1.1 Your use ofYachtsToShare’s products,
software, services and web sites (referred to collectively as the
“Services” in this document and excluding any services provided to
you by YachtsToShare under a separate written agreement) is subject to the
terms of a legal agreement between you and YachtsToShare.
“YachtsToShare” means YachtsToShare, whose principal place of
business is at c/o Mariner's Yacht & Ship Brokerage, 24705 Dana Dr., Dana
Point, CA 92629, United States. This document explains how the agreement is
made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with
YachtsToShare, your agreement with YachtsToShare will always include, at a
minimum, the terms and conditions set out in this document. These are referred
to below as the “Universal Terms”.
1.3 Your agreement with YachtsToShare will
also include the terms of any Legal Notices applicable to the Services, in
addition to the Universal Terms. All of these are referred to below as the
“Additional Terms”. Where Additional Terms apply to a Service, these
will be accessible for you to read either within, or through your use of, that
Service.
1.4 The Universal Terms, together with the
Additional Terms, form a legally binding agreement between you and
YachtsToShare in relation to your use of the Services. It is important that you
take the time to read them carefully. Collectively, this legal agreement is
referred to below as the “Terms”.
1.5 If there is any contradiction between what
the Additional Terms say and what the Universal Terms say, then the Additional
Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must
first agree to the Terms. You may not use the Services if you do not accept the
Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the
Terms, where this option is made available to you by YachtsToShare in the user
interface for any Service; or
(B) by actually using the Services. In this
case, you understand and agree that YachtsToShare will treat your use of the
Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not
accept the Terms if (a) you are not of legal age to form a binding contract
with YachtsToShare, or (b) you are a person barred from receiving the Services
under the laws of the United States or other countries including the country in
which you are resident or from which you use the Services.
2.4 Before you continue, you should print off
or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where YachtsToShare has provided you with
a translation of the English language version of the Terms, then you agree that
the translation is provided for your convenience only and that the English
language versions of the Terms will govern your relationship with
YachtsToShare.
3.2 If there is any contradiction between what
the English language version of the Terms says and what a translation says,
then the English language version shall take precedence.
4. Provision of the Services by
YachtsToShare
4.1 YachtsToShare has subsidiaries and
affiliated legal entities around the world (“Subsidiaries and
Affiliates”). Sometimes, these companies will be providing the Services to
you on behalf of YachtsToShare itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services to
you.
4.2 YachtsToShare is constantly innovating in
order to provide the best possible experience for its users. You acknowledge
and agree that the form and nature of the Services which YachtsToShare provides
may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you
acknowledge and agree that YachtsToShare may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally at YachtsToShare’s sole discretion, without prior notice to you.
You may stop using the Services at any time. You do not need to specifically
inform YachtsToShare when you stop using the Services.
4.4 You acknowledge and agree that if
YachtsToShare disables access to your account, you may be prevented from
accessing the Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree that while
YachtsToShare may not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services or on the amount of
storage space used for the provision of any Service, such fixed upper limits
may be set by YachtsToShare at any time, at YachtsToShare’s
discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you
may be required to provide information about yourself (such as identification
or contact details) as part of the registration process for the Service, or as
part of your continued use of the Services. You agree that any registration
information you give to YachtsToShare will always be accurate, correct and up
to date.
5.2 You agree to use the Services only for
purposes that are permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in the relevant
jurisdictions (including any laws regarding the export of data or software to
and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to
access) any of the Services by any means other than through the interface that
is provided by YachtsToShare, unless you have been specifically allowed to do
so in a separate agreement with YachtsToShare. You specifically agree not to
access (or attempt to access) any of the Services through any automated means
(including use of scripts or web crawlers) and shall ensure that you comply
with the instructions set out in any robots.txt file present on the
Services.
5.4 You agree that you will not engage in any
activity that interferes with or disrupts the Services (or the servers and
networks which are connected to the Services).
5.5 Unless you have been specifically
permitted to do so in a separate agreement with YachtsToShare, you agree that
you will not reproduce, duplicate, copy, sell, trade or resell the Services for
any purpose.
5.6 You agree that you are solely responsible
for (and that YachtsToShare has no responsibility to you or to any third party
for) any breach of your obligations under the Terms and for the consequences
(including any loss or damage which YachtsToShare may suffer) of any such
breach.
6. Your passwords and account
security
6.1 You agree and understand that you are
responsible for maintaining the confidentiality of passwords associated with
any account you use to access the Services.
6.2 Accordingly, you agree that you will be
solely responsible to YachtsToShare for all activities that occur under your
account.
6.3 If you become aware of any unauthorized
use of your password or of your account, you agree to notify YachtsToShare
immediately at http://www.yachtstoshare.com/contactus.htm.
7. Privacy and your personal
information
7.1 We do not sell, share, or make available
your name, email address, postal address, phone number, or credit card number
with anyone outside YachtsToShare.
8. Content in the Services
8.1 You understand that all information (such
as data files, written text, computer software, music, audio files or other
sounds, photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole responsibility of
the person from which such content originated. All such information is referred
to below as the “Content”.
8.2 You should be aware that Content presented
to you as part of the Services, including but not limited to advertisements in
the Services and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or advertisers who
provide that Content to YachtsToShare (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole or in part)
unless you have been specifically told that you may do so by YachtsToShare or
by the owners of that Content, in a separate agreement.
8.3 YachtsToShare reserves the right (but
shall have no obligation) to pre-screen, review, flag, filter, modify, refuse
or remove any or all Content from any Service. In addition, there are
commercially available services and software to limit access to material that
you may find objectionable.
8.4 You understand that by using the Services
you may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at your own
risk.
8.5 You agree that you are solely responsible
for (and that YachtsToShare has no responsibility to you or to any third party
for) any Content that you create, transmit or display while using the Services
and for the consequences of your actions (including any loss or damage which
YachtsToShare may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that
YachtsToShare (or YachtsToShare’s licensors) own all legal right, title
and interest in and to the Services, including any intellectual property rights
which subsist in the Services (whether those rights happen to be registered or
not, and wherever in the world those rights may exist). You further acknowledge
that the Services may contain information which is designated confidential by
YachtsToShare and that you shall not disclose such information without
YachtsToShare’s prior written consent.
9.2 Unless you have agreed otherwise in
writing with YachtsToShare, nothing in the Terms gives you a right to use any
of YachtsToShare’s trade names, trade marks, service marks, logos, domain
names, and other distinctive brand features.
9.3 If you have been given an explicit right
to use any of these brand features in a separate written agreement with
YachtsToShare, then you agree that your use of such features shall be in
compliance with that agreement, any applicable provisions of the Terms, and
YachtsToShare's brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth
in Section 11, YachtsToShare acknowledges and agrees that it obtains no right,
title or interest from you (or your licensors) under these Terms in or to any
Content that you submit, post, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in that
Content (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). Unless you have agreed otherwise in writing
with YachtsToShare, you agree that you are responsible for protecting and
enforcing those rights and that YachtsToShare has no obligation to do so on
your behalf.
9.5 You agree that you shall not remove,
obscure, or alter any proprietary rights notices (including copyright and trade
mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized
to do so in writing by YachtsToShare, you agree that in using the Services, you
will not use any trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion about the
owner or authorized user of such marks, names or logos.
10. License from YachtsToShare
10.1 YachtsToShare gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
software provided to you by YachtsToShare as part of the Services as provided
to you by YachtsToShare (referred to as the “Software” below). This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by YachtsToShare, in the manner permitted by the
Terms.
10.2 You may not (and you may not permit
anyone else to) copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the Software or
any part thereof, unless this is expressly permitted or required by law, or
unless you have been specifically told that you may do so by YachtsToShare, in
writing.
10.3 Unless YachtsToShare has given you
specific written permission to do so, you may not assign (or grant a
sub-license of) your rights to use the Software, grant a security interest in
or over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights
you already hold in Content which you submit, post or display on or through,
the Services. By submitting, posting or displaying the content you give
YachtsToShare a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit, post or
display on or through, the Services. This license is for the sole purpose of
enabling YachtsToShare to display, distribute and promote the Services and may
be revoked for certain Services as defined in the Additional Terms of those
Services.
11.2 You agree that this license includes a
right for YachtsToShare to make such Content available to other companies,
organizations or individuals with whom YachtsToShare has relationships for the
provision of syndicated services, and to use such Content in connection with
the provision of those services.
11.3 You understand that YachtsToShare, in
performing the required technical steps to provide the Services to our users,
may (a) transmit or distribute your Content over various public networks and in
various media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of connecting
networks, devices, services or media. You agree that this license shall permit
YachtsToShare to take these actions.
11.4 You confirm and warrant to YachtsToShare
that you have all the rights, power and authority necessary to grant the above
license.
12. Ending your relationship with
YachtsToShare
12.1 The Terms will continue to apply until
terminated by either you or YachtsToShare as set out below.
12.2 If you want to terminate your legal
agreement with YachtsToShare, you may do so by (a) notifying YachtsToShare at
any time and (b) closing your accounts for all of the Services which you use,
where YachtsToShare has made this option available to you. Your notice should
be sent, in writing, to YachtsToShare’s address which is set out at the
beginning of these Terms.
12.3 YachtsToShare may at any time, terminate
its legal agreement with you if:
(A) you have breached any provision of the
Terms (or have acted in manner which clearly shows that you do not intend to,
or are unable to comply with the provisions of the Terms); or
(B) YachtsToShare is required to do so by
law (for example, where the provision of the Services to you is, or becomes,
unlawful); or
(C) the partner with whom YachtsToShare
offered the Services to you has terminated its relationship with YachtsToShare
or ceased to offer the Services to you; or
(D) YachtsToShare is transitioning to no
longer providing the Services to users in the country in which you are resident
or from which you use the service; or
(E) the provision of the Services to you by
YachtsToShare is, in YachtsToShare’s opinion, no longer commercially
viable.
12.4 Nothing in this Section shall affect
YachtsToShare’s rights regarding provision of Services under Section 4 of
the Terms.
12.5 When these Terms come to an end, all of
the legal rights, obligations and liabilities that you and YachtsToShare have
benefited from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely,
shall be unaffected by this cessation, and the provisions of paragraph 20.7
shall continue to apply to such rights, obligations and liabilities
indefinitely.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING
SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT YachtsToShare’S WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS
OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS,
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH
ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE
PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, YachtsToShare, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO
YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR
REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A
RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE
CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM YachtsToShare OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 YachtsToShare FURTHER EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH
14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YACHTSTOSHARE, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU
FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT
BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED
BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH YACHTSTOSHARE MAY
MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR
FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE
YACHTSTOSHARE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR
ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON YACHTSTOSHARE’S
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
YACHTSTOSHARE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES ARISING.
15. Copyright and trade mark policies
15.1 It is YachtsToShare’s policy to
respond to notices of alleged copyright infringement that comply with
applicable international intellectual property law (including, in the United
States, the Digital Millennium Copyright Act) and to terminating the accounts
of repeat infringers.
15.2 YachtsToShare operates a trade mark
complaints procedure in respect of YachtsToShare’s advertising business,
details of which can be obtained through our
http://www.yachtstoshare.com/contactus.htm
page.
16. Advertisements
16.1 Some of the Services are supported by
advertising revenue and may display advertisements and promotions. These
advertisements may be targeted to the content of information stored on the
Services, queries made through the Services or other information.
16.2 The manner, mode and extent of
advertising by YachtsToShare on the Services are subject to change without
specific notice to you.
16.3 In consideration for YachtsToShare
granting you access to and use of the Services, you agree that YachtsToShare
may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to
other web sites or content or resources. YachtsToShare may have no control over
any web sites or resources which are provided by companies or persons other
than YachtsToShare.
17.2 You acknowledge and agree that
YachtsToShare is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.
17.3 You acknowledge and agree that
YachtsToShare is not liable for any loss or damage which may be incurred by you
as a result of the availability of those external sites or resources, or as a
result of any reliance placed by you on the completeness, accuracy or existence
of any advertising, products or other materials on, or available from, such web
sites or resources.
18. Changes to the Terms
18.1 YachtsToShare may make changes to the
Universal Terms or Additional Terms from time to time. When these changes are
made, YachtsToShare will make a new copy of the Universal Terms available at
http://www.yachtstoshare.com/tandc.htm
and any new Additional Terms will be made available to you from within, or
through, the affected Services.
18.2 You understand and agree that if you use
the Services after the date on which the Universal Terms or Additional Terms
have changed, YachtsToShare will treat your use as acceptance of the updated
Universal Terms or Additional Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you
may (as a result of, or through your use of the Services) use a service or
download a piece of software, or purchase goods, which are provided by another
person or company. Your use of these other services, software or goods may be
subject to separate terms between you and the company or person concerned. If
so, the Terms do not affect your legal relationship with these other companies
or individuals.
19.2 The Terms constitute the whole legal
agreement between you and YachtsToShare and govern your use of the Services
(but excluding any services which YachtsToShare may provide to you under a
separate written agreement), and completely replace any prior agreements
between you and YachtsToShare in relation to the Services.
19.3 You agree that YachtsToShare may provide
you with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
19.4 You agree that if YachtsToShare does not
exercise or enforce any legal right or remedy which is contained in the Terms
(or which YachtsToShare has the benefit of under any applicable law), this will
not be taken to be a formal waiver of YachtsToShare’s rights and that
those rights or remedies will still be available to YachtsToShare.
19.5 If any court of law, having the
jurisdiction to decide on this matter, rules that any provision of these Terms
is invalid, then that provision will be removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
19.6 You acknowledge and agree that each
member of the group of companies of which YachtsToShare is the parent shall be
third party beneficiaries to the Terms and that such other companies shall be
entitled to directly enforce, and rely upon, any provision of the Terms which
confers a benefit on (or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with
YachtsToShare under the Terms, shall be governed by the laws of the State of
California without regard to its conflict of laws provisions. You and
YachtsToShare agree to submit to the exclusive jurisdiction of the courts
located within the county of Orange, California to resolve any legal matter
arising from the Terms. Notwithstanding this, you agree that YachtsToShare
shall still be allowed to apply for injunctive remedies (or an equivalent type
of urgent legal relief) in any jurisdiction.
