Terms and conditions
These terms and conditions (herein referred to as the “Terms”) apply to your access to and use of The Yacht Exchange’s web-enabled services (herein referred to as “Services”) that reference these Terms including its websites, chat service, and mobile applications. By accessing or using the Service, you are agreeing to these Terms. Do not access or use the Services if you disagree with or are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the Services. A user is someone who accesses, browses, crawls, scrapes, or in any way utilizes the Services.
- “We,” “us,” and “our” refer to The Yacht Exchange.
- Content: Text, images, photos, video, audio, location data, and all other forms of data or communication.
- “User Content” or “Your Content” means Content that users submit or transmit to, through, or in connection with the Services such as account profile information, ratings, reviews, messages, and any other publicly displayed information.
- “The Yacht Exchange Content” or “Our Content” means Content that we create and make available in connection with the Services.
- “Third Party Content” means Content that originates from parties other than The Yacht Exchange or its users, which is made available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content, User Content, Third Party Content, and The Yacht Exchange Content.
CHANGES TO THE TERMS OF SERVICE
We may modify the Terms at any time and take effect upon posting the new Terms. The most current version of the Terms will be located at the current URL. You understand and agree that
- your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services.
- your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
If we make material changes to these Terms, we will notify member users by email and users by prominently posting a notice on or within the Services prior to and just after the effective date of the changes. Revisit these Terms regularly as revised versions will be binding on users.
Any translation of these Terms into languages other than English are for your convenience. The original English version published here governs your relationship with The Yacht Exchange and any inconsistencies among the different versions will be resolved in favor of the English version.
USING OUR SERVICES
- Eligibility: To access or use the Services, you must
- be 18 years or older
- have the requisite power and authority to be contractually bound by these Terms. Not be a competitor of ours
- not have previously been banned from the Services
- have a member account previously closed by us.
- Permission to Use the Services: We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to Content that you deem offensive, inaccurate, or otherwise inappropriate.
- Services Availability: The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
- User Accounts:
- You must provide some personally identifiable information to create a member account about yourself to use some of the Services’ features. Note you may use a pseudonym to post and message from your account and no personally identifiable information will be shared by us.
- You are also responsible for activities that occur in connection with and related to your account.
- You will provide accurate information about yourself for creating and maintaining your account and when interacting with fellow members in The Yacht Exchange community. You will not provide an email address or other contact information other than your own.
- You are responsible for maintaining the confidentiality of your account password.
- You agree to notify us immediately of any unauthorized use of your account.
- User account restrictions:
- Your account is for personal use only and may not be used to conduct a commercial enterprise.
- You may not use your member profile or communications to impersonate someone else.
- You may not create and use your member profile for use of Services for anyone other than yourself.
- You may not create multiple accounts.
- We reserve the right to close your account at any time for any or no reason.
- Communications from The Yacht Exchange and other Users: By creating an account, you agree to receive certain communications in connection with our Services. For example, you might receive compliments or friend requests from other Users.
Responsibility for Your Content
You alone are responsible for Your Content. Once published, Your Content cannot normally be withdrawn. You assume all risks associated with Your Content including anyone’s reliance on its quality or accuracy. You assume any and all risks associated with any disclosure by you of personally identifiable information in Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by The Yacht Exchange. You may expose yourself to liability if, for example, Your Content contains material that
- is false, intentionally misleading, libelous, or slanderous;
- violates rights of any third-party including any trademark, patent, copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- contains material that is unlawful, including illegal hate speech or pornography;
- exploits or otherwise harms minors;
- or violates or advocates the violation of any law or regulation.
You own Your Content. We own the The Yacht Exchange Content including, but not limited to, design, graphics, visual interfaces, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the The Yacht Exchange Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the The Yacht Exchange Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the The Yacht Exchange Content are retained by us.
Use of Content for Navigation is Prohibited
Any content including User Content are not intended for, and should not be relied upon for navigational use. For the safety of yourself, your passengers, the vessel, and property and people around you, ALWAYS navigate by referencing up-to-date navigational maps or charts supplemented by local information from sources you trust. The Yacht Exchange, its providers, or users shall not have any liability for any navigational use of information provided by anyone on the Services.
Our Right to Use Your Content
We may use Your Content:
- display it electronically to members and the public
- reformat it,
- utilize it in whole or part in advertisements and other works, creating derivative works, distributing it, promoting it, and allowing others to do the same in connection with their own online and media platforms (“Other Media”).
As such, you hereby irrevocably grant us world-wide, perpetual, royalty-free, assignable, non-exclusive, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against The Yacht Exchange and its users any claims and assertions of moral rights or attribution with respect to Your Content.
By “use” we mean use, copy, publicly display, reproduce, abridge, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
The Yacht Exchange and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by The Yacht Exchange) does not necessarily reflect the opinion of The Yacht Exchange. We do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice. If we deem a review does not adhere to our Terms, we may remove it at any time without notice. We have no obligation to retain archives of Your Content or provide copies of it.
You also will not and will not assist or encourage others to:
- Violate the Terms;
- Record, process, or mine information about other users;
- Appropriate, reproduce, distribute, sell, trade, or in any way exploit the Services or Services Content (other than Your Content), unless expressly authorized by The Yacht Exchange;
- Use any bot, spider, or other automated search/retrieval application or process to access, retrieve, scrape, or index any portion of the Services or any Services Content for any purpose at all;
- Reverse engineer any portion of the Services;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- Take any action that imposes, or may impose, in our sole discretion, excessive traffic demands of the Services on The Yacht Exchange’s technological infrastructure;
- Use any device, software, or process that causes the Services to not work properly;
- Attempt to gain unauthorized access to the Services, user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means;
- Inject or use the Services or any Services Content to transmit any malware including computer viruses, worms, or other items of a destructive nature;
- Use the Services to violate the security of any computer network or disrupt or interfere with the security of the Services or Services Content; or
- Bypass, remove, disable, damage, or interfere with any security-related features of the Services that prevent the use or copying of Services Content or features that enforce limitations on the use of the Services.
The restrictions above apply only to the extent permissible under applicable law. Even if permissible under applicable law, you agree not to abide by the Terms unless you provide written notice to us at least 30 days’ prior to taking any action against our Terms so that we may have an opportunity to offer alternative solutions or accommodate your request at our sole discretion.
The Services may include links to other websites or applications (each, a “Third Party Services”). We do not control or endorse any Third Party Services. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk.
You agree to indemnify, defend, and hold The Yacht Exchange, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “The Yacht Exchange Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Yacht Exchange reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of The Yacht Exchange. The Yacht Exchange will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF The Yacht Exchange ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE The Yacht Exchange ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE The Yacht Exchange ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE The Yacht Exchange ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE The Yacht Exchange ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE The Yacht Exchange ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE The Yacht Exchange ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE The Yacht Exchange ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE The Yacht Exchange ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE The Yacht Exchange ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE The Yacht Exchange ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and The Yacht Exchange (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED WITHIN FLORIDA.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Services, and providing The Yacht Exchange with a notice of termination. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information. In the event of any termination of these Terms, whether by you or us, terms regarding “Content” and “Privacy” will continue in full force and effect, including our right to use Your Content as detailed in that section.
We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Services.
Except as otherwise stated in above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on The Yacht Exchange’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with The Yacht Exchange’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Listing and Ad Policies
These guidelines are not to be construed as legal advice. The Yacht Exchange members are responsible for ensuring listings or ads comply with all applicable laws, statutes, and regulations. We reserve the right to approve, reject, remove, or request revisions to any listing or ad for any reason at our sole discretion. Note this may include listings or ads that negatively affect our relationship with our members or partners or that promote content, services, or activities that do not align with our competitive position, interests, or promotional mission. These guidelines are subject to change at any time.
Prohibited Listing & Ad Content
- Content that promotes any illegal or dangerous activity including illicit drug use, gambling, 900 phone numbers and other pay-per-call services.
- Content or technology that infringes or enables the infringement of intellectual property or personal rights of others.
- False, deceptive, or misleading text or images.
- Profane, vulgar, or obscene language.
- Use of language or hate speech that is discriminatory, abusive, threatening, harassing, or that advocate discriminating against a protected group, whether based on race, skin color, national origin, religion, disability, gender, sexual orientation, age, or any similar or other category.
- Use of language or imagery that evokes violence including use of guns or blood.
- Member of language or imagery that is about controversial or negative representation or treatment of people animals.
- Images featuring blatantly sexual poses or models in lingerie or underwear.
- Listings or ads that receive significant negative member feedback.
- Religious, spiritual related, or psychic-related content.
- Mention of or posting images regarding competitive products or services to The Yacht Exchange.
The Yacht Exchange may refuse listings or ads for any reason.