Terms of Use

Terms of Use Agreement

October, 2012

1. GENERAL

YachtingJournal.com is produced by Maritime Activity Reports, and provides services through its websites, programs and computer servers, including but not limited to classified advertising, member accounts, and email forwarding. (All such services are referred to collectively herein as “Yachting Journal” and/or “Maritime Activity Reports.”)
By accessing or using Yachting Journal, you are a “user” and you agree to comply with and to be legally bound by these Terms of Use. If you do not accept and agree to all provisions of the Terms of Use, now or in the future, you may reject the Terms of Use by immediately terminating all access and use of Yachting Journal, in which case any continuing access or use of Yachting Journal is unauthorized.
Yachting Journal reserves the right, in its sole discretion, to revise the Terms of Use at any time. You are responsible for regularly reviewing the Terms of Use to become familiar with any changes that may be made from time to time. By using Yachting Journal, you agree to be bound by any revisions of the Terms of Use. If you do not wish to be bound by such revisions, please do not visit or use Yachting Journal.
You are required to comply with, and to ensure compliance with, all laws, ordinances and regulations of your jurisdiction are applicable to your activities on Yachting Journal.
Yachting Journal is intended and designed for adult users who have attained legal majority according to the laws of their state of residence. Access by minors or anyone who is not considered legally capable of assuming control over their persons, actions and decisions, (for any reason) is not authorized.
“Yachting Journal” is a trademark of Maritime Activity Reports and is protected by United States and international laws. You are not authorized to use “Yachting Journal ” or any similar or related marks for any use pertaining to classified advertising, internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Yachting Journal or any other Maritime Activity Reports trademarks.

2. MODERATION

Yachting Journal has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, content reports, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via Yachting Journal by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Yachting Journal) by any user (or any other third party in any manner); and to enforce the Terms of Use, for any reason and in any manner or by any means that Yachting Journal, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access).
Yachting Journal may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Yachting Journal action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms of Use by any user (or any other third party) does not waive Yachting Journal’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms of Use violation.
You also understand and agree that any action or inaction by Yachting Journal or any of its employees, consultants, agents or representatives (collectively, “Yachting Journal Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither Maritime Activity Reports nor any Yachting Journal Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms of Use.
Although Yachting Journal Representatives may moderate content, conduct and Terms of Use compliance on Yachting Journal at Yachting Journal’s discretion, Yachting Journal Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Yachting Journal will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of Yachting Journal will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Yachting Journal Representative (or by anyone else acting on behalf of Maritime Activity Reports or by anyone purportedly acting on behalf of Yachting Journal) that Maritime Activity Reports (including but not limited to any Yachting Journal Representative, anyone else acting on behalf of Yachting Journal, or anyone purportedly acting on behalf of Yachting Journal) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable.
Specifically, you agree that Maritime Activity Reports, Yachting Journal Representatives and anyone else authorized to act on behalf of Yachting Journal shall in no circumstance be liable as a result of any representation that Maritime Activity Reports, a Yachting Journal Representative or anyone else on behalf of Yachting Journal would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Maritime Activity Report’s President and dated and signed by the individual or entity to whom the modification, waiver or release is granted. Yachting Journal also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of the site or services at any time without notice. Maritime Activity Reports and Yachting Journal Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Yachting Journal provides links to other web sites that are completely independent of Yachting Journal. Maritime Activity Reports makes no representation or warranty as to the content, ownership or legality of any such linked web sites. In no event should any link to another web site be construed as an endorsement by Yachting Journal or Maritime Activity Reports of that web site, the products or services described thereon, or the veracity of content contained on that site. Site users should also be aware that such linked web sites might have privacy statements and/or terms of use that differ from those of Yachting Journal.

3. CONTENT AND CONDUCT

a. Content
All right, title and interest in and to the content displayed on Yachting Journal, including without limitation the Web sites’ look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements (“Content”), is the property of, or is used with permission by, Maritime Activity Reports, and is protected by United States and other national and international copyright and trademark laws. Maritime Activity Reports cannot guarantee the accuracy or completeness of all the Content available on Yachting Journal. Therefore, your exposure to, use of or reliance upon information on Yachting Journal is at your own risk and you are solely responsible for investigating the veracity, accuracy and completeness of such information.
Yachting Journal content and services are provided as a convenience to you and any content’s presence on Yachting Journal does not imply in any way that Maritime Activity Reports endorses such information. Maritime Activity Reports does not control, is not responsible for and makes no representations or warranties with respect to any user generated content. Users are solely responsible for their access to, use of and/or reliance on any user content. Users must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. Users are solely responsible for any content that they post or transmit and, if they choose to create an account, they are responsible for all content posted or transmitted through or by use of their account.
Only users are permitted to access password-protected areas of Yachting Journal, provided that such access is otherwise permitted by these Terms of Use. Users are not permitted to share passwords with other users or non-users or otherwise permit or facilitate any access to Yachting Journal. Individuals attempting to access or accessing Yachting Journal in violation of these Terms of Use may be subject to prosecution, including, without limitation, termination of any use of Yachting Journal and any and all of Maritime Activity Reports’ other products and services.
No part of Yachting Journal sites of services may be reproduced, altered, modified, republished, copied, transmitted or distributed for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as otherwise permitted by these Terms of Use and the Service Agreement. Nothing contained in the Terms of Use or on Yachting Journal shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of Yachting Journal’s intellectual property rights, or under any third party’s intellectual property rights.

PROHIBITED CONTENT
Content prohibited from Yachting Journal includes but is not limited to:
(1) any and all content which violates any local, state, national or international laws, rules or regulations
(2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services
(3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libelous, defamatory, slanderous, vulgar, racially, ethnically or otherwise objectionable or embarrassing to a third party)
(4) content that discloses another’s personal, confidential or proprietary information or might in any way infringe upon the privacy or publicity rights of others, including information or material which is protected by an agreement of confidentiality or which is not permissible to upload or transmit under law (or by contract or fiduciary relationships)
(5) content, information or material that you know or have reason to know to be false, misleading, or fraudulent (including but not limited to false, fraudulent or misleading responses to user ads and/or communications transmitted via Yachting Journal)
(6) malicious content including, without limitation, malware or spyware; any virus, Trojan horse or other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (including but not limited to any worm, trap door or back door that would allow unauthorized access to the Web sites, any Yachting Journal software, hardware, computing environment or network) or could erase data or programming and/or otherwise interfere with or disrupt Yachting Journal or any servers or networks connected to any and all of Maritime Activity Reports’ products and services
(7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, bulk email scrapers, generators, or harvesting programs, or any other product or service that if utilized with respect to Yachting Journal would violate these Terms of Use or Yachting Journal ’s other legal rights
(8) content which offers, promotes, advertises or provides links to unsolicited products or services (including but not limited to chain letters, junk mail, pyramid schemes, spam or other forms of advertisements or solicitations)
(9) content which engages in or is used in connection with any commercial enterprise (unless otherwise expressly authorized in the Terms of Use) particularly any enterprise which will directly or expressly benefit a competitor of Maritime Activity Reports

You automatically grant and assign to Maritime Activity Reports, and you represent and warrant that you have the right to grant and assign to Maritime Activity Reports, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Maritime Activity Reports all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content).
You agree to indemnify and hold Maritime Activity Reports and Yachting Journal Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); © your use of or reliance on any user content; and (d) your violation of the Terms of Use. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Maritime Activity Reports or Yachting Journal Representatives.

b. Conduct
Maritime Activity Reports does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to Yachting Journal, and, if you create an account on Yachting Journal, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold Maritime Activity Reports and Yachting Journal Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Yachting Journal or Yachting Journal, and related to or arising out of any conduct or activities on, through or by use of your Yachting Journal account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Maritime Activity Reports or Yachting Journal Representatives.
Neither you nor your agents may copy, reproduce, modify, publish, transmit, display, create derivative works from, frame, scrape, create links to, interfere with, or distribute in any form, or by any means, any content, unless expressly permitted by these Terms of Use or expressly authorized in writing by Maritime Activity Reports’ President. Neither you nor your agents may use, modify, adapt, reverse engineer or in any way exploit any Yachting Journal content, (including without limitation user content,) in whole or in part, except as expressly permitted by these Terms of Use.
Any unauthorized use or exploitation of Yachting Journal and/or any other Maritime Activity Reports’ sites or services may violate, among others, United States and other national and international copyright laws, trademark laws, patent laws, trespass laws, the laws of privacy and publicity, unfair competition laws, communications regulations and statutes, and may subject you to civil and criminal penalties.

Postings
Please avoid all duplicate content when posting information to Yachting Journal. The same or substantially similar content should not be posted in more than one product category. A user may post content only in the category to which it is most relevant, and must not post content to inappropriate categories. Where a category provides specific subcategories for posts by particular types of users (e.g., boat sales “by owners” versus “by brokers,” a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any “owner” category. Users may not circumvent any technological measure implemented by Yachting Journal to restrict the manner in which content may be posted on Yachting Journal or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent user accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.” For questions regarding technological marketing measures allowable on the site, please contact your sales representative, or call our offices directly.

Accounts
A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Terms of Use. A user may create an account, only on the user’s own behalf. A user must only use the user’s own account, and may not use any account of another. A user must not permit, enable, induce or encourage others to create accounts for him/her. A user must create his/her account personally and manually and may not create accounts by any automated means. Further, a user must create any account using the user’s own valid contact information. The creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or posting process is also expressly prohibited.

Content Violation Reporting
A user may report a specific item of content only once. A user shall not report (or otherwise seek removal of) content on Yachting Journal without a personal, good-faith belief that the content violates the Terms of Use. A user may report content only on the user’s own behalf. A user must not permit, enable, induce or encourage others to report content for them. A user must not report content for others. A user reporting content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to report content. A user must not circumvent any technological restrictions (security measures) in the content reporting process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for content reporting (by use of proxy servers or any means whatsoever). /td>

5. UNAUTHORIZED ACCESS AND ACTIVITIES

To maintain the integrity and functionality of Yachting Journal for its users, access to the site and/or activities related to Yachting Journal that are harmful to, inconsistent with or disruptive of Yachting Journal and/or its users’ beneficial use and enjoyment of Yachting Journal are expressly unauthorized and prohibited. For example, without limitation: The collection of Yachting Journal users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose. Any copying, aggregation, display, distribution, performance or derivative use of Yachting Journal or any content posted on Yachting Journal whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Yachting Journal without individual written agreements executed with Yachting Journal that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Yachting Journal website, service, forum or content; (b) they access Yachting Journal from a stable IP address using an easily identifiable agent; and © they comply with Yachting Journal ’s robots.txt file; provided however, that Yachting Journal may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Yachting Journal without their own written agreement executed with Yachting Journal), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice. Any access to or use of Yachting Journal to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Yachting Journal (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or report content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access Yachting Journal or copy, display, distribute, perform or create derivative works from Yachting Journal content or other Yachting Journal intellectual property in violation of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Yachting Journal or any provision of the Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Yachting Journal content on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and email verification are “technological measures” that effectively control access to copyright-protected components and rights of Yachting Journal pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of Yachting Journal in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Yachting Journal in compliance with the Terms of Use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Yachting Journal in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Use.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

Maritime Activity Reports and Yachting Journal Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold Maritime Activity Reports and Yachting Journal Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Maritime Activity Reports or Yachting Journal Representatives.

7. FEES

Yachting Journal may charge a fee to post content or for other features, products, services or licenses. You are responsible to Yachting Journal for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Yachting Journal, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Yachting Journal or by community content violation reporting. Payments and purchases may not be canceled by the user, except as required by law. However, Yachting Journal reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion.
You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

8. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON YACHTING JOURNAL AND CONTENT ACCESSED THROUGH YACHTING JOURNAL IS ENTIRELY AT YOUR OWN RISK. YACHTING JOURNAL (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YACHTING JOURNAL ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF YACHTING JOURNAL AND CONTENT ACCESSED THROUGH YACHTING JOURNAL; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL; © ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON YACHTING JOURNAL OR IN CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY

YACHTING JOURNAL AND THE YACHTING JOURNAL REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF YACHTING JOURNAL OR ANY YACHTING JOURNAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL; ANY INABILITY TO ACCESS OR USE YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF YACHTING JOURNAL OR CONTENT ACCESSED THROUGH YACHTING JOURNAL (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON YACHTING JOURNAL AND LINKS IN CONTENT ACCESSED THROUGH YACHTING JOURNAL).

You hereby release Maritime Activity Reports and each of the Yachting Journal Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Yachting Journal or content accessed through Yachting Journal, or any interactions with others arising out of or related to Yachting Journal or content accessed through Yachting Journal, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please provide the following information:

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address)
* A statement that the complaining party has a good faith belief that use of the material is unauthorized
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please send the above information to the following address:
Maritime Activity Reports
118 East 25th St. 2nd Floor
New York, NY 10010-2977

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the Terms of Use may cause Yachting Journal immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms of Use or other applicable legal requirements, Maritime Activity Reports has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms of Use. In addition to any and all other remedies available to Maritime Activity Reports in law or in equity, Maritime Activity Reports may seek specific performance of any term in the Terms of Use, including but not limited to by preliminary or permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to Maritime Activity Reports the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to Maritime Activity Reports as determined by our legal representatives: Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Maritime Activity Reports’ damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

13. PRIVACY

Maritime Activity Reports has established a privacy policy covering the collection, use, and disclosure of user information. By accessing or using Yachting Journal, you agree that you are satisfied with the policy as stated. If you do not accept and agree to all provisions of the Privacy Policy, now or in the future, you may reject it by immediately terminating all access and use of Yachting Journal, in which case any continuing access or use of Yachting Journal is unauthorized:

http://www.yachtingjournal.com/privacy-police.html

14. DISPUTES

Any and all claims, causes of action or disputes (regardless of theory) between you and Maritime Activity Reports arising out of or related to the Terms of Use, services or content accessed through Yachting Journal shall be governed by the laws of the State of New York without regard to conflict or choice of law principles. You and Maritime Activity Reports agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of New York, and you and Maritime Activity Reports agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable, all other provisions of the Terms of Use shall remain in full force and effect.
 
Copyright: Maritime Activity Reports, 2012