WEBSITE USE AGREEMENT
- Category: Legal
Website Use Agreement
PLEASE READ CAREFULLY BEFORE USING THE SMART SAILING ACADEMY WEBSITES:
THIS AGREEMENT GOVERNS YOUR USE OF THE SMART SAILING ACADEMY WEBSITES. IT EXEMPTS SMART SAILING AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY USING ANY OF SMART SAILING'S WEBSITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT USE ANY OF SMART SAILING'S WEBSITES.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent and SMART SAILING ACADEMY ("SMART SAILING") regarding your use of SMART SAILING's websites (including smartsailing.org, smartsailing.ru, smartsailing.net, kaptanokulu.com and yatokulu.com) and related discussion forums and SMART SAILING's job boards, and all content, information, products and services available on or through those websites, discussion forums and job boards (collectively the "Websites"). This Agreement also provides benefits to SMART SAILING's affiliates, service providers, suppliers and other persons.
Each time you use a Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Websites.
Age to Use Websites
2. OTHER SMART SAILING AGREEMENTS
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with SMART SAILING (now or in the future) concerning dealings with SMART SAILING, including the information and services provided by SMART SAILING. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with SMART SAILING, the provisions of this Agreement shall govern regarding your access to and use of the Websites unless the other agreements expressly state that they take priority over this Agreement.
3. PERMISSION TO USE THE WEBSITES
The Websites may be accessed and used only by individuals who have accepted and agreed to this Agreement and can form legally binding contracts under applicable law. SMART SAILING may in its discretion refuse permission to access and use any or all of the Websites. The Websites may not be used by persons in jurisdictions where access to or use of the Websites or any part of them may be illegal or prohibited, or if their permission to use the Websites has been previously revoked or terminated by SMART SAILING.
The Websites are made available to you for your lawful personal use only. You may access and use the Websites using commercially available, SSL-capable web browser software. You may use the Websites only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Websites for any other purpose or in any other manner is strictly prohibited.
4. LAWFUL AND RESPONSIBLE USE
You must use the Websites and SMART SAILING's services lawfully, responsibly and with respect for others. Without limiting the generality of the foregoing, you will comply with the SMART SAILING Website Acceptable Use Policy, which is part of this Agreement and may be found by clicking here.
5. ACCESS CODES
Certain portions of the Websites may be accessed and used only by persons who have applied for and received a valid and subsisting username and password (collectively "Codes") issued by SMART SAILING. All Codes remain the property of SMART SAILING, and may be cancelled or suspended at any time by SMART SAILING in its discretion without any notice or liability to you or any other person. The use of Codes does not restrict access by SMART SAILING to Code-protected information, and may not prevent unauthorized access to data or other information you may use in connection with the Websites.
SMART SAILING is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Websites. SMART SAILING may act upon any communication that is given with the use of Codes. SMART SAILING may in its discretion at any time require proof of the identity of any person seeking to access and use the Websites, and may deny access to and use of the Websites or parts of them or refuse to accept or act upon any communication if SMART SAILING is not satisfied with such proof.
If you have been issued Codes: (a) you and all persons you represent are jointly and severally responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Websites using the Codes, you will not leave the computer terminal used to access the Websites unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify SMART SAILING by email or by telephone (604-633-9787) if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person. Until you give such notice to SMART SAILING and SMART SAILING actually receives and processes it, you and all persons you represent will continue to be jointly and severally responsible and liable for all authorized or unauthorized use of your Codes.
6. ONLINE TRANSACTIONS
Misprints and Errors
Although SMART SAILING strives to provide reliable and current information on the Websites, misprints or other errors may occur. Accordingly, SMART SAILING reserves the right to change the prices, fees and charges regarding the products and services available through the Websites at any time and from time to time without any notice or liability to you or any other person. If you order a product or service for which the price was incorrectly displayed on the Websites, SMART SAILING will provide you with a reasonable opportunity to cancel your order.
Although SMART SAILING strives to ensure that products remain in stock and services remain available, SMART SAILING cannot guarantee that products or services advertised on the Websites will be available when ordered or thereafter. If you order a product or service that is not available, SMART SAILING will notify you by email. SMART SAILING reserves the right to limit quantities licensed or sold.
All prices and other amounts appearing on the Websites are quoted in Canadian dollars, unless expressly indicated otherwise. SMART SAILING reserves the right to change prices advertised on the Websites at any time.
The total price of your order will include the price of the ordered products or services plus all applicable taxes and delivery and handling charges. The price, applicable taxes and charges will appear on the completed order form, and will be charged to your credit card or your PayPal account when your order is accepted.
The advertisements on the Websites are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in the order form. Your order will be deemed to be accepted once a confirmation notice has been sent by email.
You acknowledge and agree to SMART SAILING's refund and cancellation policies as follows:
You may pay for your purchases with VISA, MasterCard or PayPal. SMART SAILING's on-line transaction service provider may obtain payment pre-approval from your credit card issuer when your order is processed, and the purchase payment will be charged to your credit card if and when your order is accepted.
Special arrangements for group billing may be made with SMART SAILING through a school or other eligible group recognized by SMART SAILING.
SMART SAILING will ship ordered products to the delivery address stated on your order form. Shipping and delivery times will depend on product availability and the delivery method selected in your order.
7. WEBSITE COMMUNICATIONS
All communications you submit through or to the Websites (including SMART SAILING's discussion forums and job boards) or to SMART SAILING, must be true, accurate and complete. You authorize SMART SAILING to accept communications that it receives from you by means of the Websites and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to SMART SAILING by means of the Websites are not delivered or effective unless and until they are processed by the responsible SMART SAILING representative.
8. WEBSITE CONTENT, DISCUSSION FORUMS AND COMPLAINTS
SMART SAILING is not obliged to monitor or police the use of the Websites (including SMART SAILING's discussion forums and job boards) or screen, police, edit or remove postings of materials to the Websites, although SMART SAILING reserves the right to do so in its discretion and without any notice or liability to you or any other person.
SMART SAILING reserves the right to refuse to post or to remove any materials, in whole or in part, that SMART SAILING in its discretion considers to be unacceptable, undesirable, or in violation of the SMART SAILING Website Acceptable Use Policy.
SMART SAILING will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the SMART SAILING Website Acceptable Use Policy or other alleged misconduct, including removing any and all offending submissions and postings from the Websites without any notice or liability to you or any other person. SMART SAILING is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands it may receive regarding any materials submitted or posted to the Websites or otherwise used in connection with the Websites before SMART SAILING takes remedial action regarding the materials.
If you post or submit materials to the Websites (including SMART SAILING's discussion forums and job boards), you hereby grant to SMART SAILING and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Websites, and you represent and warrant to SMART SAILING and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws.
9. PERMISSION TO REPUBLISH DESIGNATED ARTICLES
Certain articles on the Websites may be expressly designated by SMART SAILING as available for republication subject to this Agreement (collectively, the "Designated Articles"). SMART SAILING hereby grants to you a limited, non-exclusive, non-transferable, and revocable license to republish Designated Articles subject to the following conditions: (a) the Designated Articles may be republished only in electronic or print publications (including websites) that are available or distributed free of charge in Canada only (including on a website originating from a server located in Canada); (b) the Designated Articles (including all visible and non-visible identification, marks, notices, bylines and disclaimers) may not be modified in any way; (c) all republications of Designated Articles must include the following notice appearing immediately below the Designated Articles: "Copyright © 2012-2016 SMART SAILING ACADEMY. All Rights Reserved. Republished under license."; (d) SMART SAILING may in its discretion at any time, and without any prior notice or liability to you or any other person, terminate the license and withdraw permission for your republication of any or all of the Designated Articles immediately upon delivery of notice (a "License Termination Notice") to you; and (e) you will immediately comply with all License Termination Notices.
10. OWNERSHIP OF WEBSITES
The Websites (including all Designated Articles and other content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Websites) are the property of SMART SAILING and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Websites does not transfer to you any ownership or (except as expressly provided in this Agreement) other rights in the Websites or their content.
Except for republication of Designated Articles in accordance with Section 9 of this Agreement: (a) the Websites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of SMART SAILING; and (b) you may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to the Websites. You may not use any of the software that is used in the operation or provision of the Websites except while you are using the Websites in accordance with this Agreement.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
SMART SAILING DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES). YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SMART SAILING TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMART SAILING MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE WEBSITES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITES WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITES; OR (F) THE ACCESS TO AND USE OF THE WEBSITES WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITES; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITES.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEBSITES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF SMART SAILING, AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL:
(A) SMART SAILING EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITIES, LOSS OF CUSTOMERS, LOSS, CORRUPTION OR LOSS OF USE OF SOFTWARE OR DATA, WASTED MANAGEMENT OR OTHER STAFF TIME, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES) BY YOU OR ANY OTHER PERSON, AND INCLUDING DUE TO: (I) ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND SMART SAILING's REASONABLE CONTROL; (II) ANY LOST SHIPMENT, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCTS OR SERVICES YOU ORDER THROUGH THE WEBSITES; (III) ANY FAILURE OR DELAY BY SMART SAILING IN RECEIVING, ACCESSING, ACCEPTING, PROCESSING OR ACTING ON ANY COMMUNICATION SENT TO SMART SAILING BY MEANS OF THE WEBSITES, EMAIL OR OTHERWISE; OR (IV) THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEBSITES OR ANY PART OF THEM), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SMART SAILING OR ANY PERSON FOR WHOM SMART SAILING IS RESPONSIBLE, AND EVEN IF SMART SAILING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
(B) SMART SAILING's TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SMART SAILING OR ANY PERSON FOR WHOM SMART SAILING IS RESPONSIBLE, AND EVEN IF SMART SAILING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EVER EXCEED $100 (CDN). YOU AND ALL PERSONS YOU REPRESENT HEREBY RELEASE, REMISE AND FOREVER DISCHARGE SMART SAILING FROM ANY AND ALL LIABILITY IN EXCESS OF $100 (CDN).
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SMART SAILING FROM AND AGAINST ANY AND ALL CLAIMS AND PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES, INFORMATION YOU POST TO THE WEBSITE, AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES) OR ANY NEGLIGENCE, MISCONDUCT, INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, OR BREACH OF THIS AGREEMENT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE.
IN THIS SECTION 11: (A) "CLAIMS" MEANS THIRD PARTY CLAIMS, COUNTERCLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LEGAL FEES, COSTS, EXPENSES, AND DISBURSEMENTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, OF ANY NATURE OR KIND, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY OR PURSUANT TO CONTRACT OR STATUTE; (B) "PROCEEDINGS" MEANS THIRD PARTY ACTIONS, SUITS, PROCEEDINGS, AND HEARINGS OF ANY NATURE AND KIND IN ANY COURT OF LAW OR EQUITY OR BEFORE ANY ARBITRATOR OR OTHER BODY, BOARD OR TRIBUNAL; (C) "SMART SAILING" INCLUDES SMART SAILING AND ITS AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND RELATED PERSONS; AND (D) "YOU" MEANS YOU AND ANY PERSONS YOU PURPORT TO REPRESENT.
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by SMART SAILING, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement, and you may not rely on any such advice or information.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by the laws in some jurisdictions. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
12. NO ADVICE
The Websites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Websites.
13. PERSONAL INFORMATION
14. TRADEMARK INFORMATION
SMART SAILING™, the SMART SAILING logo, the slogan "The Resource for People in Tourism", the slogan "Serving it Right" and the slogan "Special Event Server" are trademarks, service marks or trade names owned or licensed by SMART SAILING. Other product and company names and logos appearing on the Websites may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Websites (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Websites or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
15. OTHER SITES
For your convenience, the Websites may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from SMART SAILING, and SMART SAILING has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against SMART SAILING arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and SMART SAILING, the provisions of this Agreement under the sections headed Disclaimers, Liability Exclusions/Limitations and Indemnity (Section 11) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.
16. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING
Links to the Websites without the express written permission of SMART SAILING are strictly prohibited. To request permission to link to the Websites, please send an email to SMART SAILING. SMART SAILING may in its discretion cancel and revoke any permission it may give to link to the Websites at any time and without any prior notice or liability to you or any other person.
The framing, mirroring, scraping or data-mining of the Websites or any of their content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that such postings may be viewed by other users of the Websites.
17. UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively "Submissions") to SMART SAILING or the Websites you automatically grant (or warrant that the owner of the Submissions grants) to SMART SAILING and its successors and assigns a perpetual, royalty-free, fully-paid, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of SMART SAILING or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of SMART SAILING and its successors, assigns, and licensees.
18. CHANGES TO THIS AGREEMENT
SMART SAILING may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of the Websites, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Websites. You may not change, supplement, or amend this Agreement in any manner. When you use the Websites you should check the date of this Agreement and review any revisions since the last version. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version.
By using the Websites after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use the Websites.
If you breach any provision of this Agreement, you may no longer use any of the Websites. SMART SAILING may, at any time and for any reason and in its discretion, change, suspend or terminate, temporarily or permanently, the Websites or any part of them, or your permission to use the Websites and your Codes, or this Agreement, all without any notice or liability to you or any other person. Any persons you represent may, at any time and in their discretion, terminate your permission to access or use the Websites. If this Agreement or your permission to access or use all or any of the Websites is terminated by you, or by any persons you represent, or by SMART SAILING, then this Agreement and all other then existing agreements between SMART SAILING and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Websites, and anything connected with, relating to or arising there from. Sections 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.
20. GOVERNING LAW AND DISPUTE RESOLUTION
The Websites are controlled by SMART SAILING from Marmaris, Turkey. This Agreement and all related matters are governed solely by the laws of Marmaris, Turkey and applicable federal laws of Turkey, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and SMART SAILING or any other person arising from, connected with or relating to the Websites, this Agreement, or any related matters ("Disputes") must be resolved before the Courts of Marmaris sitting in the City of Mugla, Turkey, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Marmaris, Mugla, Turkey within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
21. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement enures to the benefit of and is binding upon each of SMART SAILING and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective heirs, executors, administrators, personal representatives, successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without SMART SAILING's prior written consent, which consent may be withheld in SMART SAILING's discretion. SMART SAILING may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by SMART SAILING to or of any breach of this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default; or (b) effective unless in writing and signed by SMART SAILING.
Any rights not expressly granted by this Agreement are reserved to SMART SAILING.
This Agreement is subject to change by SMART SAILING without notice.
In this Agreement: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (b) "persons" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (c) words importing the singular number only include the plural and vice versa; (d) "including" and "includes" mean including or includes (as applicable) without limitation or restriction; (e) whenever the words "discretion", "option" or any variations thereof are used with respect to person they mean that person's sole, absolute and unfettered discretion or option. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
SMART SAILING™ WEBSITE ACCEPTABLE USE POLICY
This version in effect since September 2015..
Violations of this Policy may be reported by sending an email to SMART SAILING.
This Policy applies to SMART SAILING's websites (including SMART SAILING.ca, servingitright.com and specialeventserver.com) and related discussion forums and SMART SAILING's job boards (collectively the "Websites").
General Use Rules
Use of the Websites must be lawful, ethical, and respectful of the legal rights and interests of others, and consistent with the security and reliability of the Websites and the Internet generally.
Without limiting the above, the following rules apply to the use of the Websites, which includes posting materials to the Websites:
- Lawful Use: Use of the Websites must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Websites from locations where the Websites may be illegal is prohibited.
- Intended Purpose: The Websites may be used only for purposes that are consistent with the spirit and intended purposes of the Websites and, in particular, must not be used in: (a) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; or (b) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- Security and Performance: The Websites must not be used with any action, device, software or routine that could directly or indirectly interfere (or attempt to interfere) with the proper working of the Websites or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
- Other Person's Rights: Use of the Websites must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
- No Data Collection: Use of the Websites must not involve any data matching or data mining, including the collection or use of information about other Website users (including their email addresses and other personal information).
Use Guidelines - Prohibited Uses
The following is a non-exhaustive list of prohibited uses of the Websites. SMART SAILING reserves the right, in its discretion, to determine whether any use of the Websites is prohibited or otherwise violates this Policy.
- Uses that may violate the General Use Rules set forth above.
- Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
- Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
- Uses that may dilute or depreciate the name and reputation of SMART SAILING and its affiliates or associates.
- Uses that interfere with other persons' use and enjoyment of the Websites or of the Internet generally.
- Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Websites or that may otherwise result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Websites or any other Internet resource or computer system; or (b) unauthorized access to other persons' SMART SAILING accounts and materials (including materials posted to the Websites) or interference with their use and enjoyment of the Websites.
- Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any SMART SAILING representative.
- Uses that contain or disclose images or personal information of any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's informed consent.
- The uploading, posting or transmission to the Websites of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: (a) executable programs or audio and video recordings; (b) materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Websites or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and (c) materials that are encrypted.
Monitoring and Complaints
SMART SAILING takes no responsibility and assumes no liability for any materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SMART SAILING is only a forum and is not liable for any statements, representations, or materials provided by its users in the Websites (including SMART SAILING's discussion forums and job boards).
SMART SAILING is not obliged to monitor, screen, police or edit the use of the Websites, including postings of materials to the Websites, although SMART SAILING reserves the right to do so in its discretion.
SMART SAILING will respond as it considers appropriate, in its discretion, if SMART SAILING becomes aware of any inappropriate uses of the Websites, including uses that constitute copyright infringement. You may report violations of this Policy by sending an email to SMART SAILING.
Compliance, Consequences, and Law Enforcement Disclosure
SMART SAILING may in its discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the SMART SAILING Website Use Agreement, and may, in SMART SAILING's discretion, result in: (a) termination or suspension of permission to use the Websites or portions of the Websites; (b) restricted access to materials posted to the Websites; (c) removal and permanent deletion and destruction of materials posted to the Websites; and (d) other consequences; all without any notice or any liability to you or any person.
Website users who violate this Policy may incur criminal or civil liability.
SMART SAILING's failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
This Policy is subject to change by SMART SAILING without notice.