1.1 The Royal Gazette offers access to the web pages available at the royalgazette.com and provides a registered user with the ability to comment on information, including, but not limited to, text, photographs, graphics, video and audio content (the "Service").
1.2 The Service is available to the general public free of charge pursuant to these terms of service.
1.3 By using the royalgazette.com, and by registering for the Service, you agree to be bound by these Terms of Service. These Terms of Service may be modified by The Royal Gazette at any time without notice by posting revised terms on this Terms of Service page or any successor on the royalgazette.com and by your continued use of royalgazette.com, you agree to be bound by such changes. If you do not agree to these Terms of Service as in effect from time to time, you should not use the royalgazette.com Web site.
2.1 The Royal Gazette provides the registered users of royalgazette.com with the ability to comment on news stories. You must be over 18 to be a registered user and to comment on content posted on royalgazette.com.
3.1 You retain sole ownership of any comments, images, audio, video, suggestions or other communications or content you upload, transmit or otherwise submit through the Service ("User Content"). However, by contributing, you grant The Royal Gazette and its designees an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, distribute, reproduce and create derivative works based upon such User Content.
3.2 By submitting User Content, you are warranting that you are the sole author or that you have obtained all necessary permissions associated with copyrights, trademarks, rights of publicity and/or rights of privacy to submit such User Content and grant the foregoing rights.
3.3 User Content submitted to the Service is generally posted immediately and automatically. Given the nature of the Service, The Royal Gazette and its designees do not actively monitor and review all User Content posted or transmitted by users. As such, you are liable for the opinions you express and the accuracy of the information you provide in the Service area. However, The Royal Gazette reserves the right to remove any User Content it deems inappropriate, as well as suspend or ban the account under which it was transmitted.
4.2 The Royal Gazette reserves the right to share information with law enforcement officials or third parties in circumstances, including, but not limited to, when complying with legal action, preventing fraud or other crime or preventing imminent harm.
5.1 This Policy applies to all of the products, services and websites offered by The Royal Gazette Ltd. or its subsidiaries or affiliated companies (collectively, The Royal Gazette's "services").These services, (including, but not limited to text, content, photographs, video and audio) is protected by copyright as a collective work or compilation under Bermuda copyright and other laws.
5.2 You must abide by all additional copyright notices or restrictions contained in this Notice. No materials contained on this site, www.royalgazette.com or any other site offered by The Royal Gazette Ltd, or its subsidiaries or affiliated companies (collectively, "RG sites"), may be reproduced, distributed, transmitted, displayed, published, repurposed or broadcast without the prior written permission of The Royal Gazette, Ltd, or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download material from RG sites for your personal, noncommercial use.
5.3 The exception to the restrictions placed upon you by paragraph 5.2 are that you may create Web links to any URL on any Royal Gazette site, including articles but this does not include the right to frame Royal Gazette sites within your site or repurposing stories for your website.
5.4 Links to Web sites other than those owned by The Royal Gazette Limited, are offered as a service to readers. The editorial staff of The Royal Gazette was not involved in their production and is not responsible for their content.
5.5 Without limiting the generality of the foregoing, you may not distribute any part of this service over any network, including a local area network, nor sell nor offer it for sale.
5.6 In addition, files contained by the website may not be used to construct any kind of database.
6.1 The Royal Gazette text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. None of these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
6.2 The Royal Gazette will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
7.1 While this is a free exchange, The Royal Gazette and its designees reserve the right to end or suspend your use of the Service for any transmission of User Content or any other actions which The Royal Gazette determines, in its sole judgment, to be offensive, illegal, or might violate the rights, harm, or threaten the safety of others or otherwise violate these Terms of Service. The following is a partial list of the kind of User Content that is prohibited from transmission through the Service:
- The uploading, distribution, and publication on the comments section of any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
- Threats, personal attacks, harassment or advocating the harassment of another person.
- Solicitations or advertisements.
- Impersonating any person or entity or falsely misrepresenting your affiliation with any other person or entity.
- Behaviour invasive of another person's or entity's privacy.
- Promoting or providing information that you know to be false or misleading.
- Promoting or providing instructional information about illegal activities.
- Infringing any patent, copyright, trademark, service mark, trade secret or other proprietary right of any other party.
- Comments unrelated to the discussion or material in the Service area.
- Taking any action which disrupts the operation of the Service.
- You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
- You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
If you discover this kind of material on the Service, please notify us immediately at email@example.com.
- The Royal Gazette encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
- We will be aggressive in banning users who don't regularly post quality comments as well as those with a high percentage of deleted comments.
- We will delete all comments that direct name-calling and insults at other commentators.
- We will add words to our list of terms that call for automatic deletion of a comment.
- We will be more aggressive in our efforts to eliminate "trolling" - generally defined as posting comments that serve more to incite emotional responses and disrupt conversations.
- Advertisements/promotions, spam (including multiple posts that contain the same or similar content), off-topic content, plagiarism and/or copyrighted material.
- We are not responsible for nor support the views of the users of our services.
9.1 royalgazette.com and the service is provided on an "as is" basis and all express and implied warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.
9.2 The Royal Gazette does not guarantee continuous, uninterrupted or secure access to royalgazette.com or any portion of the Service, and operation of royalgazette.com and/or the Service may be interfered with by numerous factors outside of our control.
9.3 While The Royal Gazette intends to make every effort to ensure the accuracy of the information created and published by The Royal Gazette royalgazette.com, it cannot guaranty the complete accuracy of all information contained on royalgazette.com. In addition, The Royal Gazette does not necessarily support and has not necessarily verified any material displayed in the Service area and takes no responsibility for the content or opinions posted or otherwise expressed by users through the Service.
9.4 If you rely on any materials available through royalgazette.com (including the contributions in the Service area), you do so solely at your own risk and The Royal Gazette is not liable for any damages or harm attributable to such use or reliance. If you are dissatisfied with any portion of royalgazette.com or the Service, your sole and exclusive remedy is to discontinue using royalgazette.com and the Service.
9.5 You expressly understand and agree that neither The Royal Gazette nor its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors shall be liable (whether in an action arising from contract or tort) for indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use royalgazette.com and/or the service or any other matter relating to royalgazette.com and/or the service.
9.6 You agree to indemnify and hold harmless The Royal Gazette and its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.
9.7 We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.
10.1 These Terms of Service constitute the entire agreement between you and The Royal Gazette and govern your use of royalgazette.com and the Service. These Terms of Service and the relationship between you and The Royal Gazette are governed by the laws of Bermuda.
11.0 The use of The Royal Gazette Electronic Edition is subject to the terms and conditions set out in this Part and Part 1 & 3 where applicable.
12.1 The Royal Gazette Electronic Edition can be accessed only by subscription.
12.2 Access to content is granted to you either:
i. Through registration on the website and payment of the daily, monthly or annual subscription for the Electronic Edition through the website by credit card; or
ii. Through registration on the website and the entry of your name and address if you have a paper edition subscription.
12.3 Access is granted to you personally and you should not allow anyone else to use your electronic edition subscription (however accessed) nor should you otherwise facilitate the use of your Royal Gazette Electronic Edition by any third party.
13.1 Use of The Royal Gazette Electronic edition is only possible by ticking the box indicating that you accept the terms and conditions of service set out in this part. For the avoidance of doubt use of The Royal Gazette Electronic edition is on the basis of your acceptance of these terms of service.
14.1 The Royal Gazette shall use its best endeavors to provide a daily electronic edition of the Gazette.
14.2.The Service shall be provided for the initial period of your subscription and will be automatically renewed unless you deselect the automatic renewal box upon subscribing online.
15.1 In the event that access to content is interrupted or unavailable The Royal Gazette shall not be liable to you on any basis unless the interruption to your service is in excess of 24 hours.
15.2 Claims for loss of access in excess of 24 hours are limited to an amount equal to the daily rate of the paper subscription for the period where you cannot access the electronic edition due to problems within the control of The Royal Gazette.
15.3 Any such access liability is capped at an amount equal to the cost of your subscription period in which the lack of access occurs.
15.4 The Royal Gazette shall not otherwise be responsible for any loss and clauses 9.5 to 9.7 apply.
16.1 The Royal Gazette shall not be liable to you for any losses arising from third party misuse of personal information provided by you as part of your enrolment for subscription unless such loss resulted from the deliberate disclosure of the information by an employee of The Royal Gazette.
17.0 The terms and conditions set out below apply to the paper subscription services offered by The Royal Gazette.
18.1 Your Subscription delivery service entitles you to receive one copy per subscription of The Royal Gazette delivered to your chosen address (either a residential address or a work address) for the duration of your subscription.
18.2 Your subscription is personal to you and non-transferable. We are not obliged to deliver the paper to anyone else.
19.1 The subscription delivery service is available generally throughout Bermuda except where delivery is difficult due to geographic reasons such as island bound homes or where accessibility by newspaper carrier is deemed by us for whatever reason to present a high risk.
19.2 Ordinarily, service is available to you if you are a resident or have a work address within Bermuda and you are aged 18 and over.
20.1 We aim to deliver The Royal Gazette before 7:00 am (Monday to Saturday) at the mailbox of the address that you specify unless under special circumstances arrangements are made with the carrier for an alternate delivery place. Such an arrangement must be noted on the account file within the Circulation Department. Please note that if your newspapers are delivered to an internal mailroom or designated drop location within your building by 7:00 am, the actual time that you receive your newspapers from an internal delivery point is outside our control.
20.2 .If you have not received your newspaper by 7:00 am you can contact our customer services team (see details in section 31 below) to claim for an additional day's credit to be added onto the end of your existing subscription. Please inform us of any claim by 5:00 pm on the day that the problem occurred in order to get this credit.
21.1 If we accept your order for a subscription placed before 1:00 pm on a business day, your subscription will usually start on the second business day following the day that you place your order. If you place your order after 1:00 pm or on a day which is not a business day, your subscription will usually start on the third business day following the day that you place your order.
22.1 We require two days prior notice to be given of a required stoppage to allow us to notify your carrier of the change of service.
23.1 We typically use independent newspaper carriers, to assist in the provision and fulfillment of the subscription service on our behalf. We may pass your personal information provided by you to such third parties but only for the purposes of providing the subscription service to you.
24.1 You may place an order for a 3,6 or 12 month subscription by Internet or by telephone. Your order is treated by us as an offer to buy our papers. Nothing that we do or say will amount to any acceptance of that offer until:
a. if you subscribe by e-mail or Internet, we send you confirmation of your order by email; or
b. if you subscribe by telephone, we send you confirmation of your order by email or post.
c. If you subscribe personally at our office or by post we respond to your order in writing.
24.2 We reserve the right to refuse to accept any order for any subscription for any reason.
25.1 The minimum subscription period is three (3) months. The subscription shall be automatically renewed at the end of the initial subscription period unless you give us 7 days notice in writing that the subscription will not be renewed.
25.2 We reserve the right to withdraw or change any subscription and/or price at any time. This will not affect any subscription that you have already paid for, unless for some reason we are withdrawing a subscription due to our inability to fulfill that subscription, in which case the provisions of section 30 below will apply.
26.1 You agree to pay the total charges due for your subscription upon receipt of your invoice.
26.2 You may print out and complete the order form with your credit or debit card details and fax the form to us.
26.3 Alternatively you may:
a. Pay by credit or debit card by telephone;
b. Pay by cheque by bringing it together with an order form to the office.
27.1 Your subscription will be automatically renewed unless you give us notice under 25.1.
28.1 Once we have accepted your subscription and payment, your subscription cannot be cancelled until the end of the Minimum Subscription Period.
28.2 We will only offer a refund in the following circumstances: (a) we are unable to fulfill your subscription. If this is the case, you may obtain a proportionate refund for the unexpired part of your current subscription; (b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;
28.3 We may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you, or, in the case of a delivery subscription if you change your address for delivery to an address that is outside Bermuda or where we decide delivery is not available for reasons set out in paragraph 19.2.
29.1 We shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control.
29.2 We shall not be responsible for any failure to deliver your subscription if you have supplied us with an incorrect address for delivery.
30.1 Our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current subscription period (being in all cases a maximum of twelve (12) months).
31.1 .0 If you have a query or complaint about subscriptions, please contact us using any of the contact details below
The Royal Gazette Ltd
2 Par-la-Ville Road
Tel:295-5881 ex 172
32.1 The laws of Bermuda Apply to all parts of these terms and conditions and any dispute of any kind between you and The Royal Gazette arising or connected with the provision of services to you by The Royal Gazette.
32.2 Any dispute between the parties which cannot be resolved by customer services and internal dispute resolution procedures shall be subject to the exclusive jurisdiction of the Courts of Bermuda.