BARBADOS WEEKLY

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Privacy Policy

This Privacy Policy explains what personal information Barbados Weekly and its associated companies and partners (“we”, “us”, or “our”) collect, use, share and otherwise process about individuals (“you”) interacting with our Offerings (“Information”).

 

Under the laws of some countries outside the European Economic Area, we may need your consent to our processing of your Information set forth in this Privacy Policy. Subject to any indications you may give us to the contrary, such as opting out or not opting in if asked, and where permitted by law, by providing Information or otherwise interacting with our Offerings, you consent to our use of Information in accordance with this Privacy Policy.

 

Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various Offerings such as those set out below: 

 

TABLE OF CONTENTS

 

SCOPE OF THIS PRIVACY POLICY 

 

THE INFORMATION WE COLLECT

 

HOW WE USE THE INFORMATION 

 

INFORMATION SHARING AND DISCLOSURE 

 

DATA RETENTION 

 

INDIVIDUAL RIGHTS REQUESTS 

 

COOKIES AND OTHER TECHNICAL INFORMATION 

 

INTERNATIONAL TRANSFER 

 

NOTIFICATION REGARDING UPDATES 

 

HOW TO CONTACT US 

 

COMPLAINTS 

 

SCOPE OF THIS PRIVACY POLICY

 

Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various Offerings such as those set out below: 

 Digital Services:

  • Our websites, including activities run through our websites, such as surveys, research studies, focus group tests, promotions, competitions and prize-draws, purchases within our services, calls to action for user-generated content (“UGC”) and subscribing for newsletters;
  • Mobile apps, including activities run through our apps, such as those listed for our websites;
  • Subscription services or other streaming services offered by us to consumers and services where you receive our audio-visual content through our websites, mobile apps and/or via a service provided by a third party, such as an internet service provider, pay TV platform or mobile phone operator;
  • Console games;
  • Our fan pages/channels/accounts on third party social networks (e.g. official pages on Facebook, Instagram, Twitter).

Offline Services:

  • Studio tours;
  • In-person activities;
  • Events you attend as a consumer or guest (as opposed to in a business capacity) such as film premieres, marketing and influencer events, focus group or user tests and private events held at our premises or studios under hire.

Please note that we may combine Information that we collect via one source (e.g. a website) with Information we collect via another source (e.g. a mobile app), including with Information possibly collected by a one of our companies or a third party (as further described below). Please also note our Offline Services may involve you interacting with our Digital Services and vice-versa, for example, where you book a studio tour or your participation to a marketing event through a one of our websites. Certain Offerings (for example, some branded theme parks, online stores, and in-app purchases) are not operated by us but by a third party licensee or the app store; any processing of your personal information by such a licensee or app store is not subject to this Privacy Policy, so please check carefully whether the relevant terms and conditions refer to additional companies.

THE INFORMATION WE COLLECT

We collect, use, share and otherwise process the following categories of Information:

1) Information we may collect from you:

 

  • Registration, account, and sign-up Information, including information about you when you register or sign up with us for one of our Offerings (e.g. name, username, password, email, contact details, date of birth or age, interest in our content, etc.) 
  • Information about your purchase of an Offering, including relevant payment information (e.g. credit card information). We may also process Information about trial periods, redemptions of rewards or promotions, periods without an active subscription, payment history and any missed payments.
  • Information about your use of, or participation in an Offering, including information about whether you have opened an email we have sent you, how you (including any account you use) interact with a Digital Service, content that you have viewed or posted, advertisements you have interacted with, games you have played and the level you reached, your preferences and interest in and use of various features, programs, services and content available on a Digital Service. This may also include demographic information, including at an individual or household level.
  • Information you provide when participating in consumer surveys, research studies or focus group tests, including online or written replies and where applicable the recording of your audio or video interviews.
  • Entries to promotions, competitions, prize-draws or calls to action, including images, videos and text.
  • Camera access, including where for some Digital Services, we ask for permission to access your device’s camera. If you grant permission, you may be able to take pictures or video within the app experience, to send them to us, or to access certain augmented reality (“AR”) features. Some of these features may rely on camera systems to track movements of your eyes and other facial features or your immediate surroundings to apply AR effects.
  • Sensitive data, including where you choose to share Information as part of one of our Offerings, or where you provide Information during one of our surveys or feedback sessions, including, where permitted by applicable law, information relating to your physical or mental health, race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, or your political beliefs. In some Offerings that include dynamic entertainment features, we may with your consent and in accordance with applicable law, collect information such as via facial scanning, eye tracking, or skin response that may be considered biometric.
  • Information about your social media engagement, including your interactions with our fan pages/channels/accounts in third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). This may include posts, your ‘likes’ and other user-generated content that you may provide, as well as details about yourself such as your name, user ID, profile photo, birthday, and, where you allow us to, lists of friends and people you follow. For information about how you can customise your privacy settings on Social Media Sites, and how those Social Media Sites handle your personal information and content, please refer to their privacy help guides, privacy policies, and terms of use.
  • Information shared on public or community forums, including where you share photos, letters, videos or comments, while participating in online forums. Depending on your privacy settings, this Information or content and your username may become public on the Internet or within a community of users. We cannot prevent further use of this Information once you share it in a publicly available or community forum. Please refer to the specific forum’s privacy policies for further information on how they handle your Information. 
  • Information about your location, including where it is derived from device information (such as an IP address or country code), your device’s interactions with our Digital Services, or, with your consent, Information about your device’s precise location (e.g. geolocation via mobile devices).
  • Event Information, including images and clips, whether captured via a booth or by other means by us or a third party on our behalf, and other Information relating to the organisation and management of an event, such as food allergies and other individual requirements. 
  • Technical/usage Information from your device, including the type of device, browser, unique device identifier, operating system, internet provider, mobile device identifier and/or mobile advertising identifier, connected device identifier (including that of a connected television), IP address, network attributes, television device and application attributes and settings, and other device or browser attributes and settings. 
  • Information about your customer queries, including when you contact us through one of our customer helpdesks, email addresses, customer service chat boxes, forms or ticketing systems, Social Media Sites and customer call-centres, where calls may be recorded. 

 

2) Information we may collect about you, from other sources, including friends:

Information from other sources

On occasion, we combine Information with other online information we receive, including usage information about your interactions with other websites and with online advertising and media. We also supplement or combine Information with Information from a variety of other sources or outside records, including third-party data providers that provide us with Information such as demographics, transaction and purchase history; Information about the content and advertisements you interact with. We may also receive Information about you from your friends who invite you to interact with any of our Digital Services. We may receive Information from third parties with which you have a subscription agreement that includes access to our content or services.

Information from friends

In certain situations, we may enable friends using our Offerings to provide Information about you. For example, someone can submit Information on our websites to invite you to participate in an Offering, make recommendations or share content through one of our apps, or have multiple players sharing the same game session. By processing these requests, we may receive your Information, including your name, contact details, or information about your interest in and use of our Offerings. 

 

HOW WE USE THE INFORMATION

We may use Information for the purposes described in this Privacy Policy, or as otherwise disclosed at the time of collection. Below, we explain our various purposes, any processing activities that we believe may need further explanation and, where necessary, the ‘lawful basis’ on which we rely to process your Information. 

Please note that while Information may be processed for more than one purpose (e.g. Information we obtain when Providing Our Offering may also be used for Improving and Developing Our Offering and/or for Marketing and Personalised Advertising), not all of the purposes or processing activities below will necessarily apply in every case. Our particular use of your Information will depend on the Offering you engage with and the manner in which you interact with us, including the permissions you give us (e.g. whether or not you consent to certain uses, such as direct marketing) and other controls you exercise regarding our processing of your Information (e.g. whether or not you choose to opt-out, where this is offered).

Providing Our Offerings

We may use your Information for the purpose of setting up your account with us, registering you for an Offering, enabling you to pay for it, providing the Offering, allowing you to participate in a promotion, competition, prize-draw or a call to action to submit UGC, or maintaining the Offering and resolving any issues. This may include enforcing applicable terms and conditions (e.g. for our subscription services, limitations on number of devices and displaying the right content based on location) and optimizing the delivery of the Offering to each specific device used to access it and to provide the “continue watching” feature on our subscription services.

In countries where our processing of Information requires a lawful basis, we rely upon the following:

We may use your Information for the purpose of setting up your account with us, registering you for an Offering, enabling you to pay for it, providing the Offering, allowing you to participate in a promotion, competition, prize-draw or a call to action to submit UGC, or maintaining the Offering and resolving any issues. This may include enforcing applicable terms and conditions (e.g. for our subscription services, limitations on number of devices and displaying the right content based on location) and optimizing the delivery of the Offering to each specific device used to access it and to provide the “continue watching” feature on our subscription services.

 

In countries where our processing of Information requires a lawful basis, we rely upon the following:

  • Much of our processing, such as providing, and maintaining our Offerings, is necessary for entering into, or the performance of, the contract we have with you, including enabling new customers to sign-up or register with us and existing customers to log-in to our Digital Services.
  • Other types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
    • Running our business, providing our Offerings and serving our customers;
    • Contacting customers with important notices or updates; 
    • Contacting customers about their transactions, purchases and competition wins;
    • Personalising content and making recommendations for other content;
    • Exercising and/or enforcing the rights granted to us under the terms and conditions of the Offering;
  • For other types of processing we may rely on your consent (where given). 

Improving and Developing Our Offerings

We may use your Information for the purpose of analyzing, improving, personalizing and evaluating our Offerings and your use of them, as well as to develop new Offerings. This may include analyzing your responses to consumer surveys.

In countries where our processing of Information requires a lawful basis, we rely upon the following:  

  • Some types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
    • Improving and developing our Offerings.
    • Creating efficiencies in our business.
    • Understanding consumer trends and interests, including through customer insights, market research, and measurement of content performance.
    • Compiling statistics about the use of our Offerings.
  • For other types of processing we may rely on your consent (where given).

Marketing and Personalised Advertising

We may use your Information for the purpose of marketing and/or advertising our Offerings and those of our clients and partners. We use AdTech technologies, such as real-time bidding, to monetise advertising space within its Digital Services and/or to create a ‘profile’ based on Information about your interactions with us, including our Offerings, our service providers, and our partners and their websites, apps and online advertising, which is used to provide you with personalised advertising and marketing. We may also aggregate information about users to create groups or categories of users, such as ‘segments’, to communicate with you about our offerings and let you know about our clients’ and partners’ offerings, including on Social Media Sites. 

While processing of your Information for this purpose may involve an algorithm automatically selecting advertising which is intended to be of interest to you, we do not make fully-automated decisions that may have a legal or significant effect on you without either your explicit consent, or where otherwise permitted by applicable law.

 

We may also use UGC for marketing or advertising purposes, subject to the relevant terms and conditions of the Offering.

 

In countries where our processing of Information requires a lawful basis, we rely upon the following:  

  • To use UGC you have submitted, we will rely on the rights granted to us under the terms and conditions of the Offering and the performance of our contract with you.
  • Other types of processing for Marketing and Personalised Advertising are necessary for our legitimate interests (or those of others), including:
    • Furthering our commercial interests by marketing and advertising Our Offerings, including engaging in contextual (non-data driven) advertising, analytics, and measurement of ad performance; 
    • Expanding our customer base by deepening relationships with existing customers and developing new customers;
    • Using UGC you have submitted (unless it is not necessary for the performance of a contract with you or we are able to ask for your consent); and,
    • Promoting our brands both online and offline.
  • In certain jurisdictions, for certain types of processing, such as interest-based advertising or where we send direct marketing communications by email, text message or SMS, messages on Social Media Sites, we rely on your consent (where given). 

 

Providing Customer Services 

We may use your Information for the purpose of providing Customer Services, including dealing with your queries and complaints (including troubleshooting), whether you contact us by telephone, email, chat boxes, forms or ticketing services, letter, website or via a Social Media Site.

 

In countries where our processing of Information requires a lawful basis, we rely upon the following:  

 

  • Some types of processing activities will be necessary for us to perform our contract with you to provide an Offering. 
  • Some types of processing activities will be necessary to comply with our legal obligations.
  • Some types of processing will be necessary for our legitimate interests (or those of others), including:
    • Responding to our customer queries and complaints;
    • Tracking the progress and effectiveness of our response; and
    • Improving our Customer Services.

Detecting, preventing and investigating criminal and other illegal activities

We may use your Information for the purpose of detecting, preventing or investigating criminal activities (including fraud and copyright infringement), protecting user safety and enforcing our civil rights in the courts. For example, where necessary, we may share your Information with law enforcement bodies or use it to take legal action against you to enforce our rights.

In countries where our processing of Information requires a lawful basis, we rely upon the following:  

  • Some types of processing activities will be necessary to comply with our legal obligations.
  • Some types of processing will be necessary for our legitimate interests (or those of others), including:
    • Protecting our business interests and rights, privacy, safety and property, or that of our customers and users;
    • Establishing, exercising or defending legal claims; 
    • Sharing your Information with third parties in order to permit us to pursue available remedies or limit damage that we may sustain.

Compliance with legal obligations 

We may use your Information for the purpose of complying with our legal obligations, including accounting rules, responding to Individual Rights Requests and responding to requests from regulators, judicial authorities and law enforcement or governmental bodies.

 

In countries where our processing of Information requires a lawful basis, we rely upon the following:

 

  • These types of activities are necessary to comply with our legal obligations.

INFORMATION SHARING AND DISCLOSURE

We share Information with and disclose it to the following parties, for the purposes set out below:

 

Within our companies

 

We are a part of the a group of companies. Our companies support and interact with each other to run their businesses. As a result, we may receive your Information to process for the purposes set out in this Privacy Policy, where there is a legal basis for them to do so and consistent with any permissions you have given (e.g. whether or not you wish to receive marketing communications) and any other controls you exercise regarding our processing of your Information (e.g. where you have chosen to opt-out of certain processing).

 

Outside our companies

 

Third Party Service Providers. 

Our agents and contractors have access to Information to help carry out the services they are performing for us, such as, but not limited to, fulfilment, creation, maintenance, hosting, and delivery of our Offerings, conducting marketing, providing IT services and security, handling payments, email and order fulfillment, administering promotions, competitions and prize-draws, conducting research, measurement and analytics, deriving insights, or customer service.

 

Linked Third Party Social Media Sites. 

Some of our Digital Services contain links to other sites, including Social Media Sites, for the purposes of customer interaction and marketing. The information practices of the Social Media Sites can be different from ours so you should consult their privacy policy and terms before submitting your personal information, as we have no control over personal information that is submitted to or collected by these third parties.

 

Third Party Partners. 

We sometimes offer Digital Services and Offline Services that are sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties collect or obtain personal information from you during the activity. We do not control these third parties’ use of personal information. We encourage you to read their privacy policies to learn about their data practices. 

 

AdTech Providers. 

We share certain Information with third parties (e.g. other companies, retailers, research organisations, advertisers, ad agencies, advertising networks and platforms, participatory databases, publishers, and non-profit organisations) for processing generally in a hashed or de-identified form, to provide advertising to you based on your interests, including where applicable, through real-time bidding. In some instances, we may also share segments or custom audience data with third parties for marketing purposes. For more information, please see our (i) Marketing and Personalised Advertising purpose above (ii) Cookies and Other Technical Information and (iii) Ad Choices sections below.

 

Other third parties. 

In the event of a likely change of control of the business (or a part of the business) such as a sell, a merger, and acquisition, or any transaction, or reorganisation, we may share your Information with interested parties, including as part of any due diligence process with new or prospective business owners and their respective professional advisers. 

 

Law enforcement bodies, the authorities and courts. 

We disclose Information where necessary for the prevention, investigation or prosecution of criminal activities, and also in response to legal process, e.g. in response to a court order or a subpoena, or in response to a regulator, government authority or law enforcement body’s request. 

 

Public forums. 

If you post or share Information while interacting with one of our Digital Services, or through a Social Media Site, depending on the nature of the service or your privacy settings this Information can become public, after which, we cannot prevent further use or sharing of this Information. For information about how you can customise your privacy settings on Social Media Sites, please refer to their privacy help guides and terms of use.

 

DATA RETENTION

In broad terms, we will only retain your Information for as long as is necessary for the purposes described in this Privacy Policy. This means that the retention periods will vary according to the type of Information and the reason that we have collected the Information in the first place. For example, some Information related to the provision of our Offerings to you will be kept for a number of years in order to comply with various finance and tax related legal obligations. We have detailed internal retention policies that set out the various retention periods for different categories of Information, depending on our legal obligations and whether there is a commercial need to retain the Information. After a retention period has lapsed, the Information is securely deleted, unless it is necessary for the establishment, exercise or defence of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.

COOKIES AND OTHER TECHNICAL INFORMATION

When you visit our Digital Services, we, third party service providers, and partners may use “cookies” or similar technologies, such as pixels and SDKs to (i) provide, develop, maintain, personalise, protect, and improve our Digital Services and their content (ii) perform analytics, including to analyse and report on usage and performance of our Digital Services and any advertisements displayed on or delivered by or through them (iii) protect against, identify, and prevent fraud and other unlawful activity (iv) create aggregate data about groups or categories of our users (including advertising audiences), and (v) for us, our partners and third party service providers to deliver, target, offer, market, or personalise advertising relating to our Offerings or the offerings of our clients and partners (including limiting how often you see an advertisement). 

 

Cookie Description 

  1. Required cookies 

These cookies are required to enable core website functionality 

 

Strictly necessary cookies or similar technologies: They are essential in order to enable you to move around our Digital Services and use their features, such as accessing secure areas. If you disable these cookies, some or all of the Digital Services’ features may not work. 

 

  1. Performance cookies 

These cookies allow us to analyze usage of our Digital Services so we can measure and improve performance 

 

Performance cookies or similar technologies: They collect information about how you use our Digital Services, so that we can analyze traffic, understand users’ interactions, and improve the relevant Digital Service. Our emails and newsletters may contain a ‘web pixel’ to let us know how you have interacted with what we have sent you. For games, these technologies collect information about your gameplay, including accomplishments, use of features and other in-game activities. We may use third party service providers such as Google Analytics for this purpose who may use their own cookies or similar technologies. You can find out more information by clicking on the Google Analytics cookies usage resource link: https://tools.google.com/dlpage/gaoptout?hl=en 

 

  1. Functionality cookies  

 

Functionality cookies or similar technologies: These allow our Digital Services to remember choices you make (such as your username or the region you are in) and provide enhanced, more personalised features, including personalised content. They may also be used to provide Digital Services you have asked for, such as watching a video or commenting on a blog. 

 

  1. Advertising cookies 

These cookies are used by advertising companies to serve ads that are relevant to your interests 

 

Social media cookies or similar technologies: These are used when you share Information using a social media sharing button or ‘like’ button via our Digital Services, or when you link your account or engage with our content on or through a Social Media Site, such as Facebook or Twitter. The Social Media Site will record that you have done this, and this Information may be linked to targeting/advertising activities, including building custom audiences. 

 

Advertising cookies or similar technologies: Some of our Digital Services may use a third-party advertising network, or an affiliated company, to deliver targeted advertising. They may also have the capability to limit the number of times you see an advertisement and track your browsing or usage across our Digital Services and Social Media Sites.  

 

Managing cookies and other technologies. For Digital Services in some jurisdictions, including the EEA, you may learn more information about our use of cookies and other technologies, and provide or withdraw consents, or set your cookie preferences and in some cases object legitimate interest purposes for processing your personal information, by clicking Manage Cookies+ or otherwise adjusting cookie preferences. These settings are accessible on a site or app specific basis, at any time through the ‘Manage Cookies+’ link or a similar link located on webpages or in application settings. You may also use your app/browser settings to set your cookie preferences. 

 

For many Digital Services in the EEA, we participate in the IAB Europe Transparency & Consent Framework, which is described in more detail by navigating to the IAB’s website, and complies with its specifications and policies on applicable websites and apps. OneTrust operates the consent management platform with the identification number 28. 

 

Marketing communications. We provide you with an opportunity to express your preferences with respect to receiving certain marketing communications from us. If you would like to update these preferences, you can (i) log in to an account you may have created with us to adjust your settings (where the feature is available) or (ii) otherwise submit a request by navigating to our Individual Rights Request Portal. You can also follow the ’unsubscribe’ instructions provided in any marketing email you receive.

 

Ad choices. On our own or working with affiliates or third parties, we may present advertisements and engage in data collection, reporting, ad response measurement, and site analytics on our Digital Services and on third party websites across the Internet and applications over time. We, our affiliates, or third parties may use cookies, web beacons, pixels, SDKs, or similar technologies to perform this activity. They obtain information about applications you use, websites you visit, and other information from across your devices and browsers and across websites, services, and apps over time, in order to help serve advertising that will be more relevant to your interests on and off our Digital Services and across your devices and browsers. This type of advertising is known as ‘interest-based advertising’. We, our affiliates, or third parties may also use this information to associate your different browsers and devices together for interest-based advertising and for other purposes like research, analytics, internal operations, fraud prevention, and enhancing consumer experiences.

 

In addition to managing your preferences through our consent management platform, for more information about interest-based advertising on your desktop or mobile browser, and to opt out of this type of advertising by third parties that participate in self-regulatory programs by visiting the Your Online Choices website if in the EEA, which is hosted by and can be visited at the European Interactive Digital Advertising Alliance (EDAA) website; if in Argentina to the Alianza de Publicidad Digital de Argentina (APDA); if in Canada, by visiting the Digital Advertising Alliance of Canada (DAAC) website and if in the United States, by navigating to the Digital Advertising Alliance of the US (DAA) website. To learn more about interest-based advertising on mobile apps and to opt out of this type of advertising by third parties that participate in the DAA’s AppChoices tool, please visit the Ad choice link to download the version of AppChoices for your device. Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select but will still allow the collection of Information for other purposes, including research, analytics, and internal operations. You can therefore continue to receive advertising, but that advertising may be less relevant to your interests.

Important things to note about cookie-based web browser opt outs (such as those utilised by the EDAA, APDA and DAAC):

  • Blocked cookies: The opt out cookie may not work if your browser is configured to block third-party cookies.
  • Deleting or protecting opt outs: If you delete your cookies, you will need to opt out again. There are browser plugins to help you preserve your opt out cookies.
  • Only this browser: The opt out only applies to the browser profile in which you set it. For example, if you set the opt out while using Firefox, but then use Chrome, the opt out will not be active in Chrome. To opt out in Chrome, you will need to repeat the opt out process. This is because the cookies cannot be read between different browsers or browser profiles.

The opt out does not block or delete cookies: It also does not prevent the use of cookies or other technologies for purposes other than selecting ads based on your interests as inferred by your online behavior. If you opt out, data may still be collected about your web browsing activities and you will still see advertising. Ads may be selected, for example, based on the content of the web page in which they are shown. If you wish to block or delete cookies altogether, you can use web browser settings to do so.

 

You may have more options depending on your mobile device and operating system. For example, most device operating systems (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provide their own instructions on how to limit or prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to learn more about these features and how they apply to tailored in-app advertisements.

 

Precise location information. 

To enable or disable the collection of precise location information from your mobile device through our mobile apps, you can access your mobile device settings and choose to limit that collection. You may also limit the collection of precise location information from websites through browser settings.

 

INTERNATIONAL TRANSFER

We operate internationally, and some of the processes involved in our use of your Information will require your Information to be stored or processed in countries outside the country where you are located, including countries where the level of legal protection for your Information may be different and where you may have fewer legal rights in relation to it. In particular, your Information may be transferred to, and processed in the United States, where some of our systems are located.

 

NOTIFICATION REGARDING UPDATES

From time to time, we may update this Privacy Policy. We will notify you about any material changes by placing a notice on our sites. We encourage you to periodically check back and review this policy so that you are up to date.

HOW TO CONTACT US

If you have any questions about this Privacy Policy, you can contact us at editor@barbadosweekly.com

COMPLAINTS

If you are unhappy with how we have dealt with your query, in the first instance please contact us at editor@barbadosweekly.com. If you are still unhappy with our response, you may have the right to complain to your Data Protection Authority. Please contact us at editor@barbadosweekly.com to obtain details of how to contact them.

 

TERMS AND CONDITIONS

Terms of Use

Last updated: March 21, 2022

Terms and Conditions of Use

The following terms and conditions (the “Terms of Use”) govern your use of the websites and mobile-optimized versions of the websites to which these Terms of Use are linked and which are owned or operated by Barbados Weekly and its associated companies and its subsidiaries (“BW,” “we” and “us”) (collectively, the “Websites”). 

The term “Websites” includes all subdomains of Websites and any content, code, data, services, features or functionality made available from or through the Websites. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites.

Changes in the Terms of Use will be effective when posted and your continued use of the Websites and/or the services made available on or through the Websites after any changes to the Terms of Use are posted will be considered acceptance of those changes. 

BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT.

If you do not agree to these Terms of Use, you may not access or otherwise use the Websites.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.

PLEASE ALSO NOTE THAT WITH RESPECT TO PURCHASERS OF OUR PRODUCTS, WE RESERVE THE RIGHT TO CHANGE THE NUMBER OF ISSUES IN A SUBSCRIPTION TERM, INCLUDING DISCONTINUING ANY FORMAT, MAKE SUBSTITUTIONS AND/OR MODIFY THE MANNER IN WHICH THE SUBSCRIPTION IN DISTRIBUTED AS NOTED BELOW. YOU ARE RESPONSIBLE FOR PROVIDING US ANY ADDRESS CHANGES FOR YOUR ACCOUNT

  1. As between you and BW, excluding your Submitted Materials (as defined below), BW or its licensors own, solely and exclusively, all rights, title and interest in and to the Websites, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organization of the Websites, and the compilation of the content, code, data and materials on the Websites, 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. Your use of the Websites does not grant to you ownership of any content, code, data or materials you may access on or through the Websites. For more information about this, see the BW Data Policy which can be found here, and which is incorporated into these Terms of Use.
  1. If you provide BW any feedback or suggestions regarding the Websites (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Websites, you hereby assign to BW all rights in the Feedback and agree that BW shall have the right to use such Feedback and related information in any manner it deems appropriate.   BW will treat any Feedback you provide to BW as non-confidential and non-proprietary. You agree that you will not submit to BW any feedback that you consider to be confidential or proprietary.
  1. You may access and view the content on the Websites on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Websites, make single copies or prints of such content for your personal, internal use only. Use of the Websites and the services offered on or through the Websites are only for your personal, non-commercial use.
  1. Any commercial or promotional distribution, publishing or exploitation of the Websites is strictly prohibited unless you have received the express prior written permission from authorized personnel of BW 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 the Websites. 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 Websites, 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 Websites. If you make other use of the Websites, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
  1. For web posting, reprint, transcript or licensing requests for BW material, please send your request to the following: editor@barbadosweekly.com.
  1. The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of BW and third parties. All Marks not owned by BW that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of BW or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited.
  1. In the course of your use of the Websites, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). BW’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policywhich is incorporated herein by reference for all purposes (the “Privacy Policy”). You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Websites using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify BW of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. BW cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  1. You must meet any age, geographic or other eligibility requirements specified on the Websites to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Websites. By registering at those Websites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies.
  1. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Websites, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. 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, (ii) that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums), and (iii) 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, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit comments (e.g. a “letter to our editors” or an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this. 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. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will BW be liable for any inaccuracy or defect in any Submitted Materials.
  1. You warrant and agree that, while using the Websites 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 Websites’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from BW or otherwise through the Websites), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Websites. 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 Websites or the services offered on or through the Websites, including without limitation any information residing on any server or database connected to the Websites or the services offered on or through the Websites; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Websites in any manner that may interrupt, damage, disable, overburden, or impair the Websites or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Websites in violation of BW’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Websites in violation of any applicable 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 Websites, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites or any of their 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 Websites.
  1. BW may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Websites. 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 Websites any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Websites, (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, plagiarize 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 BW. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities. 
  1. BW reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and BW is not responsible for any such Submitted Materials. However, BW reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that BW considers to be, in BW’s sole discretion, objectionable or in violation of these Terms of Use, BW’s policies or applicable law. If BW elects to modify Submitted Materials, BW nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
  1. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Websites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
  1. Each Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that BW will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and BW has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge BW (and our directors, officers, employees, agents, successors and assigns) from, and herby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  1. You agree that if you include a link from any other websites to the Websites, such link shall link to the full version of an HTML formatted page of the Websites. You are not permitted to link directly to any image hosted on the Websites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Websites on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Websites in any manner such that the Websites, or any page of the Websites, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Websites be discontinued, and to revoke your right to link to the Websites from any other websites at any time upon written notice to you.
  1. We may, directly or through our third-party vendors (“Vendors’), make certain products available to visitors and registrants of the Websites. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to BW or its Vendors. You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right to change the number of issues in a subscription term, including discontinuing any format, make substitutions and/or modify the manner in which the subscription is distributed. If your email or postal address changes, you agree to provide us with your updated address.
  1. You may be able to link from the Websites to third party websites and third party websites may link to the Websites (“Linked Sites”). 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 Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply BW’s endorsement, sponsorship, or recommendation of that site. BW disclaims any liability for links (1) from another website to the Websites and (2) to another website from the Websites. BW cannot guarantee the standards of any websites to which links are provided on the Websites nor shall BW be held responsible for the contents of such sites, or any subsequent links. BW does not represent or warrant that the contents of any third party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, BW is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
  1. BW may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BW, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BW is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Websites.
  1. Certain pages of the Websites provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) without limiting the foregoing, you will not link directly to the Embedded Video file; and (iv) the Embedded Video may be used in part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Websites. Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to indemnify, defend and hold us and our affiliates and our 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 Embedded Video.
  1. RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the “Content Feeds”) are means by which BW offers feeds of story headlines in XML or JSON format (“BW Content”) to visitors to the Websites who use the applicable Feed aggregators. You must use the Content Feeds as provided by BW, and you may not edit or modify the text, content or links supplied by BW. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Websites. You may not display the BW Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Website web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Website web page. You must provide attribution to the appropriate Websites in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Website logo that we have incorporated into the Content Feed. BW reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. BW assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.
  1. You agree to indemnify, defend and hold BW and its directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from (a) your use of the Websites, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Websites, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. BW 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 BW’s defense of such claim. You agree not to settle any matter without the prior written consent of the General Counsel of BW.
  2. We respect the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to editor@barbadosweekly.com with the information below:
    • Your 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 authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized 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 authorized to act on the copyright owner’s behalf. 
  1. THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITES, 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 OR USEFULNESS OF CONTENT OR 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 WEBSITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BW ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES. UNDER NO CIRCUMSTANCES SHALL BW BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITES, ANY CONTENT POSTED ON OR THROUGH THE WEBSITES, OR CONDUCT OF ANY USERS OF THE WEBSITES, WHETHER ONLINE OR OFF. YOU USE THE WEBSITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
    WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. BW NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED BW EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES. 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, BW AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITES, 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 WEBSITES OR IN CORRESPONDENCE WITH BW OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITES ARE PROVIDED BY BW “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 BW OR ITS LICENSOR OR SUPPLIER.
  2. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BW, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE 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 WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, 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 WEBSITES. 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 USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO BW FOR YOUR USE OF THE WEBSITES OR PURCHASE OF PRODUCTS VIA THE WEBSITES.
  3. We control and operate the Websites from our offices in Barbados. We do not represent that materials on the Websites are appropriate or available for use in other locations. Persons who choose to access the Websites 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. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of Barbados without giving effect to any law that would result in the application of the law of another jurisdiction.
  1. BW may terminate, change, suspend or discontinue any aspect of the Websites or the Websites’ services at any time. BW may restrict, suspend or terminate your access to the Websites and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, BW may, in its sole discretion and without liability, terminate the Websites use privileges of users who are repeat infringers of intellectual property rights. 
  1.  PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
    Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and BW arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Websites.
  2. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BW ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
  1. These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Websites. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.