MyBoatDetails.com

TERMS & CONDITIONS OF USE AND ACCEPTABLE USE POLICY

Updated 18 February 2003 (changes to body text are represented in bold)

This MyBoatDetails.com terms and conditions of use agreement and acceptable use policy (the “Agreement”) provides important information about your MyBoatDetails.com membership, please make sure you read and understand it.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED. NO CHANGES, ADDITIONS OR DELETIONS WILL BE ACCEPTED BY MyBoatDetails.com.

MyBoatDetails.com may change, add or remove any part of this Agreement, or any part of the MyBoatDetails.com services and features, including price, at any time. If it does so, MyBoatDetails.com will make every effort to post such changes on the MyBoatDetails.com site.

Should future changes be unacceptable to you, you should discontinue using MyBoatDetails.com. Continuing to use MyBoatDetails.com now, or after the notice of any such changes, will indicate your acceptance of this agreement, and any such changes.

Using MyBoatDetails.com

You can be any age to become a MyBoatDetails.com account holder. However, if you under 16 years old, you must obtain parental consent and payment will have to be made by a person with a credit card.

This Agreement is a legal document that sets forth your rights and obligations as a MyBoatDetails.com user. You cannot advertise your boat on MyBoatDetails.com until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use MyBoatDetails.com.

When you accept this Agreement and register with MyBoatDetails.com, you become an account holder. As a MyBoatDetails.com account holder, MyBoatDetails.com provides you with a limited, non-exclusive licence for no more than the term of your payment period to use your member name (your email address) and your chosen password. Your email address is your member name, when registration is confirmed by MyBoatDetails.com, this is how you are identified to us. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately and may be suspended.

Trial Period / Free Use

You must become a MyBoatDetails.com member in order to publish details of your boat and to create your website.

An account can be created but will not be published until payment is made if paying by credit / debit card .

Once registered, you agree that MyBoatDetails.com will have the right to send you communications, notices and news about MyBoatDetails.com, to the email address you have given us.

If you decide not to pay for your account after the 7 days your access to MyBoatDetails.com will continue but others will not be able to view your finished boat website. Content created in MyBoatDetails.com during the 7 day period will not be deleted for a period of six months. So you can active your account simply by making the appropriate payment.

Representation of Information

Details of boats for sale published must be correct and accurate to the best of the user's knowledge. MyBoatDetails.com will not be held responsible for any misrepresentation either accidental or intentional.

Buying / Selling a Boat

All subsequent sales transactions are the sole responsibility of the vendor and buyer. We will not represent either party in negotiations nor dispute.

MyBoatDetails.com cannot and does not guarantee that any boat currently or formerly listed on the MyBoatDetails.com website is available for sale. Whether details are listed on the MyBoatDetails.com site or not it is at the sole discretion of the vendor of the boat as to whether the boat will be sold, to whom it will be sold, at the price to be sold and what the terms and format of the financial transaction will be.

Payment

If you decide to become a registered member of MyBoatDetails.com, you agree to pay all charges for MyBoatDetails.com at the prices set forth on the MyBoatDetails.com site and upon the terms set forth on that site and in this Agreement.

All charges are inclusive of or exempt from UK value added tax (“VAT”). MyBoatDetails.com reserves the right to change prices or to institute new charges for MyBoatDetails.com or any portion or part of MyBoatDetails.com at any time. However, current members who have paid for a determined period of time will not be affected by increase or refunds until such time as they renew a payment period.

Price changes and institution of new charges implemented during your membership period will apply to subsequent payment periods and to all new MyBoatDetails.com users after the effective date of the change. Changes to pricing will be published on the MyBoatDetails.com website. Such posting shall be considered sufficient notice of such changes.

It is your responsibility for reviewing pricing information as posted so that you have notice of such changes. Your continued use of MyBoatDetails.com, or your renewal of payment as appropriate, after any such changes are posted or effective constitutes your acceptance of the prices for subsequent payment periods.

You do not need to provide notice should you wish not to renew your MyBoatDetails.com membership. Once your payment period has expired, should you choose not to renew your final boat website will cease to be visible to other users.

You will receive an email to your registered email address prior to the expiration of your payment period as a reminder should your boat not be sold and you wish to continue using the service.

Cancellation

MyBoatDetails.com will not accept cancellations of any membership or “add-on” service in the middle of or part way through a payment period.

Should you wish to remove your final boat site from the Internet at any time you can do so by logging on to the “edit” page and clicking the “unpublish” link.

If your boat is sold, or you no longer wish to use the service prior to the end of your chosen payment period, no refund will be given for the pro-rata days or months remaining.

Availability of the Service

While MyBoatDetails.com will make all reasonable efforts to ensure that MyBoatDetails.com is available at all times. MyBoatDetails.com does not guarantee, represent or warrant that the MyBoatDetails.com services will be uninterrupted or error-free, and MyBoatDetails.com does not guarantee that users will be able to access or use all the MyBoatDetails.com features or services at all times.

MyBoatDetails.com may suspend, change or discontinue any or all aspects of the MyBoatDetails.com website or services at any time, including the availability of any MyBoatDetails.com features or content. MyBoatDetails.com may also impose limits on the use of or access to certain features or portions of MyBoatDetails.com, or restrict your access to any part or all of MyBoatDetails.com, in all cases without notice or liability.

MyBoatDetails.com does not guarantee or warrant that any content or data you may have in your account at MyBoatDetails.com will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer or other suitable medium, all important data, images or other content.

MyBoatDetails.com will not be responsible for any archiving or backup of any such information. If any data, images or other content in your account and stored on the MyBoatDetails.com system is damaged, lost or corrupted in any way, MyBoatDetails.com will have no obligation or liability to you.

MyBoatDetails.com will endeavour to supply you a URL (web address) containing your boat name e.g. MyBoatDetails.com/yourboat. If another boat is registered with us with the same name we will add a number to the end of your boat name in order to make it unique such as MyBoatDetails.com/yourboat1.

MyBoatDetails.com reserves the right to change the format of the URL (web address) for your site should the need arise.

Acceptable Use Policy Guidelines

These rules and standards are described in this Agreement. As a MyBoatDetails.com user, you agree to comply with this Agreement, and you acknowledge that MyBoatDetails.com has the right to enforce this Agreement in its sole discretion.

If you, or anyone using your MyBoatDetails.com account, violate the terms of this Agreement, MyBoatDetails.com may take appropriate actions which may range from the issuance of a warning about a violation to the termination of your access privileges for MyBoatDetails.com to legal action as MyBoatDetails.com deems necessary or appropriate. MyBoatDetails.com is not required to provide notice prior to terminating your MyBoatDetails.com access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct, and the conduct of anyone using your account while using MyBoatDetails.com, including all content information, images or other interactions generated, transmitted or maintained on or through your MyBoatDetails.com account.

MyBoatDetails.com will not be responsible or liable in any way for any such on-line distribution or publication. MyBoatDetails.com reserves the right to monitor members’ use of MyBoatDetails.com and MyBoatDetails.com will not be responsible for anything in any of those messages or content.

MyBoatDetails.com reserves the right to delete, move or edit any item that MyBoatDetails.com, in its sole discretion, deems obscene, abusive, defamatory, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material MyBoatDetails.com believes may subject MyBoatDetails.com to any liability or which may cause MyBoatDetails.com to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) or web hosting company which may provide services to MyBoatDetails.com users.

A member’s use of MyBoatDetails.com should conform to law, respect the rights of other users of MyBoatDetails.com and third parties, and current standards for communicating and conveying information on-line.

By using MyBoatDetails.com, you agree to use appropriate conduct and language when you are online including (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable laws (including foreign or international law where appropriate).

MyBoatDetails.com reserves the right to terminate your access to your MyBoatDetails.com account at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account ), your infringement of MyBoatDetails.com’s or MyBoatDetails.com’s or others’ content, or any other circumstances which, in MyBoatDetails.com’s sole discretion, merit termination. Any such termination may, if MyBoatDetails.com elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are listed below, although this list is not exclusive.

Illegal and Prohibited Conduct

MyBoatDetails.com may be used only for proper lawful purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject MyBoatDetails.com to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. “Content” means the text, communications, images and all other information and materials you encounter, generate or publish through your account.

If MyBoatDetails.com decides to terminate your right to use MyBoatDetails.com as a result of any illegal or prohibited conduct, MyBoatDetails.com may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

Examples of prohibited conduct are:

• Posting any obscene content (including child pornography or pornographic pictures considered legal in the UK)


• Posting details or instructions for any illegal activity, such as bomb building or counterfeiting money
  


• Advertising or promoting a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related material
  


• Pretending to be anyone you are not. You may not impersonate or misrepresent yourself as another person, another MyBoatDetails.com user, a MyBoatDetails.com employee, or a civic or government leader; MyBoatDetails.com reserves the right to reject or block any MyBoatDetails.com user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
  


• Using false statements to get, or to attempt to get, account information or other private information from other MyBoatDetails.com or Internet users
  


• Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

If you believe that illegal or other prohibited Content is being transmitted through any MyBoatDetails.com service, you may report it by sending details via email to abuse@MyBoatDetails.com.

MyBoatDetails.com reserves the right to cooperate with the police or other law enforcement authorities, including complying with warrants and court orders. If MyBoatDetails.com decides to investigate or resolve possible misuse involving you or anything you do on MyBoatDetails.com, MyBoatDetails.com is entitled to disclose any information about you in MyBoatDetails.com’s possession in connection with your use of MyBoatDetails.com and anything you do with MyBoatDetails.com to law enforcement or other government officials, as MyBoatDetails.com in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of MyBoatDetails.com, you authorise MyBoatDetails.com to take any such actions.

Objectionable Conduct and Content

All Content on MyBoatDetails.com must reflect the provisions of this Agreement. MyBoatDetails.com reserves the right to remove Content if MyBoatDetails.com becomes aware of any Content in any MyBoatDetails.com area which, in MyBoatDetails.com’s judgment, does not conform to this Agreement. MyBoatDetails.com may send you a warning via email about such a violation of this Agreement if your MyBoatDetails.com account was responsible for publishing objectionable Content on the MyBoatDetails.com website, but we reserve the right not to do so. At all times, MyBoatDetails.com reserves the right to terminate, with or without notice, the accounts of MyBoatDetails.com users who violate this Agreement. In such case, you will not be entitled to any refund of any payment made or of any additional fees you may have paid for other services.

Examples of objectionable conduct and Content that violates the MyBoatDetails.com acceptable use policy are:

• Threatening, harassing or embarrassing another MyBoatDetails.com user or member, Internet user, group, organisation or other body


• Publishing any unsolicited commercial communications


• Publishing, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable


• Posting Content that defames, abuses or threatens physical harm to others or yourself

If you encounter something you find inappropriate on the MyBoatDetails.com site, you may report it by emailing details to abuse@MyBoatDetails.com.

Inappropriate Content

Content published by registered members may only be related to the boat they are selling. People or organisations may not use the service to advertise or promote unrelated or related business or personal activities or services and any such content may be removed without redress or notice.

Infringement of Copyright and Intellectual Property Rights

Much of the Content available through MyBoatDetails.com is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using MyBoatDetails.com, make sure you have been given the legal right to do so by the owner of the content.

• You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the Content you find through MyBoatDetails.com, unless you have the legal right to do so.


• You must not make available serial numbers for software for the purpose of illegally validating or registering software.

Making unauthorised copies of any Content could lead to the owner of the Content taking criminal or civil action against you. If a Content owner takes legal action against MyBoatDetails.com because of your unauthorised use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify MyBoatDetails.com, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of MyBoatDetails.com hiring legal professionals to defend against the action.

By submitting, uploading or posting Content to your area of MyBoatDetails.com site that is accessible to the public, you are representing that you are the owner of such material or have authorisation to distribute it. You hereby grant MyBoatDetails.com a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said licence will be in effect only as long as you are a MyBoatDetails.com account holder (including any trial period use), and will terminate upon removal of such Content from the public area or when you are no longer a MyBoatDetails.com member or user, whichever happens first.

If you believe that any Content in which you claim copyright has been infringed by anyone using MyBoatDetails.com, it is your responsibility to take the necessary action.

Violations of System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. MyBoatDetails.com will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement.

Examples of system and network security violations include the following:

• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express written authorisation of the owner of the system or network


• Unauthorised monitoring of data or traffic on any network or system without the express written authorisation of the owner of the system or network


• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks


• Falsifying your user identity or providing other false information to MyBoatDetails.com or to other users of MyBoatDetails.com in connection with your use of MyBoatDetails.com or any feature of MyBoatDetails.com


• Posting viruses or software designed to create a virus or to do harm to MyBoatDetails.com, any MyBoatDetails.com members or users of MyBoatDetails.com, or any network


• Taking any other action to disrupt the normal use of MyBoatDetails.com or the Internet by other users


• Use of software that allows your account to stay logged on while you are not actively using the account.

MyBoatDetails.com has been designed primarily for personal use. MyBoatDetails.com is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet.

MyBoatDetails.com accounts are not to be operated or accessed via FTP, telnet or other software other than a web browser.

MyBoatDetails.com accounts and the features and services which make up MyBoatDetails.com are limited in terms of and disk utilisation for storage of text details and images.

MyBoatDetails.com sets a limit of 60 KB per image to be uploaded. This is to prevent excessive uploading to MyBoatDetails.com servers. Any images uploaded to a member’s area and subsequently removed by the member are then deleted from MyBoatDetails.com servers.

In addition to the MyBoatDetails.com account limitations on disk utilisation, certain commercial or business uses are prohibited, including the following:

• Soliciting for advertisers or sponsors


• Posting sponsorships and third-party advertisements and banners


• Reselling, renting or subleasing MyBoatDetails.com space or services under any circumstance


• Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters

Investigations

MyBoatDetails.com reserves the right to monitor all MyBoatDetails.com features and Content in order to detect violations of this Agreement. As a MyBoatDetails.com member, you agree to comply with the terms of this Agreement, and acknowledge that MyBoatDetails.com has the right to monitor your use of MyBoatDetails.com. You also expressly agree that MyBoatDetails.com has the right to investigate suspected violations of this Agreement and to enforce this Agreement, in its sole discretion. When MyBoatDetails.com becomes aware of possible violations, MyBoatDetails.com may initiate an investigation, which may include gathering information from any MyBoatDetails.com user involved, any third party and any complaining party.

During any investigation, MyBoatDetails.com may suspend, terminate or remove any or all MyBoatDetails.com user accounts involved and/or remove or suspend the Content involved from MyBoatDetails.com’s system. If MyBoatDetails.com believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the MyBoatDetails.com system, warnings to the MyBoatDetails.com user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, MyBoatDetails.com believes that any criminal activity has occurred, MyBoatDetails.com reserves the right to refer the matter to, and to cooperate with the police and/or other appropriate law enforcement authorities.

By becoming a MyBoatDetails.com user or member, you are agreeing to waive any claims you may have against MyBoatDetails.com, and to hold MyBoatDetails.com harmless and indemnify MyBoatDetails.com with respect to any claims, relating to any action taken by MyBoatDetails.com as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue MyBoatDetails.com or recover any damages whatsoever from MyBoatDetails.com As a result of its decision to remove material from the MyBoatDetails.com system, to warn you, to suspend or terminate your MyBoatDetails.com account, or to take any other action during the investigation of a suspected violation or as a result of MyBoatDetails.com’S conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

Software Licences

If you access MyBoatDetails.com through downloaded software or a CD-ROM, then these provisions relating to software licences apply to you. Nothing in these provisions, however, supersedes any terms of any end-user licence for software provided with your computer or any separate software application provided to you as part of MyBoatDetails.com.

MyBoatDetails.com provides you with a limited licence to use the software providing access to MyBoatDetails.com, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. MyBoatDetails.com will occasionally provide automatic upgrades to improve your on-line experience.

MyBoatDetails.com grants to you a non-exclusive, limited licence to use the software designed to provide access to MyBoatDetails.com for the sole purpose of connecting you to MyBoatDetails.com to view details and operate your account. This licence is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorised by this agreement. You understand that MyBoatDetails.com’s introduction of various technologies may not be consistent across all platforms and that the performance and some MyBoatDetails.com features may vary depending on your computer and systems and other equipment.

Authorisation to Remove Content

MyBoatDetails.com reserves the right to disable your access to MyBoatDetails.com and to remove any Content you may have stored on MyBoatDetails.com under the following circumstances:

• At the end of any trial period, if you do not elect to pay for a determined period.
  
• Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
  
• If your payment is declined by our bank upon payment or renewal of your account.

MyBoatDetails.com will notify you, where possible, via email to your registered Email address that your access to MyBoatDetails.com will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MyBoatDetails.com SERVICES ARE AT YOUR SOLE RISK. MyBoatDetails.com SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

MyBoatDetails.com DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH MyBoatDetails.com WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. MyBoatDetails.com’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY MyBoatDetails.com SHALL BE CANCELLATION OF YOUR ACCOUNT.

IN NO CASE SHALL MyBoatDetails.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF MyBoatDetails.com OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MyBoatDetails.com USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MyBoatDetails.com’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MyBoatDetails.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH MyBoatDetails.com AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH MyBoatDetails.com. YOU HEREBY RELEASE MyBoatDetails.com FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

Notices

MyBoatDetails.com may give notice to any MyBoatDetails.com user by sending an e-mail to the user’s registered email address. MyBoatDetails.com users may contact MyBoatDetails.com by emailing info@MyBoatDetails.com or via other methods listed on the MyBoatDetails.com website.

Legal Principles

With respect to MyBoatDetails.com, this Agreement represents your entire agreement with MyBoatDetails.com. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a MyBoatDetails.com user, and MyBoatDetails.com.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the England and Wales govern this agreement and your use of MyBoatDetails.com. Your conduct and use of MyBoatDetails.com may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MyBoatDetails.com regarding MyBoatDetails.com or relating in any way to your account or your use of MyBoatDetails.com resides in the courts of England and Wales.