These terms and conditions (“Terms of Service”) govern your access to and use of TradeWinds Island Resorts’ (“TradeWinds Island Resorts Media”) products, software, services, and website (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. TradeWinds Island Resorts will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with TradeWinds Island Resorts Media and you must not be prohibited from receiving the Services under American law or any other applicable laws.
TradeWinds Island Resorts may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and TradeWinds Island Resorts may (but has no obligation to) terminate your ability to access or use the Services at any time.
YOUR ACCOUNT FOR ANY TRADEWINDS ISLAND RESORTS SERVICES (NEWSLETTER, E-MAIL, ETC.)
You must provide your legal full name, a valid email address, and any other information requested in order to complete the account sign-up process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. TradeWinds Island Resorts encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. TradeWinds Island Resorts Media will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
Each account login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may not maintain more than one free account.
USE AND RESTRICTIONS
TradeWinds Island Resorts and its service providers use Personal Information to operate the sites, provide services, and to inform our customers of new features, services, and products. TradeWinds Island Resorts may also carefully select other companies to send our customers information about their products or services (a “Secondary Use”).
This web site may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with applicable law or with legal process served on TradeWinds Island Resorts or the site; (b) protect and defend the rights or property of TradeWinds Island Resorts or this site, and (c) act under exigent circumstances to protect the personal safety of users of TradeWinds Island Resorts, the site, or the public.
This web site may disclose Personal Information to third-party if only required to do so by law or in the good-faith belief that such action is necessary to (a) comply with applicable law or with legal process served on TradeWinds Island Resorts or the site; (b) protect and defend the rights or property of TradeWinds Island Resorts or this site, and (c) act under exigent circumstances to protect the personal safety of users of TradeWinds Island Resorts, the site, or the public.
You may only use the Services to: (a) access Content on TradeWinds Island Resorts Media’s website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through TradeWinds Island Resorts’ currently available interfaces.
You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in Canada or applicable to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not, without TradeWinds Island Resorts’ prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, TradeWinds Island Resorts or any other TradeWinds Island Resorts products or services.
You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. TradeWinds Island Resorts Media does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.
TradeWinds Island Resorts and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. TradeWinds Island Resorts may (but has no obligation to) remove Content and accounts containing Content that TradeWinds Island Resorts determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that TradeWinds Island Resorts determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
TradeWinds Island Resorts does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any TradeWinds Island Resorts Media customer, employee, member, or officer. Engaging in any such behavior may at TradeWinds Island Resorts’ sole discretion result in the immediate termination or your account.
You must not upload post, host, transmit or otherwise make available to others unsolicited email, SMSs, or “spam” messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
If you are purchasing Products and/or Services from TradeWinds Island Resorts, you must provide TradeWinds Island Resorts with a valid credit card and correct personal information.
Purchased Services are billed in advance on a monthly or yearly basis (as per the option you have chosen) and are non-refundable. This means that there will be no refunds for partial months (or years) of service, or for months where the Services were unused.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
You must fill out your correct province/state and country so that TradeWinds Island Resorts can understand its obligations to applicable taxation authorities.
MODIFICATIONS TO THE SERVICES AND PRICES
TradeWinds Island Resorts may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. TradeWinds Island Resorts may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
Prices of all Products and/or Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 24 hours’ notice from TradeWinds Island Resorts. Such notice may be provided at any time by posting the changes on TradeWinds Island Resorts’ website (currently located at www.TradeWinds Island Resorts.com).
TradeWinds Island Resorts shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Miles Partnership, LLLP and TradeWinds Island Resorts (“The Controllers”) collect personal data from individual users of TradeWinds Island Resorts, www.tradewindsresort.com. Certain elements of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”).
The following disclosures concerning The Controllers compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any individual.
EFFECTIVE DATE OF GDPR
GDPR is set to take effect on May 25, 2018. On and after that date, The Controllers will comply with GDPR to the extent applicable.
UTILIZATION OF DATA
The Controllers utilize personal data including the information provided by you during usage of the website and submission of forms. The Controllers process this data for marketing purposes. This data may be used, for example, to send information electronically or physically that you request.
BASIS FOR THE PROCESSING OF DATA
The Controllers may seek your consent to send communications (marketing communications). The Controllers will seek a separate consent to send these communications in certain cases which may be revoked by you at any time via email to email@example.com or by clicking unsubscribe on the pertinent email communication.
RECIPIENTS OF PERSONAL DATA
Recipients of personal data may include fulfillment providers for physical mailing, email deployers, technical providers of data storage, and back end service providers. All employees of The Controllers who receive or review personal data have received training concerning maintaining the confidentiality of such data and committed themselves to confidentiality. Where appropriate, The Controllers will enter into written agreements governing the processing and confidentiality of personal data by third parties.
STORAGE OF DATA
The Controllers will retain data only as long as is necessary.
YOUR RIGHTS UNDER GDPR
If the GDPR applies to retention of your personal data, you have several rights including (i) the right to request access, rectification or erasure of your data, (ii) the right to lodge a complaint with the appropriate European Union supervisory authority, and (iii) to the extent processing of data is based on consent, you have the right to withdraw your consent at any time.