Terms & Conditions
Last Updated: 11/2/2018
Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.
This Terms of Service Agreement (the “Agreement”) is between you (“you”) and Pelagic Walkaround Yachts (“Company,” “we,” “us”), concerning your use of https://pelagicwalkaroundyachts.com (together with any successor site(s) and all Services (as defined below), the “Site”).
1. Acceptance of Terms. The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time, in whole or in part, to: modify or discontinue the Site, with or without notice; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Site is controlled and operated by Company from the United
3. Description of the Services. We provide users of the Site with access to certain content and services related to Pelagic Walkaround Yachts which may include, music, videos, blogs, photographs, graphics, images, text, data, user comments, opinions, postings, weekly alerts, messages and other similar content (such content and services, collectively, the “Services”).
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules
Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading or hateful; (b)defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or
other proprietary rightwithout the express prior consent of the owner of such right.
- Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Company’s express prior written consent.
- Create a database by systematically downloading and storing all or any Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior, written consent.
5. Products. All rights in any products available through the Site, such as t-shirts, artwork reproductions, music, images, video, artwork, text, and other copyrightable materials (collectively, the “Products”) are owned by Company, and the Affiliated Entities. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, the Affiliated Entities, you have a limited, revocable right to use those Products you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot transfer to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any rights of Company or any copyright or other rights owners in such Product, any other Product or any content, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Company, the Affiliated Entities, and you hereby agree to abide by such usage rules, including those set forth in Section 10 below.
6. Purchases. If you wish to purchase any Product made available through the Site, (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION. By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, Company has the right to refuse or cancel any orders placed for such Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All sales through the Site are final and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
7. Product Delivery. Company reserves the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product.
8. Usage Restrictions for Products. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products. You may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. You may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products. The delivery of a Product does not transfer to you any commercial rights in the Product, nor does Company transfer to you any rights to use the Product for promotional or other marketing purposes.
10. Company’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of Company include without limitation, Pelagic Walkaround Yachts and any associated logos. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
11. Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, and Company nor the Affiliated Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
Company shall have the right, at any time and in its sole discretion, to block links to or from the Site through technological or other means without prior notice.
12. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS
NEITHER COMPANY, ANY AFFILIATED ENTITY, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY, ANY AFFILIATED ENTITY, NOR THEIR RESPECTIVE ARTISTS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors
13. Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of, or any violation of this Agreement by you, the Site; or activities in connection with .
14. Termination. This Agreement is effective until we deem it to be terminated.
15. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regards to its principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You agree to exclusive jurisdiction by the federal and state courts located in Monroe County, Florida, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
You understand and agree that any unauthorized use of the Site, the Products, or any related software or materials, would result in irreparable injury to Company and the Affiliated Entities, for which money damages would be inadequate, and in such event Company and the Affiliated Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Company and the Affiliated Entities may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
16. Enforcement. Company reserves the right to takes steps that Company believes are necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, Company’s right to cooperate with any legal process relating to your use of the Site and/or Products, and/or a third party’s claims that your use of the Site and/or Products is unlawful and/or infringes such third party’s rights).
17. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. We would be happy to expound.
18. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
All materials © 2018 Pelagic Walkaround Yachts unless otherwise noted. All rights reserved.
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