Mobile Application, and any content made available from or through this Website and/or Mobile Application, including any subdomains, products, software, data feeds and services provided to you on, from, or through the Sizzleisland Website and/or Mobile Application, you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Sizzleisland’s Privacy Policy, (3) Sizzleisland’s Legal Agreement: Contributors and Customers; and incorporated herein by reference, (4) Sizzleisland’s Community Guidelines. The Website and/or Mobile Application is made available by Sizzleisland (“Sizzleisland” or “we” or “us”). We may change the Terms of Service from time to time, at any time without notice to you, by posting such changes on the Website and/or Mobile Application. BY USING THE WEBSITE AND/OR MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE, Sizzleisland’s Privacy Policy, Sizzleisland’s Legal Agreement: Contributors and Customers; and the Sizzleisland Community Guidelines AS APPLIED TO YOUR USE OF THE WEBSITE AND/OR MOBILE APPLICATION. If you do not agree to this Terms of Service, you may not access or otherwise use the Website and/or Mobile Application.

PROPRIETARY RIGHTS

As between you and Sizzleisland, Sizzleisland owns, solely and exclusively, all rights, title and interest in and to this Website and/or Mobile Application, all the content (including, but not limited to, photographs, illustrations, graphics, other visuals, copy, text, software, titles etc.), code, data and materials thereon, the look and feel, design and organisation of this Website and/or Mobile Application, and the compilation of the content, code, data and materials on this Website and/or Mobile Application, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.

LIMITED LICENSE 

You may access and view the content on the Website and/or Mobile Application on your computer or other device.  Use of the Website and/or Mobile Application and the services offered on or through the Website and/or Mobile Application, are only for your personal, non-commercial use.

PROHIBITED USE

Any commercial or promotional distribution, publishing or exploitation of the Website and/or Mobile Application, or any content, code, data or materials on the Website and/or Mobile Application, is strictly prohibited unless you have received the express prior written permission from authorised personnel of Sizzleisland or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website and/or Mobile Application. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website and/or Mobile Application, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website and/or Mobile Application. If you make other use of the Website and/or Mobile Application, or the content, code, data or materials thereon or available through the Website and/or Mobile Application, except as otherwise provided above, you may violate copyright and other laws of the Republic of Trinidad and Tobago as well as applicable international laws and may be subject to liability for such unauthorised use.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website and/or Mobile Application or on content available through the Website and/or Mobile Application are registered and unregistered Trademarks of Sizzleisland and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Sizzleisland that appear on the Website and/or Mobile Application or on or through the Website and/or Mobile Application’s services, if any, are the property of their respective owners. Nothing contained on the Website and/or Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website and/or Mobile Application without the written permission of Sizzleisland or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website and/or Mobile Application or on or through any of the Website and/or Mobile Application’s services is strictly prohibited.

USER INFORMATION

In the course of your use of the Website and/or Mobile Application and/or the services made available on or through the Website and/or Mobile Application, you may be asked to provide certain personalised information to us (such information referred to hereinafter as “User Information”). Sizzleisland’s information collection and use policies with respect to the privacy of such User Information are set forth in the Website and/or Mobile Application’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit, nor do we wish to receive any confidential or secret information or other material from you through the Website and/or Mobile Application, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, but not limited to, video files) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Website and/or Mobile Application’s Privacy Policy and Sizzleisland’s Legal Agreement: Contributors and Customers. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

PROHIBITED USER CONDUCT

You warrant and agree that, while using the Website and/or Mobile Application and the various services and features offered on or through the Website and/or Mobile Application, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website and/or Mobile Application’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Sizzleisland or otherwise through the Website and/or Mobile Application), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorised access to other computer systems through the Website and/or Mobile Application. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website and/or Mobile Application or the services offered on or through the Website and/or Mobile Application, including without limitation any information residing on any server or database connected to the Website and/or Mobile Application or the services offered on or through the Website and/or Mobile Application; (ii) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (iii) use the Website and/or Mobile Application or the services made available on or through the Website and/or Mobile Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website and/or Mobile Application or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website and/or Mobile Application or the Website and/or Mobile Application’s services or features in violation of Sizzleisland’s or any third party’s intellectual property or other proprietary or legal rights; (v) upload viruses or other malicious code; (vi) post unauthorised commercial communications (such as spam) on Sizzleisland; (vii) you will not engage in unlawful multi-level marketing, for example pyramid schemes, on Sizzleisland; (viii) you will not solicit login information or access an account belonging to someone else; (ix) you will not bully, intimidate, or harass any user; (x) post content that: is hate speech, threatening, or pornographic; incites violence; or contains full nudity or graphic or gratuitous violence; (xi) develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions; (xii) use Sizzleisland to do anything unlawful, misleading, malicious, or discriminatory; (xiii) facilitate or encourage any violations of this Statement or our policies; or (xiv) use the Website and/or Mobile Application or the Website and/or Mobile Application’s services in violation of any applicable international law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and/or Mobile Application or the Website and/or Mobile Application’s services, or any content thereof, or make any unauthorised use thereof. You agree that you shall not use the Website and/or Mobile Application in any manner that could damage, disable, overburden, or impair the Website and/or Mobile Application or interfere with any other party’s use and enjoyment of the Website and/or Mobile Application or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website and/or Mobile Application.

PUBLIC FORUMS

Sizzleisland may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website and/or Mobile Application. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website and/or Mobile Application or any service or feature made available on or through the Website and/or Mobile Application, any materials which (i) restrict or inhibit any other user from using and enjoying the Website and/or Mobile Application or the Website and/or Mobile Application’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Sizzleisland.  You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

RIGHT TO MONITOR AND EDITORIAL CONTROL

Sizzleisland reserves the right to monitor and review all materials posted to the Website and/or Mobile Application or through the Website and/or Mobile Application’s services or features by users, and Sizzleisland is not responsible for any such materials posted by users. However, Sizzleisland reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Sizzleisland’s sole discretion are objectionable or in violation of this Terms of Use, Sizzleisland’s Legal Agreement: Contributors and Customers; Sizzleisland’s Privacy Policy, or applicable law. We may also impose limits on certain features of the Website and/or Mobile Application or restrict your access to part or all of the Website and/or Mobile Application without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of Service, Privacy Policy, Legal Agreement: Contributors and Customers, applicable law, or for any other reason without notice or liability.

LINKING TO THE WEBSITE AND/OR MOBILE APPLICATION 

You agree that if you include a link from any other Website and/or Mobile Application to the Sizzleisland Website and/or Mobile Application, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website and/or Mobile Application. You are not permitted to link directly to any image hosted on the Website and/or Mobile Application or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website and/or Mobile Application. You agree not to download or use images hosted on this Website and/or Mobile Application on another Website and/or Mobile Application, for any purpose, including, without limitation, posting such images on another Website and/or Mobile Application. You agree not to link from any other Website and/or Mobile Application to this Website and/or Mobile Application in any manner such that the Website and/or Mobile Application, or any page of the Website and/or Mobile Application, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law of the Republic of Trinidad and Tobago to insist that any link to the Website and/or Mobile Application be discontinued, and to revoke your right to link to the Website and/or Mobile Application from any other Website and/or Mobile Application at any time upon written notice to you.

INDEMNIFICATION

You agree to defend, indemnify and hold Sizzleisland and Sizzleisland’s and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website and/or Mobile Application, your placement or transmission of any message, content, information, software or other materials through the Website and/or Mobile Application, or your breach or violation of the law or of this Terms of Service, Sizzleisland’s Legal Agreement: Contributor and Customers and Sizzleisland’s Privacy Policy. Sizzleisland reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sizzleisland’s defense of such claim.

ORDERS FOR SERVICES 

We make certain services available to Customers of the Website and/or Mobile Application. If you sign up for any services, you hereby represent and warrant that you are 18 years old or older.  Persons under the age of 18 must use our service under the supervision of their parent or legal guardian.  You agree to pay in full the prices for any purchases you make concurrent with your online order or by other payment means acceptable to Sizzleisland. You agree to pay all applicable taxes. If payment is not received by us from your card issuer or its agents, you agree to pay all amounts due upon demand by us.

THIRD PARTY WEBSITES AND/OR MOBILE APPLICATIONS

You may be able to link from the Website and/or Mobile Application to third party Websites and/or Mobile Applications and third party Websites and/or Mobile Applications may link to the Website and/or Mobile Application (“Linked Websites and/or Mobile Applications”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Websites and/or Mobile Applications, even if they are owned or run by affiliates of ours. Links to Linked Websites and/or Mobile Applications do not constitute an endorsement or sponsorship by us of such Website and/or Mobile Application or the information, content, products, services, advertising, code or other materials presented on or through such Websites and/or Mobile Applications. The inclusion of any link to such Websites and/or Mobile Applications on our Website and/or Mobile Application does not imply Sizzleisland’s endorsement, sponsorship, or recommendation of that Website and/or Mobile Application. Sizzleisland disclaims any liability for links (1) from another Website and/or Mobile Application to this Website and/or Mobile Application and (2) to another Website and/or Mobile Application from this Website and/or Mobile Application. Sizzleisland cannot guarantee the standards of any Website and/or Mobile Application to which links are provided on this Website and/or Mobile Application nor shall Sizzleisland be held responsible for the contents of such Websites and/or Mobile Applications, or any subsequent links. Sizzleisland does not represent nor warrant that the contents of any third party Website and/or Mobile Application is accurate, compliant with national or international law, or compliant with copyright or other intellectual property laws. Sizzleisland is not responsible for any form of transmission received from any linked Website and/or Mobile Application. Any reliance on the contents of a third party Website and/or Mobile Application is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

COPYRIGHT AGENT 

We respect the intellectual property rights of others. It is required that the people who use the Website and/or Mobile Application, or the services or features made available on or through the Website and/or Mobile Application, do the same. By agreeing to these Terms of Service, you acknowledge, understand and agree that Sizzleisland will not be held liable for any copyright material which has been illegally uploaded and/or posted on this Website and/or Mobile Application or any of our affiliated Websites and/or Mobile Applications. You acknowledge and agree that you cannot submit any proprietary material which is not your own. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Sizzleisland’s administration team with the following information:

  • Your full name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

DISPUTES

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Sizzleisland exclusively in the Republic of Trinidad and Tobago’s Court of Law, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of Trinidad and Tobago will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on Sizzleisland, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, but not limited to, reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Sizzleisland and are not responsible for the content or information users transmit or share on Sizzleisland. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Sizzleisland. We are not responsible for the conduct, whether online or offline, of any user of Sizzleisland.

WE TRY TO KEEP SIZZLEISLAND UP AND RUNNING, BUG-FREE, AND SAFE, BUT YOU USE THE WEBSITE AND/OR MOBILE APPLICATION AT YOUR OWN RISK. WE ARE PROVIDING SIZZLEISLAND AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SIZZLEISLAND WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SIZZLEISLAND WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SIZZLEISLAND IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SIZZLEISLAND. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SIZZLEISLAND’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER FOR SUBMITTED (ARTISTIC) CONTENT

Sizzleisland strongly advises that you acknowledge and respect the Intellectual Property rights of others. You are hereby prohibited from submitting to Sizzleisland any copyrighted material which does not belong to you. Sizzleisland will not be held liable for any copyrighted material which has been illegally uploaded onto our Website and/or Mobile Application.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND/OR MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE AND/OR MOBILE APPLICATION, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE AND/OR MOBILE APPLICATION OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE AND/OR MOBILE APPLICATION WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE AND/OR MOBILE APPLICATION OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE AND/OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SIZZLEISLAND ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OR VIRUSES, THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE AND/OR MOBILE APPLICATION OR YOUR ACCESSING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE AND/OR MOBILE APPLICATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR MOBILE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR MOBILE APPLICATION.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE AND/OR MOBILE APPLICATION IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE(S) OR TO MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AND/OR MOBILE APPLICATION AT ANY TIME AND WITHOUT ANY PRIOR WARNING. SIZZLEISLAND NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE AND/OR MOBILE APPLICATION, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORISED SIZZLEISLAND EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE AND/OR MOBILE APPLICATION). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR MOBILE APPLICATION. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SIZZLEISLAND AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE AND/OR MOBILE APPLICATION, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS AND OTHERWISE ON THE WEBSITE AND/OR MOBILE APPLICATION OR IN CORRESPONDENCE WITH SIZZLEISLAND OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE AND/OR MOBILE APPLICATION ARE PROVIDED BY SIZZLEISLAND “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND SIZZLEISLAND OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SIZZLEISLAND, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR MOBILE APPLICATION OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE AND/OR MOBILE APPLICATION, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE AND/OR MOBILE APPLICATION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE AND/OR MOBILE APPLICATION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SIZZLEISLAND FOR YOUR USE OF THE WEBSITE AND/OR MOBILE APPLICATION OR PURCHASE OF PRODUCTS AND/OR SERVICES VIA THE WEBSITE AND/OR MOBILE APPLICATION.

PHOTOSENSITIVE SEIZURES 

Some people may experience seizures when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family have a history of seizures or epilepsy, you should immediately stop using the Website and/or Mobile Application and consult a doctor. Sizzleisland will not be held liable for any seizures, epilepsy or any medical conditions experienced while, or as a result of, using this Website and/or Mobile Application.

APPLICABLE LAWS 

We control and operate the Website and/or Mobile Application from our offices in the Republic of Trinidad and Tobago.  Persons who choose to access the Website and/or Mobile Application from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Service waive their respective rights to a trial by jury.

TERMINATION

Sizzleisland may terminate, change, suspend or discontinue any aspect of the Website and/or Mobile Application or the Website and/or Mobile Application’s services at any time. Sizzleisland may restrict, suspend or terminate your access to the Website and/or Mobile Application and/or its services if we believe you are in breach of our Terms of Service, Privacy Policy, Legal Agreement: Contributors and Customers, applicable law, or for any other reason without notice or liability. Sizzleisland maintains a policy that provides for the termination, in appropriate circumstances, of the service(s) provided by the Website and/or Mobile Application for users who are repeat infringers of intellectual property rights.

CHANGES TO TERMS OF USE 

Sizzleisland reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Service, in whole or in part, at any time. Changes in the Terms of Service will be effective when posted. Your continued use of the Website and/or Mobile Application and/or the services made available on or through the Website and/or Mobile Application after any changes to the Terms of Service are posted will be considered acceptance of those changes.

MISCELLANEOUS

The Terms of Service, and the relationship between you and us, shall be governed by the laws of the Republic of Trinidad and Tobago and International Law without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the Republic of Trinidad and Tobago. You agree to submit to the personal and exclusive jurisdiction of the courts located in Trinidad and Tobago. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

COMMUNITY GUIDELINES – SIZZLEISLAND.COM

  • Violence and Threats

Sizzleisland reserves the right to remove content and may escalate to law enforcement when we perceive a genuine risk of physical harm, or a direct threat to public safety. You may not credibly threaten others nor organise acts of real-world violence. Organisations with a record of terrorist or violent criminal activity are not allowed to maintain a presence on our Website and/or Mobile Application. Sizzleisland also forbids the promotion, planning or celebration of any of your actions if they have, or could, result in any form of harm to others, including theft and vandalism.

  • Bullying and Harassment

Sizzleisland does not tolerate bullying or harassment.

  • Hate Speech

Sizzleisland does not permit hate speech. We do not allow individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.

  • Self-Harm

Sizzleisland takes threats of self-harm very seriously. We remove any promotion or encouragement of self-mutilation, eating disorders or illicit drug abuse.

  • Graphic Content

Sizzleisland strictly prohibits the upload/posting of graphic content shared for sadistic effect or to celebrate or glorify violence. When people share any content, we expect that they will share in a responsible manner. For graphic videos, people should warn their audience about the nature of the content in the video so that their audience can make an informed choice about whether to watch it.

  • Nudity

Sizzleisland has a strict policy against the sharing of pornographic content and any explicitly sexual content.

  • Identity and Privacy

On Sizzleisland, our users/members are required to use their real names and identities. This Website and/or Mobile Application prohibits the publication of the personal information of others without their consent. Claiming to be another person, creating a false presence for an organisation, or creating multiple accounts undermines community and violates Sizzleisland’s Terms of Service.

  • Intellectual Property

Before sharing content on Sizzleisland, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights. Sizzleisland will not be held liable for any copyright material which is illegally posted and/or uploaded on this Website and/or Mobile Application.

  • Security, Phishing and Spam

Sizzleisland takes the safety of our members seriously and works to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, we ask that you respect our members by not contacting them for commercial purposes without their consent.

  • Reporting Abuse

If you observe anything on Sizzleisland that you believe violates our Terms of Service, we advise that you report it to us via contact@mysizzleisland.com. Please keep in mind that reporting any form of content does not guarantee that it will be removed from the Website and/or Mobile Application.

 

Updated: November 17, 2019.