|
|
|
|
| Terms of Use |
The use of this web site
is governed by the terms and conditions set forth below ("Terms of Use").
Please read them carefully. By utilizing this web site, you agree to
the terms as set forth herein and are bound by the Terms of Use.
This web site is owned and operated by Domain-Depot.com, Inc. a New
York Corporation ("DD"). DD reserves the right, in its
sole discretion, to revise the Terms of Use at any time. A link to
revisions will be posted at the home page of boatmall.com and it is
your responsibility to check that page regularly to learn about the
revisions. By using this site following the revision of the Terms of
Use, you agree to be bound by such revisions. If you find the Terms
of Use to be unacceptable to you, you must immediately terminate
your use of this web site. If you are an utilizing the services
referred to in the Interactive Areas paragraph below, please send an
email requesting immediate removal of your account to terms@boatmall.com.
There will be no partial refunds of any fees paid to utilize the
Interactive Areas of boatmall.com.
License
Except as expressly provided in this Section, nothing contained in
this web site shall be construed as conferring any license or right,
expressly, by implication, by estoppel or otherwise, under any of
DD's intellectual property rights, or under any third party's
intellectual property rights, and no part of this web site may be
reproduced, republished, copied, transmitted, or distributed in any
form or by any means.
You are hereby granted a nonexclusive, nontransferable, revocable,
limited license to view, reproduce, print, and distribute materials
retrieved from this web site provided that (a) such materials are
used only for informational, non commercial and (b) you do not
remove or obscure the copyright notice or other notices displayed on
such materials. Any rights/use not expressly granted herein are
reserved.
Interactive Areas
All information, data, text, images or other materials
("Content") posted on boatmall.com (collectively,
"Interactive Areas"), are the sole responsibility of the
person from whom such Content originated. DD does not control the
content posted in the Interactive Areas and, as such, does not
guarantee the accuracy, integrity or quality of such Content.
Content posted in the Interactive Areas is not confidential and DD
may use or reproduce such Content as it sees fit. DD cannot and will
not monitor all of the postings in the Interactive Areas, but does
reserve the right (but assumes no obligation) to delete, move or
edit any postings that come to its attention that is considered by
at it at DD's sole discretion, unacceptable or inappropriate,
whether for legal or other reasons. DD HAS NO LIABILITY OR
RESPONSIBILITY TO BOATMALL.COM USERS OR ANY OTHER PERSON OR ENTITY
FOR CONTENT POSTED ON ITS WEB SITE, INCLUDING, BUT NOT LIMITED TO,
ANY ERRORS, OMISSIONS OR MISREPRESENTATION IN ANY CONTENT.
User agrees that it will not use the Interactive Areas to:
| 1. |
|
Violate
any local, state, national or international laws; |
| 2. |
|
Post
material that infringes the intellectual property rights,
including without limitation, trademark, copyright, patent
and trade secret rights, of others; |
| 3. |
|
Post
material that infringes the privacy or publicity rights of
others; |
| 4. |
|
Post
information that the user knows to be false or misleading; |
| 5. |
|
Post
material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, hateful, tortious, libelous, vulgar,
invasive of another's privacy, racially, ethnically or
otherwise objectionable or embarrassing to a third party; |
| 6. |
|
Post
chain letters, junk mail, pyramid schemes, spam or other
forms of advertisements or solicitations; |
| 7. |
|
Collect
or store personal data about others; |
| 8. |
|
Impersonate
another person, whether a third party or a DD representative
or moderator; or falsely state or otherwise misrepresent
user's affiliation with a person or entity; |
| 9. |
|
Engage
in any conduct that limits any other person from using or
enjoying the Interactive Areas; |
| 10. |
|
Engage
in any conduct that, in DD's opinion, exposes DD or any of
its affiliates, customers or suppliers to any liability or
detriment of any type; |
| 11. |
|
Alter,
delete, interfere with or otherwise damage any boatmall.com
site content. |
Confidentiality
Your confidential use of this site cannot be guaranteed by DD. DD
discourages you from sending any information that you consider to be
confidential or proprietary through this web site and DD is not
responsible for any harm that you or any person may suffer as a
result of a breach of confidentiality with respect to your use of
this site. Please note that if you do send us any such information
or material, DD will assume it is not confidential. By sending boatmall.com
information or material, you grant DD an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and
distribute those materials or information, and you also agree that
DD is free to use any ideas, concepts, know how or techniques that
you send us for any purpose.
No Representations or Warranties
This site may include inaccuracies, outdated information, defects,
omissions and/or other errors. DD does not make any representations
regarding the use of this site's content including its accuracy,
reliability or correctness. DD reserves the right to modify the
information displayed on this web site but it does not make any
commitment to update the information displayed on this web site.
TO THE EXTENT PERMITTED BY LAW, THE CONTENT PROVIDED ON THIS SITE
INCLUDING BUT NOT LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS AND
GRAPHICS, IS PROVIDED "AS IS". ALL EXPRESS AND/OR IMPLIED
REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION
INTELLECTUAL PROPERTY RIGHTS OF ANY KIND) ARE EXPRESSLY EXCLUDED.
This web site provides links to other web sites that are completely
independent of this web site. DD 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 DD of that web site, or of the products or
services described therein. DD expressly disclaims any liability for
third party information or opinions posted on this web site or any
linked web sites that arises under criminal or civil laws relating
to defamation, intellectual property infringement, privacy,
obscenity, or any other area of law.
Users of this web site should not rely upon opinions expressed at
this web site when making business, financial, personal or any other
decisions.
Limitation of Liability
IN NO EVENT WILL DD, ITS OFFICERS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, ECONOMIC, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, LOSS OF
GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS WEB SITE, OR USE OF ANY LINKED WEB SITE, INCLUDING
WITHOUT LIMITATION ANY LIABILITY ARISING FOR BREACH OF CONTRACT,
NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY,
EVEN IF DD HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION,
ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM.
Additional Legal Matters
The Terms of Use shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to its
principles of conflicts of law. Any disputes or controversies
arising out of the Terms of Use shall be subject to the exclusive
jurisdiction of the State Courts of New York and the venue for such
disputes shall rest solely in Nassau County, New York, USA. The
Terms of Use constitute the entire agreement with respect to your
access to and use of this web site. Any
provision of the Terms of Use which is prohibited or unenforceable
in any jurisdiction shall, as to such jurisdiction, be ineffective
to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof, and any such
prohibition or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provision in any other
jurisdiction.
|

|
|
 |
|