The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LiveYachting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
In order to access some features of the Website, you will have to create a LiveYachting account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LiveYachting immediately of any breach of security or unauthorized use of your account.
1. The LiveYachting.com Account and the Site and content:
You hereby understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (”Content”) posted on, transmitted through, or linked from LiveYachting, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (”Item”) of Content that you post or submit, email or otherwise make available via the Service. You understand that LiveYachting does not control, and is not responsible for Content made available through LiveYachting, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, website and Content available through the Service may contain links to other websites, which are completely independent of LiveYachting. LiveYachting makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will LiveYachting be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that LiveYachting does not pre-screen or approve Content, but that LiveYachting shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the agreement or for any other reason.
If you submit information or content on the website, you are responsible for maintaining the security of your account and that information or content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the information or content. You must not describe or assign keywords to your information or content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LiveYachting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LiveYachting liability. You must immediately notify LiveYachting of any unauthorized uses of the information or content, your account or any other breaches of security. LiveYachting will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicences of the foregoing.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (”Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
As a LiveYachting account holder you may submit video content (”User Videos”) and textual content (”User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, LiveYachting does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize LiveYachting to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
By submitting User Submissions to LiveYachting, you hereby grant LiveYachting a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the LiveYachting Website and LiveYachting’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the LiveYachting Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the LiveYachting Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the LiveYachting Service. You understand and agree, however, that LiveYachting may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LiveYachting all of the license rights granted herein.
LiveYachting does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LiveYachting expressly disclaims any and all liability in connection with User Submissions. LiveYachting does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LiveYachting will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. LiveYachting reserves the right to remove Content and User Submissions without prior notice.
2. Responsibility and Conduct of Contributors:
If you submit information or content, comment on the information or content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
o the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
o if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
o you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
o the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
o the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
o the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
o the information or content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, the information or content’s subject, name, category, keyword, URL, name or other description or mark whatsoever is not the name of a person other than yourself or company other than your own; and
o you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LiveYachting or otherwise.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates equal employment opportunities, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that impersonates any person or entity, including, but not limited to, a LiveYachting employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that includes personal or identifying information about another person without that person’s explicit consent;
h) that is false, deceptive, misleading, deceitful, missinformative, or constitutes “bait and switch”;
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
j) that constitutes or contains “affiliate marketing,” “link referral code,”
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the LiveYachting sites which are not designated for such purposes; or emailed to LiveYachting users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed in “services”;
m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law or morality. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
q) use any form of automated device or computer program that enables the submission of postings on LiveYachting without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
By submitting Content to LiveYachting for inclusion on the Website, you grant LiveYachting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the information or content.
Without limiting any of those representations or warranties, LiveYachting has the right (though not the obligation) to, in LiveYachting’s sole discretion (i) refuse or remove any content that, in LiveYachting’s reasonable opinion, violates any LiveYachting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LiveYachting’s sole discretion. LiveYachting will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors:
LiveYachting has not reviewed, and cannot review, all of the material, information or content, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, LiveYachting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LiveYachting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Additionally, you agree not to:
a) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
b) “stalk” or otherwise harass anyone;
c) collect personal data about other users for commercial or unlawful purposes;
d) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by LiveYachting;
e) post non-industry or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
f) post the same item or service more than once;
g) attempt to gain unauthorized access to LiveYachting ’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the LiveYachting website; or
4. Content Posted on Other Websites, Third Party Content, Websites, and Services:
We have not reviewed, and cannot review, all of the material, the information or content including computer software, made available through the website and webpages to which LiveYachting.com links, and that link to LiveYachting.com.
LiveYachting does not have any control over those non- LiveYachting websites and webpages, and is not responsible for their contents or their use. By linking to a non- LiveYachting website or webpage, LiveYachting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LiveYachting disclaims any responsibility for any harm resulting from your use of non- LiveYachting websites and webpages.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not LiveYachting, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. LiveYachting does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LiveYachting be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The LiveYachting site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LiveYachting, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that LiveYachting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LiveYachting is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LiveYachting, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
By submitting ideas, suggestions, documents, and/or proposals (”Contributions”) to LiveYachting through its suggestion or feedback webpages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) LiveYachting is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) LiveYachting shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) LiveYachting may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of LiveYachting without any obligation of LiveYachting! to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from LiveYachting under any circumstances.
6. Paid Postings:
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the terms of service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the terms of service.
7. Copyright Infringement and Policy:
As LiveYachting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LiveYachting.com violates your copyright, you are encouraged to notify LiveYachting (see below). LiveYachting will respond to all such notices actually received, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LiveYachting or others, LiveYachting may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LiveYachting will have no obligation to provide a refund of any amounts previously paid to LiveYachting.
Notification of Violation of Copyright by Infringement Notice
If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If LiveYachting takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to LiveYachting. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to include the following or they will be deemed invalid:
An electronic signature of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit LiveYachting to find and positively identify that content;
for example we require a link to the specific post or page URL that contains the content and a description of which specific portion of the post – an image, a link, the text, etc – your complaint refers to;
Your name, address, telephone number and email address; and
A statement by you:
(a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and
(b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to firstname.lastname@example.org
8. Intellectual Property:
This Agreement does not transfer from LiveYachting to you any LiveYachting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LiveYachting or LiveYachting.com, the LiveYachting.com logo, and all other trademarks, service marks, graphics and logos used in connection with LiveYachting.com, or the Website are trademarks or registered trademarks of LiveYachting or LiveYachting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LiveYachting or third-party trademarks.
LiveYachting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LiveYachting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. LiveYachting reserves the right, at its sole discretion, to modify or replace any part of the LiveYachting.com website and any or all the information or content within it.
LiveYachting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LiveYachting.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that LiveYachting, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LiveYachting believes that you have acted inconsistently with the letter or spirit of the terms. Further, you agree that LiveYachting shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the terms.
11. Limitations of Service:
You acknowledge that LiveYachting may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LiveYachting has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LiveYachting reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LiveYachting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Disclaimer of Warranties:
The Website is provided “as is”. LiveYachting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LiveYachting nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LiveYachting AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LiveYachting AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LiveYachting OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE terms of service.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13. Limitation of Liability:
In no event will LiveYachting, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LiveYachting under this agreement during the twelve (12) month period prior to the cause of action. LiveYachting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LiveYachting AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LiveYachting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. General Representation and Warranty:
15. Privacy and Information Disclosure:
You agree to indemnify and hold LiveYachting, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the terms of service, your breach of any of the representations and warranties herein, or your violation of any rights of another.
This Agreement constitutes the entire agreement between LiveYachting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LiveYachting, or by the posting by LiveYachting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the New Zealand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be New Zealand. The arbitration shall take place in New Zealand, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LiveYachting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Access to the LiveYachting Website:
LiveYachting grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents;
or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by LiveYachting.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
LiveYachting permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the terms of service, absent express permission granted by LiveYachting to do so. You may also create a hyperlink to the home page of LiveYachting sites so long as the link does not portray LiveYachting, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
LiveYachting offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. LiveYachting permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web information or content, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘LiveYachting’ as the source, (d) your use or display does not suggest that LiveYachting promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden LiveYachting’s systems. LiveYachting reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by LiveYachting immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from LiveYachting.
19. Proprietary Rights:
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LiveYachting. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LiveYachting, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. LiveYachting is a registered trademark.
Although LiveYachting does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to LiveYachting an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant LiveYachting all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
18. General Information:
The terms of service constitute the entire agreement between you and LiveYachting and govern your use of the Service, superseding any prior agreements between you and LiveYachting. The terms of service and the relationship between you and LiveYachting shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and LiveYachting agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. The failure of LiveYachting to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Violation of Terms:
Please report any violations of the terms of service, by flagging the posting(s) for review, or by emailing to: email@example.com
Any failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for LiveYachting to pursue legal action to enforce these Terms, you will be liable to pay LiveYachting the following amounts as liquidated damages, which you accept as reasonable estimates of LiveYachting ‘ damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay LiveYachting one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If terms of service establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LiveYachting one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access LiveYachting in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to LiveYachting email addresses or through LiveYachting computer systems, you agree to pay LiveYachting twenty five dollars ($25) for each such email.
d. If you post Content in violation of the terms of service, other than as described above, you agree to pay LiveYachting one hundred dollars ($100) for each Item of Content posted. In its sole discretion, LiveYachting may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the terms of service, in addition to any liquidated damages under clause (d), you agree to pay LiveYachting one hundred dollars ($100) for each and every Item you post in violation of the terms of service. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the terms of service) agrees to pay LiveYachting an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the terms of service.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without LiveYachting ’s express written permission, you agree to pay LiveYachting three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay LiveYachting’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, LiveYachting retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
21. No Resale of Service:
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.
22. Services Relating to Financial matters:
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. LiveYachting and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. No Third Party beneficiaries:
You agree that, except as otherwise expressly provided in this terms of service, there shall be no third-party beneficiaries to this agreement.
24. Entire Agreement:
The terms of service constitutes the entire agreement between you and LiveYachting and governs your use of the Service, superseding any prior agreements between you and LiveYachting with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LiveYachting services, affiliate services, third-party content or third-party software.
25. Waiver and Severability of Terms:
The failure of LiveYachting to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect.
26. No Right of Survivorship and Non-Transferability:
You agree that your LiveYachting account is non-transferable and any rights to your LiveYachting ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
27. Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the terms of service are for convenience only and have no legal or contractual effect.