Your use of the Website and/or Mobile App is subject to your acceptance of our Policies.
You indicate your acceptance of our Policies and all of the terms and conditions contained or referenced in our Policies by clicking on the “Sign up” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “Sign Up” button, you accept our Policies and agree to the terms, conditions and notices contained or referenced herein.
Maritime Yacht Services reserves the right, at any time, to modify or replace these Terms of Service (“TOS”) with or without notice except as described below. The most recent version of these TOS is available at [webpage]. Please check these TOS periodically for changes, though we may also notify you via email, click through notifications, or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Website and/or the Mobile App. Your use of the Website and/or the Mobile App following the posting of any changes to these TOS constitutes acceptance of those changes. Our most current TOS may be viewed at any time at: http://www.maritimeyachtservices.com.
You are required to register to access certain features of the Website and/or Mobile App. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these TOS, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
We hereby grant you a limited, non-exclusive, non-transferable license to access and use the Website and/or Mobile App in legally authorized jurisdictions for personal non-commercial purposes only. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Website and/or Mobile App.. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WEBSITE AND/OR MOBILE APP NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. You agree to abide by these TOS and not to use the Website and/or Mobile App in any manner not expressly permitted by these TOS.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website and/or Mobile App. You acknowledge that our materials are protected by copyright law and agree that you will not reprint, republish, or distribute any information found on the Website and/or Mobile App. Further, you acknowledge that all copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) featured on the Website and/or Mobile App, or related to any products and services provided by Maritime Yacht Services belong to Maritime Yacht Services and/or its subsidiaries, partners or affiliates. Nothing in our Policies grants you a right or license to use any trademark, design right or copyright owned or controlled by Maritime Yacht Services or any of its subsidiaries, partners or affiliates, or any other third party, except as expressly provided in this TOS.
You are responsible for maintaining the confidentiality of your password and for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Website and/or Mobile App shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you logout from your account at the end of each session.
You agree and understand that the services we make available through the Website and/or Mobile App may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications implemented after your initial access to the Website and/or Mobile App shall be subject to these TOS. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, profile information, sounds, photographs, graphics, video, messages or other materials made available via the Website and/or Mobile App by any user (all such items provided by users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these TOS, including without limitation, by removing any User Content posted in violation of these TOS, terminating the registration of such violators or blocking such violators’ use of the Website and/or Mobile App.
Your use of the Website and/or Mobile App are at your own risk. Maritime Yacht Services makes no warranties or representations as to the materials, information, products, and services included in the Website and/or Mobile App and assumes no liability or responsibility for any errors or omissions therein. Maritime Yacht Services expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of non-infringement, merchantability and fitness for a particular purpose.
Maritime Yacht Services disclaims any warranties for any information or advice obtained through the Website and/or Mobile App. Maritime Yacht Services disclaims any warranties for services or goods received through any links on the Website and/or Mobile App, as well as for any information or advice received through any such links.
Maritime Yacht Services disclaims any warranties regarding the security, reliability, timeliness, and performance of its services. Maritime Yacht Services shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.
Maritime Yacht Services also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, mobile device or other property on account of your access to, use of, or browsing in the Website and/or Mobile App or your downloading of any materials from the Website and/or Mobile App.
You may not use information available on the Website and/or Mobile App for any purpose other than the purposes expressly permitted in these TOS.
For instance, you may not use the Website and/or Mobile App, or any information made available via the Website and/or Mobile App to:
a. Send out unsolicited emails or promotional materials;
b. Upload, post, e-mail, transmit, or otherwise make available any information, data, text, messages, or other materials (“Content”) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
c. Impersonate any person or entity, or to otherwise falsely state your affiliation with a person or entity;
d. Manipulate identifiers to disguise the origin of any Content posted on the Website and/or Mobile App;
e. Upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
f. Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt the functionality of any computer equipment, mobile device or otherwise; or
g. Use any means of accessing the Website and/or Mobile App to collect or store personal data about other users without Maritime Yacht Services written consent.
h. Create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users enjoyment of the Website and/or Mobile App.
Without limiting the generality of any other provisions of these TOS, you agree:
You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these TOS, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You are solely responsible for any User Content you post, publish or display on the Website and/or Mobile App or transmit to users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other user, or any other entity or individual, in connection with the Website and/or Mobile App. You are solely responsible for the resolution of any disputes that arise between you and any other user or any other entity or individual.
You will post only User Content you believe in good faith to be true and accurate, and you will not post any User Content that is false, inaccurate, misleading or fraudulent.
By uploading User Content to the Website and/or Mobile App, you hereby grant, and represent and warrant that you own or control all rights and authority necessary to grant, (i) us, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these TOS, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user’s personal use.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Website and/or Mobile App or in connection with our services are the proprietary property of us or our licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Website and/or Mobile App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Website and/or Mobile App without the express written permission of the trademark owner.
Unless expressly granted, nothing in these TOS shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
If you believe any User Content or any other aspect of the Website and/or Mobile App infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Website and/or Mobile App;
3. Your address, telephone number and email address;
4. 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;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Website and/or Mobile App may be reached at the following address:
Copyright Agent 516 Northwood rd, #8157, West Palm Beach, Florida 33407 Or by email: firstname.lastname@example.org . If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our above-designated copyright agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Southern District of Florida, Palm Beach, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE AND/OR MOBILE APP, IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE WEBSITE AND/OR MOBILE APP, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED IN THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE AND/OR MOBILE APP. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE AND/OR MOBILE APP OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN NO EVENT WILL WE BE LIABLE TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATING TO ANY USE, INABILITY TO USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold us and our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives harmless from any losses, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to the Website and/or Mobile App, (ii) your use of the Website and/or Mobile App, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these TOS, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Maritime Yacht Services in its sole discretion may terminate your use of the Website and/or Mobile App and will not be liable to you for any loss as a result of this termination, including any fees and/or charges.
You agree that any dispute relative to the Website and/or Mobile App, or use or inability to use the same will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You also agree that any action based on or alleging a breach of our Policies shall be brought only in a state or federal court located in Palm Beach County, Florida. If we prevail in any such action, we shall be entitled to also recover our legal fees and costs
If for any reason a court of competent jurisdiction finds any portion of our Policies to be unenforceable, the remainder of the Agreement will continue in full force and effect.
Our Policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, written or oral, regarding such subject matter. Any waiver of any provision of our Policies will be effective only if in writing and signed by Maritime Yacht Services.
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