Terms of use Caribious Solutions Review Management

Caribious Solutions B.V provides a personalized subscription services that allows our members to manage their online reputation using the Caribious Solutions cloud based online portal which can be accesses via the following URL https://reviews.caribious.solutions/signin.
These Terms of Use govern your use of our service.

Please read this Agreement carefully before using our subscription service. By accessing or using any part of the login portal, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Caribious Solutions B.V, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.

• Third parties affiliation
  Caribious Solutions B.V provides a convenient location for businesses to manage their online reputation. In doing so, it provides links to and descriptions of numerous third-party review platforms such as Google, Facebook, and Yelp. Caribious Solutions B.V is not affiliated with or endorsed by any of these third parties, nor is it in a joint venture relationship or partnership with any of these third parties. Such third-parties are not associated in any way with the Caribious Solutions B.V Website or services. To the extent Caribious Solutions B.V uses any tradenames or trademarks associated with such third-parties, it does so solely to identify those companies and their services. Caribious Solutions B.V makes no claim as to ownership of such third-party trademarks.
• RestrictionsAccount page Caribious Solutions
  If you use the login portal provided by Caribious Solutions B.V, you are solely responsible for maintaining the security of your account and page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the page. You must not describe or assign keywords to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Caribious Solutions B.V may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Caribious Solutions B.V liability. You must immediately notify Caribious Solutions B.V of any unauthorized uses of your page, your account or any other breaches of security. Caribious Solutions B.V will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
• Responsibility of Contributors
  If you operate a page, comment on a page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
• • Your actions and the Content comply with the terms of service of any third party websites with which you interact; for example, many review sites such as Yelp and Google strictly limit or prohibit the practice of offering incentives to customers in exchange for reviews;
  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Your page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other pages and web sites, and similar unsolicited promotional methods;
  • Your page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Caribious Solutions B.V or otherwise.
•  By submitting Content to Caribious Solutions B.V for inclusion on your page, you grant Caribious Solutions B.V a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the operation and promotion of the Website. You also hereby expressly grant Caribious Solutions B.V a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your business name and related trademarks in connection with the operation and promotion of the Website. If you delete Content, Caribious Solutions B.V will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made unavailable.
  
  
• Without limiting any of those representations or warranties, Caribious Solutions B.V has the right (though not the obligation) to, in Caribious Solutions B.V’s sole discretion (i) refuse or remove any Content that, in Caribious Solutions B.V’s reasonable opinion, violates any Caribious Solutions B.V policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Caribious Solutions B.V’s sole discretion. Caribious Solutions B.V will have no obligation to provide a refund of any amounts previously paid. You agree to indemnify, defend, and hold harmless Caribious Solutions B.V, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of or related to your Content, including but not limited to your violation of this Agreement and/or any of the warranties contained herein. You further agree that Caribious Solutions B.V assumes no responsibility for your Content.

• Membership
  Your Caribious Solutions review membership will continue until terminated. To use the Caribious Solutions Review service you must have Internet access and provide us with one or more Payment Methods. “Payment Method” means a valid credit card for payment as may be updated from time to time, and which may include payment through our account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below). Payments will be charged on a pre-pay basis on the day you sign up for an Caribious Solutions review membership and will cover the use of that service for a monthly or annual subscription period as indicated.

• Billing cycle
  The membership fee for the Caribious Solutions Review service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date. Caribious Solutions B.V will send you a ‘Review Management’ sign up from where you can start you monthly subscription by clicking the ‘Start Membership. You will have to agree to Caribious Solutions terms of use and privacy statement. The amount you actually pay will be pro-rated from the 1st of the month. You will be charged the full amount on the 1st of every month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. 

• Payment method
  To use the Caribious Solutions review subscription you must provide the credit card details requested via the ‘Review Management’ sign up form to agree with Caribious Solutions terms of us. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. 

• Updating your payment method
  You can update your Payment Methods by requested a new credit card authorization form via support@caribious.solutions. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 

• Cancellations
  You can cancel your Caribious Solutions Review Management subscription at any time, and you will continue to have access to the Caribious Solutions service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods .To cancel please send an email to support@caribious.solutions. If you cancel your membership, your account will automatically close at the end of your current billing period.

• Changes subscription plans
  We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.

• Responsibility of Website Visitors.
  The Website may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) (“Third Party Materials”) that is owned and controlled by third parties such as Caribious Solutions B.V’s customers and third-party review platforms. Caribious Solutions B.V has not reviewed, and cannot review, all Third Party Materials. You acknowledge and agree that Caribious Solutions B.V is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Caribious Solutions B.V does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Caribious Solutions B.V disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted.

• Content Posted on Other Websites
  We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Caribious Solutions B.V links, and that link to Caribious Solutions B.V. Caribious Solutions B.V does not have any control over those non-Caribious Solutions B.V websites and webpages, and is not responsible for their contents or their use. By linking to a non-Caribious Solutions B.V website or webpage, Caribious Solutions B.V does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Caribious Solutions B.V disclaims any responsibility for any harm resulting from your use of non-Caribious Solutions B.V websites and webpages. Such websites and webpages may be subject to different Terms of Service and Privacy Policies than those that govern your use of the Website.

• Copyright Infringement and DMCA Policy
  As Caribious Solutions B.V asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Caribious Solutions B.V violates your copyright, you are encouraged to notify Caribious Solutions B.V in accordance with Caribious Solutions B.V’s Digital Millennium Copyright Act (“DMCA”) Notice. Caribious Solutions B.V will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Caribious Solutions B.V will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Caribious Solutions B.V or others. In the case of such termination, Caribious Solutions B.V will have no obligation to provide a refund of any amounts previously paid to Caribious Solutions B.V.

• Intellectual Property
  This Agreement does not transfer from Caribious Solutions B.V to you any Caribious Solutions B.V intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Caribious Solutions B.V. Caribious Solutions B.V, the Caribious Solutions B.V logo, and all other trademarks, service marks, graphics and logos used to identify Caribious Solutions B.V or the Website are trademarks or registered trademarks of Caribious Solutions B.V or Caribious Solutions B.V’s licensors. Other trademarks, service marks, graphics and logos used on the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Caribious Solutions B.V or third-party trademarks. All trademarks and trade names are the property of their respective owners. Caribious Solutions B.V reserves the right to remove any Content that breaches these terms.

• Advertisements
  Caribious Solutions B.V reserves the right to display advertisements on your page without any payment or any other consideration to you.

• Attribution
  Caribious Solutions B.V reserves the right to display attribution links such as ‘Powered by Caribious Solutions B.V,’ theme author, and font and image attribution in your page. Some footer credits, as determined by Caribious Solutions B.V at its sole discretion, may not be removed regardless of upgrades purchased.

• Domain Names
  If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities. Caribious Solutions B.V reserves the right to remove any domain or subdomain integration that breaches these terms, or the Intellectual Property terms put forth in section 8 of this document.

• Changes
  Caribious Solutions B.V reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Caribious Solutions B.V may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

• Termination
  Caribious Solutions B.V may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Caribious Solutions B.V account (if you have one), you may simply discontinue using the Website or contact Caribious Solutions B.V customer service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website. Termination will not limit any of Caribious Solutions B.V’s rights or remedies at law or in equity.
• Disclaimer of Warranties
  The Website is provided “as is”. Caribious Solutions B.V and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Caribious Solutions B.V nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
• Limitation of Liability
  To the fullest extent permitted by applicable law, in no event will caribious solutions b.v or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the website or the content for: (i) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; or (ii) direct damages in amounts that in the aggregate exceed the amount actually paid by you to caribious solutions b.v during the twelve (12) month period prior to the cause of action.
  
  The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or caribious solutions b.v was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

• General Representation and Warranty. You represent and warrant that (i) the Content and your use of the Website will be in strict accordance with the Caribious Solutions B.V Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Sint Maarten or the country in which you reside) and (ii) the Content and your use of the Website will not infringe or misappropriate the copyright, trademark, patent, privacy, publicity, or intellectual property rights of any third party.
  
  
• General Indemnification
  You agree to indemnify, defend, and hold harmless Caribious Solutions B.V, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of this Agreement and/or any of the warranties contained herein.

• Miscellaneous
  This Agreement constitutes the entire agreement between Caribious Solutions B.V and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Caribious Solutions B.V, or by the posting by Caribious Solutions B.V of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Sint Maarten. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sint Maarten, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Caribious Solutions B.V may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.