Terms and Conditions of Use

Introduction

In these terms and conditions, when we refer to a “Compass Media Site” we mean the digital information network operated by or on behalf of Compass Media Ltd, its parent companies, subsidiaries and affiliates (collectively “Compass Media”, “we”, “us” or “our”), as well as any Compass Media apps. The term Compass Media Site shall be deemed to include caymancompass.com, compassmedia.ky, journal.ky, insideout.ky, flava.ky, caymanhealth.com, whatshot.ky, caymanfinancialreview.com, keytocayman.com and any other sites which may from time to time be created by or for Compass Media.

Users of Compass Media Sites (“User”, “you”, “your”) agree to be bound by these terms of use, our Privacy Policy, our Copyright Policy and Community Guidelines (collectively, the “Terms”). Please review the Terms carefully as your continued access to the Compass Media Site and/or use of any Compass Media services, indicates your acceptance of the Terms.  If you have accessed the Compass Media Site from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.

Compass Media reserves the right to make changes to the Compass Media Sites and these Terms at any time without your consent, and encourages Users to periodically review this page for changes.  A User’s continued use of the Compass Media Site after any change in these Terms will constitute acceptance of such change.  If any term or condition is deemed invalid, the enforceability of the remaining provisions of these Terms shall not be affected.

Data Protection

To find out what personal data we collect and how we use it, please view our privacy policy here.

Registration

You may access those areas of the Compass Media Site that require registration by becoming a registered member. If you register you are responsible for maintaining the confidentiality of your passwords and for all activities that occur under your account.  If you no longer wish to have a registered account, you may terminate it by sending an email to at [email protected].

If, for any reason, we believe that you have not complied with these Terms, we may, at our sole discretion, cancel your access to the registration areas of Compass Media Site immediately and without prior notice.  We may terminate your registered account, at our sole discretion.

Continued use of the Compass Media Site indicates your continued acceptance of these Terms.  If you no longer accept these Terms (or any future amendment of these Terms) you must cease using the Compass Media Site.

Charges

Access to the Compass Media Sites homepages is free. Currently users can access up to 5 www.caymancompass.com articles per day without charge. Paid subscribers have unlimited access to all articles on www.caymancompass.com. To find out more about becoming a subscriber, please visit https://www.caymancompass.com/subscribe/digital-subscriptions/. Compass Media reserves the right to change its access and charges from time to time. However, in no event will you be charged for access to access or any service unless we obtain your prior agreement. Failure to provide such agreement may result in termination of access to Compass Media Sites or relevant services.

Use of Materials and Copyright

Your use of the Compass Media Site is for your own personal and non-commercial use only.

You acknowledge that, except for user content and third party advertisements (“Third-Party Content”), Compass Media is the sole owner of all content on the Compass Media Site, including, without limitation, all applicable copyrights, patents, trademarks, trade names, and other intellectual property rights, text, images, graphics, logos and other material (the “Compass Media Content”).

The Compass Media Site and the Compass Media Content are protected by the copyright laws and other intellectual property laws of the Cayman Islands and protected globally by applicable treaties and laws.

You may download and print extracts from the Compass Media Content for your own personal and non-commercial use only, provided you maintain and abide by any author credit, copyright or trademark notice or restriction. You may not use any Compass Media Content for any other purpose without Compass Media’s prior written approval.  You specifically agree that you will not present any Compass Media Content in the context of a website other than the Compass Media Sites.

You shall be solely responsible for any misuse of the Third Party Content and you indemnify and hold harmless Compass Media, its employees and agents from and against all losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation of any applicable intellectual property laws or treaties.

If you wish to use our content other than as permitted by the Terms, please contact us at [email protected]  For more information relating to copyright, please refer to our Copyright Policy.

Disclaimers and Indemnities

The following clauses exclude or limit Compass Media’s legal liability for the Compass Media Sites and Users should therefore read them carefully. These limitations apply only as far as the law permits.

Though Compass Media endeavours to ensure the information on the Compass Media Sites or in any publication is correct at the time of publication, any and all liability which may arise from the access or use of the Compass Media Sites or reliance on any Compass Media Content is excluded.  To the extent permitted at law, we do not accept any responsibility for any statement in the Compass Media Content. Nothing in the Compass Media Content is provided for any specific purpose or at the request of any particular person. Compass Media Content is provided on an “as is”, “as available” basis and Compass Media does not give or make any warranty or representation whatsoever, whether express or implied.

The use of Compass Media Sites is at the User’s sole risk and Compass Media shall have no liability for any investigations, claims, fines, losses, damages, costs (including attorney’s fees) expenses and liabilities (“Losses”) whatsoever and howsoever arising as a result of any User’s use of or reliance upon the Compass Media Content, to the maximum extent permitted by law.  For the avoidance of doubt, we will not be liable for any Losses caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Compass Media Content or any part of it.

Compass Media does not represent or warrant that the Compass Media Compass Media Sites will be available and meet any User’s requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other destructive properties will be transmitted or that no damage will occur to the User’s computer system.   The User has sole responsibility for protection and back up of data and equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.

In some instances, content made available on the Compass Media Site may represent the opinions and judgments of providers or users, such as user content (“User Content”).  Compass Media does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on the Compass Media Site by anyone other than authorised Compass Media employees acting in such capacity.  Users should refer to the Community Guidelines for more information.

This disclaimer of liability applies to any Losses caused by the Compass Media Site, including, without limitation, those Losses occurring as a result of: (i) any error, omission, deletion, or defect in any content available on the Compass Media Site (including user comments, Third Party Content and Compass Media Content); or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action, (whether or not Compass Media was aware of or advised of the possibility of such loss, damage or injury). Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

For the avoidance of doubt, if you are dissatisfied with any of the Compass Media Content, the Terms or your experience in accessing or using the Compass Media Sites, your sole and exclusive remedy is to discontinue access and use of the Compass Media Sites.

You agree to indemnify and hold harmless Compass Media, its employees and agents, from and against all Losses resulting from any violation of the Terms or your use of Compass Media Sites. We reserve the right to take over the exclusive defence 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.

If you are accessing a Compass Media Site from the United States or Australia, the additional disclaimers and limitations of liability below apply.

Third-Party Sites and Third-Party Content

You can access other sites via links from the Compass Media Site. These sites are not under our control and we are not responsible in any way for any of their contents.

Third-Party Content is submitted by third parties on the Compass Media Sites. Each individual advertiser is solely responsible for the content of Third-Party Content.  Compass Media accepts no responsibility for the Third-Party Content, including, without limitation, any error, omission or inaccuracy therein.

Children’s Use of Compass Media Sites

Compass Media is committed to the protection of children’s privacy and you can read more about privacy generally here. Children under 13 are not permitted to register for any activities on the Compass Media Sites. Compass Media encourages parents to monitor their children’s online usage and to prohibit them from disclosing any personally identifying information online. Users agree that they will not allow a child under the age of 13 to disclose any personal information using their accounts.

User content

Users of our site may be permitted to submit content for publication in various areas of the Compass Media Site. Interactions with our site are governed by our Community Guidelines accessible here. You are deemed to consent to these guidelines, as well as the Terms, if you choose to post any content or comments on any Compass Media Site or social media pages.

Governing law & jurisdiction

These terms and conditions are governed by Cayman Islands law and the parties agree to submit to the exclusive jurisdiction of the Cayman Islands courts.

The Terms shall be treated as executed and performed in the Cayman Islands, and shall be governed and construed in accordance with the laws of the Cayman Islands, without regard to conflict of law principles.  All legal proceedings arising out of or in connection with this Agreement, shall be brought solely in the Cayman Islands. You expressly submit to the exclusive jurisdiction of the Cayman Islands courts and consent to extra-territorial service of process.

In connection with any litigation arising out of the Terms, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees, whether incurred during settlement, at trial, or on appeal.

Advertising Terms and Conditions

This section of the Terms sets out the terms of business between an entity, individual, or agency purchasing content (the “Advertiser”) and Compass Media, as publisher of the advertisement content (the “Advertising Contract”) and should be read in conjunction with any other terms provided by Compass Media to the Advertiser, including the relevant Print Media Kit and any order for work.

These Terms shall apply to print advertisement in a Compass Media publication (“Publication”) and online advertisements on a Compass Media Site (together “Advertisements”).  By placing an order, the Advertiser accepts and agrees to be bound by these Terms.

Compass Media Rights

Compass Media may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or adverse to these Terms and remove, not print, suspend or update or change the position of any such Advertisement.  Compass Media may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any Advertisement. The Advertiser will remain responsible for all outstanding sums.

Compass Media  has the right to cancel any Advertising Contract at its sole discretion.

In the event that Compass Media: (i) does not place any Advertisement; (ii) shall discontinue a Compass Media Site or Publication; or (iii) shall cancel this Advertising Contract, Compass Media will not be liable for any loss or damage caused directly or indirectly by such action or omission.

Content and Delivery

All copy and type arrangements of Advertisements are subject to the approval of Compass Media.

It is the responsibility of the Advertiser to submit all advertising materials to the publication on a timely basis according to the artwork deadline dates as detailed within the relevant Print Media Kit.

In the event that such materials are not forthcoming, Compass Media will have the right to create an advertisement for the Advertiser which will not be subject to the Advertiser’s pre-publication approval and invoice the Advertiser for related creative and production charges in addition to advertisement space charges.

The Advertiser authorises Compass Media, but Compass Media is not obliged, to destroy all photographs, artwork, film etc, after a period of 30 days from publication if return of said media is not requested by the Advertiser.

Any Advertisement that, in the opinion of Compass Media , could be mistaken for editorial copy will be labelled “Advertorial” (or equivalent).

While Compass Media  will make every effort to place advertisements in positions requested by the Advertisers, Compass Media  is under no obligation to do so, except in cases where the Advertiser has paid a “premium” to reserve a preferred position.

Compass Media shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.

It is the responsibility of the Advertiser to notify Compass Media in writing of any error in advertisements within seven days of publication.

Payment

Unless an Advertiser has applied for and been accepted as a credit account customer, Compass Media will provide services only on a pre-payment basis, with receipt of cleared funds prior to the order being confirmed. Account customers may be extended a credit account with thirty days for payment from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. Compass Media reserves the right to charge interest on late payment at 55 per month on a compounded basis.

Contracts that contain calculation errors will be billed at the normal Publisher’s published advertising rates.

Advertising rates are based on digital files being submitted to Compass Media in correct high-resolution format according to the Artwork Specifications page in the publication’s Media Kit. If additional services are necessary to prepare digital logos or files for high quality reproduction there will be an additional charge of CI$100 per hour.

A fee of 25 percent of the full cost of the Advertisement will be charged if the Advertiser cancels after the sales deadline as detailed in within the relevant Print Media Kit.

An additional fee of 25 percent of the full cost may be charged if the Advertiser provides artwork after the artwork deadline.

If Compass Media takes legal action to recover any sums due under these Terms, the Advertiser will be responsible for Compass Media ’s legal costs on an indemnity basis in addition to all amounts due, including interest charges.

Advertiser Warranties and Indemnities

The Advertiser guarantees and warrants to Compass Media that:

  • any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
  • the Advertisements are legal, honest and truthful;
  • it has obtained the consent of any living person whose name or image or copyright (in whole or in part) is contained in any Advertisement;
  • the Advertisements are not libellous and do not infringe the rights of any person;
  • the Advertisements do not infringe any person or entity’s intellectual property rights;
  • the Advertisement are not prejudicial to the reputation of Compass Media or the Compass Media Sites or Publications;
  • the Advertisements are not contrary to the provisions of any applicable law, regulation or code of practice;
  • the Advertisements submitted for online publishing are free of any viruses and will not cause an adverse effect on the operation of the Compass Media Sites.

The publication of an Advertisement by Compass Media does not mean that it accepts the Advertisement has been provided in accordance with these Terms or that it has waived its rights under these Terms.

The Advertiser will fully indemnify Compass Media, its employees and agents from Losses arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by Compass Media in accordance with these Terms, including but not limited to Losses arising from any claim made against Compass Media for breach of copyright, breach of intellectual property rights, otherwise arising from the Advertiser not having the appropriate authority or permission to use such materials, or in defamation.

Liability

Compass Media  will in no circumstances be liable for:

  • any loss or damage arising out of failure to publish on a timely basis or inadvertent omission from any issue of the publication;
  • any errors in telephone numbers, addresses, or any other key information in any advertisement;
  • interruption or delay experienced by the Advertiser in delivering copy to Compass Media;
  • any failure or delay affecting production or publication of a Publication or transmission of the Compass Media Sites, which results from any act, omission, interruption, fault or other condition beyond the reasonable control of Compass Media;
  • repetition of errors and it is the Advertiser’s responsibility to inform Compass Media of any errors and provide any necessary assistance to Compass Media to prevent a repeat of the error.
  • loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Compass Media.

Compass Media does not guarantee continuous, uninterrupted access by users of the Compass Media Sites.

All Advertising Contracts are contingent upon acts of God, strikes, mechanical breakdowns or any other unforeseen interruptions to the production schedule. Acts of God such as hurricanes which occur after publication and initial distribution of the most current issue of the publication will not be reason to alter payment amounts contracted for that issue.

Compass Media’s maximum liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the amount paid by the Advertiser for the relevant Advertisement.

For the avoidance of doubt, nothing in these Terms will limit or exclude Compass Media’s responsibility for death or personal injury resulting from its own fraud or any other liability that cannot be excluded.

Miscellaneous

Should any part of the Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Compass Media.