Boats 4 Sale.co.uk Classifieds Access Agreement
Please read this Agreement carefully before accessing
the Boats 4 Sale.co.uk Classifieds. As a condition to and in
consideration of receiving and accessing the Boats 4 Sale.co.uk
Classifieds, the User agrees to be bound by the terms of this Agreement.
Use of or access to the Boats 4 Sale.co.uk Classifieds shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Boats 4 Sale.co.uk
Classifieds.
Boats 4 Sale.co.uk Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between Boats
4 Sale.co.uk and any individual, corporation, association, agency,
company, or other entity who accesses or uses the Boats 4 Sale.co.uk
Classifieds (the "User" or "you").
The Boats 4 Sale.co.uk Classifieds, which is provided without charge
to you, is a World Wide Web site on the Internet that is designed to
allow users to post classified ads and/or to view classifieds ads posted
by other users or interact with those users. The Boats 4 Sale.co.uk
Classifieds is owned and operated by Boats 4 Sale.co.uk. The Boats 4
Sale.co.uk Classifieds contains or may contain information,
communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and other
material and data (collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to Users,
including directories and databases, and areas of the Boats 4 Sale.co.uk
Classifieds that can be modified by Users, such as posting ads,
uploading multimedia files, registering user profiles, and creating
Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Boats 4 Sale.co.uk Classifieds.
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the Boats 4 Sale.co.uk Classifieds and are responsible for
all Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing the Boats 4
Sale.co.uk Classifieds.
1.2 User Conduct.
You agree to access and use the Boats 4 Sale.co.uk Classifieds only for
lawful purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the Boats 4 Sale.co.uk Classifieds,
including any Interactive Area, (ii) the use of any networks or other
services connected to the Boats 4 Sale.co.uk Classifieds, and (iii) the
communications means by which you connect your modem, computer, or other
equipment to the Boats 4 Sale.co.uk Classifieds. By accessing the Boats
4 Sale.co.uk Classifieds, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the
Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access the Boats 4 Sale.co.uk Classifieds;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property Rights
2.1 Boats 4 Sale.co.uk Classifieds content.
(a) You acknowledge that Content on the Boats 4 Sale.co.uk Classifieds
is generally provided by the Boats 4 Sale.co.uk Classifieds, individual
contributors of Content ("Contributors"), third party licensees, and/or
other Users. You acknowledge that the Boats 4 Sale.co.uk Classifieds
permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual Property
Rights are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your use of
Content shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that the Boats 4 Sale.co.uk Classifieds
owns a copyright in the "look and feel," i.e., the selection,
coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part, provided,
however, that you may (i) make a reasonable number of digital or other
form of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content,
(iii) make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal use only.
Any permitted copies of Content must reproduce in an unmodified form any
notices contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The Boats 4
Sale.co.uk Classifieds" and its URL address. You acknowledge that the
Boats 4 Sale.co.uk Classifieds, its Contributors, and/or Users remain
the owners of the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the Boats 4 Sale.co.uk
Classifieds only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual Property
Rights has given express authorization for distribution over the
Internet and on the Boats 4 Sale.co.uk Classifieds, without restriction
whatsoever. Any Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright owned by [name
of owner]; Used by Permission." By submitting Content to any Interactive
Area, you automatically grant and/or warrant that the owner of such
Content, whether it be You or a third party, has expressly granted to
the Boats 4 Sale.co.uk Classifieds the royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide right and license to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such Content,
in whole or in part, worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed for the
full term of any Intellectual Property Rights that may exist in such
Content. You also permit the Boats 4 Sale.co.uk Classifieds to
sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for
personal use.
3. Interactive Areas
You acknowledge that the Boats 4 Sale.co.uk Classifieds may include
various interactive areas ("Interactive Areas"), including but not
limited to classified ads. These Interactive Areas allow feedback to the
Boats 4 Sale.co.uk Classifieds and real-time interaction between users.
You further understand that the Boats 4 Sale.co.uk Classifieds does not
control the messages, information, or files delivered to such
Interactive Areas and that the Boats 4 Sale.co.uk Classifieds may offer
you and other Users the capability of creating and managing an
Interactive Area. However, neither the Boats 4 Sale.co.uk Classifieds,
its subsidiary and parent companies, or affiliates, nor their respective
directors, officers, employees and agents are responsible for Content
within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional
rules or operating procedures of any Interactive Area established by you
or another User, as applicable. You recognize that the Boats 4
Sale.co.uk Classifieds cannot, and does not intend to, screen
communications in advance. Moreover, because the Boats 4 Sale.co.uk
Classifieds encourages open and candid communication in the Interactive
Areas, the Boats 4 Sale.co.uk Classifieds cannot determine in advance
the accuracy or conformance to this Agreement of any Content transmitted
in an Interactive Area. The Boats 4 Sale.co.uk Classifieds is not
responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you agree
that the Boats 4 Sale.co.uk Classifieds has the right to monitor any
Interactive Area, from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other Users. If
notified of Content that is alleged not to conform to this Agreement,
the Boats 4 Sale.co.uk Classifieds may investigate the allegation and
determine in its sole discretion whether to remove or request the User
to remove such Content. The Boats 4 Sale.co.uk Classifieds reserves the
right to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any Content,
in whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any other
standard, written Boats 4 Sale.co.uk Classifieds policy in effect at
that time, (ii) be harmful to the rights of any User, the Boats 4
Sale.co.uk Classifieds, or other third parties, (iii) violate applicable
law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of the Boats 4 Sale.co.uk Classifieds in
operating the Boats 4 Sale.co.uk Classifieds, or any change in Content,
is for you to discontinue accessing the Boats 4 Sale.co.uk Classifieds.
The Boats 4 Sale.co.uk Classifieds may terminate or temporarily suspend
your access to all or any part of the Boats 4 Sale.co.uk Classifieds,
without notice, for conduct that the Boats 4 Sale.co.uk Classifieds
believes is a violation of this Agreement or any policies or guidelines
posted by the Boats 4 Sale.co.uk Classifieds, or for other conduct which
the Boats 4 Sale.co.uk Classifieds believes, in its sole discretion, is
harmful to the Boats 4 Sale.co.uk Classifieds or other Users. The Boats
4 Sale.co.uk Classifieds may discontinue operating the Boats 4
Sale.co.uk Classifieds and terminate this Agreement without notice at
any time for any reason in its sole discretion. In the event of
termination, you are no longer authorized to access the Boats 4
Sale.co.uk Classifieds, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from the
Boats 4 Sale.co.uk Classifieds, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at the Boats 4 Sale.co.uk Classifieds, neither the
Boats 4 Sale.co.uk Classifieds, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods or
services available through sites on the Internet linked to or from the
Boats 4 Sale.co.uk Classifieds. All such Content, goods and services are
made accessible on the Internet by independent third parties and are not
part of the Boats 4 Sale.co.uk Classifieds or controlled by the Boats 4
Sale.co.uk Classifieds. The Boats 4 Sale.co.uk Classifieds neither
endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on
any site linked to or from the Boats 4 Sale.co.uk Classifieds, which are
the sole responsibility of such independent third parties, and your use
thereof is solely at your own risk. Neither the Boats 4 Sale.co.uk
Classifieds, its subsidiary and parent companies, or affiliates, or
their respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused by your use of or reliance
on any Content, goods or services available on any site linked to or
from the Boats 4 Sale.co.uk Classifieds or your inability to access the
Internet or any site linked to or from the Boats 4 Sale.co.uk
Classifieds.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the Boats
4 Sale.co.uk Classifieds. It is the policy of the Boats 4 Sale.co.uk
Classifieds not to endorse or oppose any opinion expressed by a User or
Content provided by a User, Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE Boats 4 Sale.co.uk Classifieds IS
AT YOUR SOLE RISK. NEITHER THE Boats 4 Sale.co.uk Classifieds NOR ANY OF
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES,
LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR
SERVICES WARRANTS THAT THE Boats 4 Sale.co.uk Classifieds OR ANY
INTERNET SITE LINKED TO OR FROM THE Boats 4 Sale.co.uk Classifieds WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF
THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE Boats 4 Sale.co.uk Classifieds OR ANY INTERNET SITE LINKED TO
OR FROM THE Boats 4 Sale.co.uk Classifieds OR AS TO THE TIMELINESS,
SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT,
INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Boats 4
Sale.co.uk Classifieds OR ANY SITE LINKED TO OR FROM THE . THE Boats 4
Sale.co.uk Classifieds IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Boats 4
Sale.co.uk Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Boats 4
Sale.co.uk Classifieds, OR ANY INTERNET SITE LINKED TO OR FROM THE Boats
4 Sale.co.uk Classifieds, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF
EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR
THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Boats 4 Sale.co.uk Classifieds, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Boats 4
Sale.co.uk Classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM THE Boats 4 Sale.co.uk Classifieds. THE CONTENT WITHIN
THE Boats 4 Sale.co.uk Classifieds AND THE CONTENT WITHIN INTERNET SITES
LINKED TO OR FROM THE Boats 4 Sale.co.uk Classifieds MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF THE Boats 4 Sale.co.uk Classifieds AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Boats 4
Sale.co.uk Classifieds AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Boats 4 Sale.co.uk
Classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR
OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY
Boats 4 Sale.co.uk Classifieds SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF THE Boats 4 Sale.co.uk Classifieds, IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Boats 4
Sale.co.uk Classifieds.
6. Indemnity
You agree to indemnify and hold the Boats 4 Sale.co.uk Classifieds, its
parent or subsidiary companies and their affiliates, and their
respective directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys fees,
arising from breach of this Agreement, any other policy, your use or
access of the Boats 4 Sale.co.uk Classifieds or any Internet site linked
to or from the Boats 4 Sale.co.uk Classifieds, or in connection with the
transmission of any Content on the Boats 4 Sale.co.uk Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement between the Boats 4
Sale.co.uk Classifieds and you, and supersedes any prior agreements with
respect to the subject matter herein. The Boats 4 Sale.co.uk Classifieds
may revise this Agreement or any other policy at any time and from time
to time, and such revision shall be effective two (2) days upon posting
notice of such revision prominently on the Boats 4 Sale.co.uk
Classifieds. You agree to review this Agreement periodically to be aware
of such revisions. If any such revision is unacceptable to you, you must
discontinue accessing the Boats 4 Sale.co.uk Classifieds. Your continued
accessing and use of the Boats 4 Sale.co.uk Classifieds following notice
of any such revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6
and 7 shall survive the termination or expiration of this Agreement. If
any provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intention
of the parties and the remaining portions will continue in full force
and effect. The failure of the Boats 4 Sale.co.uk Classifieds to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. This
Agreement shall be governed by the laws of the state or province of
domicile of the Boats 4 Sale.co.uk Classifieds, excluding its conflict
of laws rules, and you and the Boats 4 Sale.co.uk Classifieds each
submit to the exclusive jurisdiction of the courts of that state or
province. This Agreement is personal to you and you may not assign your
rights or obligations thereunder to anyone. All logos, brand names,
products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to
any trademark, service mark and links to or from the Boats 4 Sale.co.uk
Classifieds have been done strictly for clarification and identification
and does not constitute endorsement by the Boats 4 Sale.co.uk
Classifieds of the products, services or information offered by the
owner of such trademark, service mark or link or endorsement of the
Boats 4 Sale.co.uk Classifieds by such trademark, service mark or link
owner. |
