These Terms and Conditions apply to: KAYIFI, www.islandsinmotion.com, Islands in Motion, LLC., Islands in Motion SRL, Islands in Motion Jamaica Limited and KAYIFI. For the purposes of this Terms and Conditions Statement, unless otherwise noted, all references to “KAYIFI” and/or “KAYIFI websites” include KAYIFI, www.islandsinmotion.com, Islands in Motion, LLC., Islands in Motion SRL, and Islands in Motion Jamaica Limited. By using the KAYIFI website(s), you consent to the Terms and Conditions described in this statement.
AGREEMENT BETWEEN USER AND KAYIFI
Welcome to KAYIFI. The KAYIFI and www.islandsinmotion.com websites (the “Site”) are comprised of various web pages operated by KAYIFI and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of KAYIFI any of these websites constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Visiting KAYIFI or sending emails to KAYIFI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KAYIFI is not responsible for third party access to your account that results from theft or misappropriation of your account. KAYIFI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion, without prior notice.
KAYIFI does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use KAYIFI only with permission of a parent or guardian.
Upon receipt of your subscription plan and/or advertisement, you will receive an e-mail confirmation. If you have properties for entry according to the subscription plan purchased, we will begin processing your properties for data entry as the links for the properties are received by you and in a first come, first served basis. You will be notified at the completion of this process.
If you have a property that will be a “featured property” according to your subscription, we will publish the property you choose within 3 business days of receipt of your selection.
You may cancel your subscription or advertisement at any time, pursuant to the terms and conditions of your subscription. Any unpaid fees will be immediately due at the time of cancellation. Any refunds will be at our sole discretion and will be credited through the source in which you paid. Please contact us at email@example.com with any questions.
INTERNET TRANSACTION DISPUTE
In the event that you have a dispute from an internet transaction with KAYIFI, you must provide your contact name, mailing address, email address, telephone and fax number of the contact person and proof of your claim must be submitted. All of this information must be submitted to firstname.lastname@example.org
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
KAYIFI websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KAYIFI and KAYIFI is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KAYIFI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KAYIFI of the site or any association with its operators.
Certain services made available via KAYIFI websites are delivered by third party sites and organizations. By using any product, service or functionality originating from the KAYIFI domains, you hereby acknowledge and consent that KAYIFI may share such information and data with any third party with whom KAYIFI has a contractual relationship to provide the requested product, service or functionality on behalf of KAYIFI users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KAYIFI and Islands in Motion or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not (and will not attempt to) modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. KAYIFI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of KAYIFI and Islands in Motion and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KAYIFI or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including but not limited to e-mail addresses, without their consent; or violate any applicable laws or regulations.
KAYIFI has no obligation to monitor the Communication Services. However, KAYIFI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KAYIFI reserves the right to terminate your access to any or all of the Communication Services at any time and without notice, for any reason whatsoever.
KAYIFI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KAYIFI’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KAYIFI does not control or endorse the content, messages or information found in any Communication Service and, therefore, KAYIFI and Islands in Motion specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KAYIFI spokespersons, and their views do not necessarily reflect those of KAYIFI. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO KAYIFI OR POSTED ON ANY KAYIFI WEB PAGE
KAYIFI does not claim ownership of the materials you provide KAYIFI (including feedback and suggestions) or post, upload, input or submit to any KAYIFI Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting KAYIFI and Islands in Motion, as well as our affiliated companies and necessary sub-licensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. KAYIFI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KAYIFI’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You may be able to connect your KAYIFI or Islands in Motion account to third party accounts. By connecting your KAYIFI account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by KAYIFI and Islands in Motion from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KAYIFI Content accessed through KAYIFI any KAYIFI website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless KAYIFI, Islands in Motion, their officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KAYIFI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KAYIFI in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KAYIFI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. KAYIFI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KAYIFI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KAYIFI reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KAYIFI as a result of this agreement or use of the Site. KAYIFI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KAYIFI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, or information provided to or gathered by KAYIFI or Islands in Motion with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KAYIFI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KAYIFI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
KAYIFI reserves the right, in its sole discretion, to change the Terms under which any KAYIFI website is offered without notice. The most current version of the Terms will supersede all previous versions. KAYIFI encourages you to periodically review the Terms to stay informed of our updates.
KAYIFI welcomes your questions or comments regarding the Terms:
KAYIFI/ Islands in Motion LLC.
US Headquarters: 659 NE HWY 19 Unit #2, Crystal River, Fl 34429
KAYIFI/ Islands in Motion Jamaica Limited
Caribbean Headquarters: 669 Mahoe Ave Richmond development Priory, St Ann Jamaica (W.I)
Email Address: email@example.com
Telephone number: 1-844-386-4753
Effective as of April 01, 2017