Terms and Conditions of Use
Welcome to The Miss Bahamas Universe Pageant website owned by Ivy Lane Ltd. and/or its affiliated entities. Ivy Lane Ltd. supports freedom of speech, both on and off the Internet. However, the goal of this website is to provide access to the widest selection of services to its users. To ensure a safe, nonoffensive environment for all of our users, we have established our Terms and Conditions of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of missuniverse-bahamas.com, users (Users) agree to be legally bound and to abide by the terms set forth below. Any references herein to Miss Bahamas or Miss Universe Bahamas shall be deemed to refer to missuniverse-bahamas.com and/or Ivy Lane Ltd, as applicable under the circumstances.
Miss Bahamas and Miss Universe Bahamas are service marks used pursuant to a license to Ivy Lane Ltd. or its affiliates, with all rights reserved. These and other missuniverse-bahamas.com graphics, logos and service marks and trademarks of Ivy Lane Ltd. and its affiliates or Miss Universe (IMG Universe, LLC) and its affiliates may not be used without prior written consent from the appropriate entity, as the case may be. All other trademarks, product names, and company names and logos appearing on missuniverse-bahamas.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that the use of missuniverse-bahamas.com is at User’s sole risk. Neither missuniverse-bahamas.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively Providers), or the like, warrant that missuniverse-bahamas.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of missuniverse-bahamas.com, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through missuniverse-bahamas.com.
THIS SITE IS PROVIDED BY MISSUNIVERSE-BAHAMAS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISSUNIVERSE-BAHAMAS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISSUNIVERSE-BAHAMAS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MISSUNIVERSE-BAHAMAS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MISSUNIVERSE-BAHAMAS.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ANY USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall missuniverse-bahamas.com or any other party involved in creating, producing, or distributing missuniverse-bahamas.com be liable for the use of or inability to use missuniverse-bahamas.com, including but not limited to reliance by User on any information obtained from missuniverse-bahamas.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to missuniverse-bahamas.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through missuniverse-bahamas.com. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or countries liability is limited to the fullest extent permitted by law.
A. PROPRIETARY RIGHTS
User acknowledges that missuniverse-bahamas.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted or copyrightable as a collective work under the U.S. copyright laws, and missuniverse-bahamas.com owns the copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
C. LICENSE OF YOUR CONTENT AND USE OF YOUR NAME AND LIKENESS
By providing your Content to missuniverse-bahamas.com, you retain your copyright in the Content. You do, however, grant missuniverse-bahamas.com the exclusive, perpetual, unlimited, royalty-free license and right to post, display, copy, sell and distribute your Content in any manner that missuniverse-bahamas.com sees fit, without obligation or liability to you. Missuniverse-bahamas.com reserves the right to excerpt your Content for use in marketing materials, and to make minor revisions to your Content for technical or editorial reasons. You waive any and all “moral rights” you may have in the Content. You grant these rights whether or not your Content or any part thereof is actually used by missuniverse-bahamas.com, and you understand and agree that you will not receive compensation of any kind for the use of your Content. You agree that no confidential relationship is intended and your Content is not being sent to missuniverse-bahamas.com in confidence. You also consent to missuniverse-bahamas.com’s use of your name and likeness and other identifying information as edited by missuniverse-bahamas.com in its sole discretion.
D. THIRD-PARTY CONTENT AND YOUR CONTENT
Missuniverse-bahamas.com is a distributor and not a publisher of Content supplied by third parties and Users for posting purposes. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Missuniverse-bahamas.com, are those of the respective authors or distributors and not of missuniverse-bahamas.com or its affiliates or any of their officers, directors, employees or agents. Neither missuniverse-bahamas.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of missuniverse-bahamas.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through missuniverse-bahamas.com represents the opinions and judgments of the respective Provider, or User not under contract with missuniverse-bahamas.com. Missuniverse-bahamas.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on missuniverse-bahamas.com by anyone other than authorized missuniverse-bahamas.com employees. Under no circumstances shall missuniverse-bahamas.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through missuniverse-bahamas.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through missuniverse-bahamas.com. If you register with this site, you agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide information that missuniverse-bahamas.com suspects is untrue or incomplete, missuniverse-bahamas.com may, in its sole discretion, suspend or terminate your access. If any passwords are necessary, it is your sole responsibility to maintain the confidentiality of your password and you are fully responsible for all activities using your password. Missuniverse-bahamas.com may send you alerts or information on topics once you are registered. You may elect to stop receiving such communications by sending an email to email@example.com. You may not restrict or interfere in any manner with any other user’s access to missuniverse-bahamas.com, and you may not engage in any disruptive activities including the use of viruses, bots, worms, or Trojan horses. You also may not impersonate any person or entity or post anything to missuniverse-bahamas.com that contains any such impersonation. You also may not use missuniverse-bahamas.com to collect personally identifying information about users of missuniverse-bahamas.com or to gain unauthorized access to other computer systems or networks.
E. MISS UNIVERSE PAGEANT WEBSITES
Missuniverse-bahamas.com may contain links to the websites of other pageants, including the Miss Universe pageant. These websites are run by independent parties and are not owned or controlled by Ivy Lane Ltd. Therefore, when accessing such websites, you agree that Ivy Lane Ltd. and its affiliates shall not be responsible for any content on such websites or the acts of other state or country pageants. You must separately comply with the terms, conditions or other rules on other websites and on the missuniverse.com website.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulation including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from missuniverse-bahamas.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use missuniverse-bahamas.com only for lawful purposes. User is prohibited from posting on or transmitting through missuniverse-bahamas.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If missuniverse-bahamas.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room or otherwise), missuniverse-bahamas.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from missuniverse-bahamas.com. Missuniverse-bahamas.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate missuniverse-bahamas.com; or (iii) to protect the rights or property of missuniverse-bahamas.com, its Users or Providers. Missuniverse-bahamas.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, missuniverse-bahamas.com, the contestants or Users that make up missuniverse-bahamas.com, or any rights of missuniverse-bahamas.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither missuniverse-bahamas.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither missuniverse-bahamas.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on missuniverse-bahamas.com.
You agree to defend, indemnify and hold harmless missuniverse-bahamas.com, its affiliates and related companies, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or from a) any materials posted by you which infringe any copyright, trademark, trade dress, patent or other intellectual property of any third party or that defames any person or entity or violates their rights of privacy, b) any misrepresentation by you in connection with your use of missuniverse-bahamas.com, c) any breach by you of any representations, warranties or these Terms and Conditions of Use, and d) any claims brought by persons or entities arising from or related to your access to this website or its services, or your uploading of Content.
VII. TERMINATION OF USAGE
Missuniverse-bahamas.com may terminate User’s access, or suspend User’s access to all or part of missuniverse-bahamas.com, without notice, for any conduct that missuniverse-bahamas.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or missuniverse-bahamas.com.
VIII. USAGE BY CHILDREN UNDER 13
Missuniverse-bahamas.com cannot prohibit minors from visiting this site. Missuniverse-bahamas.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Children under the age of 13 may not register with missuniverse-bahamas.com nor for any of its services. In addition, contestants must be at least 18 years of age. If, however, you have agreed to allow your minor child under the age of 18, or a child for whom you are a legal guardian (a “Minor”) to view and/or otherwise use the services of missuniverse-bahamas.com, you agree that you shall be solely responsible for (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of the services, and (c) the consequences of any use of missuniverse-bahamas.com by such Minor.
VIX. APPLICABLE LAW AND DISPUTE RESOLUTION
This site is created and controlled by missuniverse-bahamas.com in The Bahamas. As such, the laws of the Bahamas will govern the disclaimers and the terms and conditions, without giving effect to any principles of conflicts of laws. Missuniverse-bahamas.com reserves the right to make changes to its site and these disclaimers, and terms and conditions at any time, and User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the Bahamas for any litigation arising out of or relating to use of or purchase made through missuniverse-bahamas.com and agrees not to commence any litigation relating thereto except in such courts, waives any objection to the laying of venue of any such litigation in the courts of the Bahamas, and agrees not to plead or claim in any court of the Bahamas that such litigation brought therein has been brought in an inconvenient forum. Any controversy or claim arising out of or relating to these Terms and Conditions of Use shall be determined by mandatory confidential binding arbitration conducted in Nassau, The Bahamas and administered by the International Centre for Dispute Resolution (“ICDR”), the international arm of the American Arbitration Association, pursuant to its then-current International Arbitration Rules to the extent that such rules are not inconsistent with this Agreement. The number of arbitrators shall be three. The arbitration shall take place in Nassau, the Commonwealth of The Bahamas and shall be conducted in English. The arbitration shall be governed in all respects, including, without limitation, any issues relating to the breach, termination, or validity of these Terms and Conditions of Use or the scope of this arbitration clause, by the substantive law of the Commonwealth of The Bahamas without regard to conflicts of laws principles. The arbitration panel may award the prevailing party its costs and expenses, including its reasonable attorneys’ fees, its share of the costs, and the cost and expense of any expert witnesses.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
These Terms and Conditions of Use, including all documents referenced herein, represent the entire understanding between you and missuniverse-bahamas.com regarding your relationship with missuniverse-bahamas.com and supersede any prior statements or representations. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE by using the missuniverse-bahamas.com website. The aforementioned Terms and Conditions of Use are subject to change at any time without notice to you.