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Deer Isle Yacht Club terms of use
1. ACCEPTANCE OF TERMS
Deer Isle Yacht Club provides a collection of online resources,
including classified ads or postings, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"). By using
the Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular Deer Isle Yacht Club services,
you agree to abide by any applicable posted guidelines for all Deer
Isle Yacht Club services, which may change from time to time.
Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become
dissatisfied with Deer Isle Yacht Club online services or resources
in any way, your only recourse is to immediately discontinue use of
them.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent
version of these Terms at:
http://www.deerisleyachtclub.com/policies/terms.htm
3. CONTENT
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for all Content that you
post, email or otherwise make available via the Service. You
understand that Deer Isle Yacht Club does not control, and is not
responsible for Content made available through the Service, and that
by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the Deer Isle Yacht Club site and
Content available through the Service may contain links to other
websites, which are completely independent of the Deer Isle Yacht
Club website. Deer Isle Yacht Club makes no representation or
warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other
webites is at your own risk. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, that you may
not rely on said Content, and that under no circumstances will Deer
Isle Yacht Club be liable in any way for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You
acknowledge that Deer Isle Yacht Club shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter
or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Deer Isle Yacht Club wesite and Content available through the
Service may contain features and functionalities that may link you
or provide you with access to third party content which is
completely independent of Deer Isle Yacht Club, including web sites,
directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the
Internet as a whole.
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
You agree that Deer Isle Yacht Club shall not be responsible or
liable for any loss or damage of any sort incurred as the result of
any such dealings. If there is a dispute between participants on
this site, or between users and any third party, you understand and
agree that Deer Isle Yacht Club is under no obligation to become
involved. In the event that you have a dispute with one or more
other users, you hereby release Deer Isle Yacht Club, its officers,
employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or our
service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify Deer Isle Yacht
Club's Agent for notice of claims of copyright or other intellectual
property infringement at:
abuse@deerisleyachtclub.com
or:
Deer Isle Yacht Club
XXXX
Sunset, ME 04683
Please provide our Agent with the following Notice:
a) Identify the material on the Deer Isle Yacht Club site that you
claim is infringing, with enough detail so that we may locate it on
the website;
b) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
c) A statement by you declaring under penalty of perjury that (1)
the above information in your Notice is accurate, and (2) that you
are the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Deer Isle Yacht Club will remove the infringing posting(s), subject
to the the procedures outlined in the Digital Millenium Copyright
Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Deer Isle Yacht Club has established a Privacy Policy to explain to
users how their information is collected and used, which is located
at the following web address:
http://www.deerisleyachtclub.com/policies/privacy.htm
Your use of the Deer Isle Yacht Club website or the Service
signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge and agree that Deer Isle Yacht Club may, in
its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted or
transmitted without their consent or as a form of harrassment;
protect the rights, property, or personal safety of Deer Isle Yacht
Club, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful
to minors in any way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or
ad for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex,
familial status or handicap (or violates any state or local law
prohibiting discrimination on the basis of these or other
characteristics);
e) that impersonates any person or entity, including, but not
limited to, a Deer Isle Yacht Club employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to messages that are lawful
non-deceptive parodies of public figures.);
f) that includes personal or identifying information about another
person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual or
fiduciary relationships;
i) that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or
solicitation if emailed to Deer Isle Yacht Club users who have not
indicated in writing that it is ok to contact them about other
services, products or commercial interests.
k) that includes links to commercial services or web sites, except
as allowed in "services";
l) that advertises any illegal service or the sale of any items the
sale of which is prohibited or restricted by any applicable law,
including without limitation items the sale of which is prohibited
or regulated by State of Maine law.
m) that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
n) that disrupts the normal flow of dialogue with an excessive
number of messages (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the
Service; or
o) that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted;
q) "stalk" or otherwise harrass anyone;
r) collect personal data about other users for commercial or
unlawful purposes;
s) use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by Deer Isle Yacht Club;
t) post non-local or otherwise irrelevant Content, repeatedly post
the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
u) post the same item or service in more than one classified
category;
v) attempt to gain unauthorized access to Deer Isle Yacht Club's
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Deer Isle Yacht Club website;
or
w) use any form of automated device or computer program that enables
the submission of help wants ads or postings on the Deer Isle Yacht
Club website without each posting being manually entered by the
author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular
intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email
advertisements to Deer Isle Yacht Club email addresses or through
Deer Isle Yacht Club computer systems, which is expressly prohibited
by these Terms, will use or cause to be used servers located in the
United States. Any unauthorized use of Deer Isle Yacht Club
computer systems is a violation of these Terms and certain federal
and state laws, including without limitation the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject
the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that Deer Isle Yacht Club may establish limits
concerning use of the Service, including the maximum number of days
that Content will be retained by the Service, the maximum number and
size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that Deer Isle Yacht Club has
no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You
acknowledge that Deer Isle Yacht Club reserves the right at any time
to modify or discontinue the Service (or any part thereof) with or
without notice, and that Deer Isle Yacht Club shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
10. ACCESS TO THE SERVICE
Deer Isle Yacht Club grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use. This
license does not include any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of
data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Deer
Isle Yacht Club. A limited exception is provided to general purpose
internet search engines and non-commercial public archives that use
such tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent.
"General purpose internet search engine" does not include a website
or search engine or other service that specializes in classified
listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the
business of providing classified ad listing services.
Deer Isle Yacht Club permits you to display on your website, or
create a hyperlink on your website to, individual postings on the
Service so long as such use is for noncommercial purposes only. If
the total number of such postings displayed or linked to on your
website exceeds one hundred (100) postings, your use will be
presumed to be in violation of these Terms, absent express
permission granted by Deer Isle Yacht Club to do so. You may also
create a hyperlink to the home page of the Deer Isle Yacht Club
website so long as the link does not portray Deer Isle Yacht Club,
its employees, or its affiliates in a false, misleading, derogatory,
or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to
you by Deer Isle Yacht Club immediately terminates said permission
or license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the the Service or any Content made
available via the Service for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from
Deer Isle Yacht Club.
11. TERMINATION OF SERVICE
You agree that Deer Isle Yacht Club, in its sole discretion, has the
right (but not the obligation) to block your IP address, or
otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including,
without limitation, if Deer Isle Yacht Club believes that you have
acted inconsistently with the letter or spirit of the Terms.
Further, you agree that Deer Isle Yacht Club shall not be liable to
you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service
after said termination. Sections 2, 4, 6 and 10-16 shall survive
termination of these Terms.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or
redistribution is prohibited without the express written consent of
Deer Isle Yacht Club. You further agree not to reproduce, duplicate
or copy Content from the Service without the express written consent
of Deer Isle Yacht Club, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service.
Although Deer Isle Yacht Club does not claim ownership of content
that its users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and warrant that
you have the right to grant, to Deer Isle Yacht Club an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare
derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of
the foregoing. Furthermore, by posting Content to any public
area of the Service, you automatically grant Deer Isle Yacht Club
all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE DEER ISLE YACHT CLUB SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE DEER ISLE YACHT CLUB SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEER ISLE
YACHT CLUB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DEER ISLE YACHT CLUB
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEER
ISLE YACHT CLUB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE DEER ISLE YACHT CLUB SITE OR
THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DEER ISLE
YACHT CLUB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEER ISLE
YACHT CLUB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE DEER ISLE YACHT CLUB SITE OR THE
SERVICE.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DEER ISLE YACHT CLUB BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF DEER ISLE YACHT CLUB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE
OF THE DEER ISLE YACHT CLUB SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE DEER ISLE YACHT CLUB SITE OR THE
SERVICE, FROM INABILITY TO USE THE DEER ISLE YACHT CLUB SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE DEER ISLE YACHT CLUB SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE DEER ISLE YACHT CLUB SITE OR THE SERVICE OR
ANY LINKS ON THE DEER ISLE YACHT CLUB SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE DEER ISLE YACHT CLUB SITE OR THE SERVICE OR ANY
LINKS ON THE DEER ISLE YACHT CLUB SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
15. INDEMNITY
You agree to indemnify and hold Deer Isle Yacht Club, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any
rights of another.
16. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Deer Isle
Yacht Club and govern your use of the Service, superceding any prior
agreements between you and Deer Isle Yacht Club. The Terms and the
relationship between you and Deer Isle Yacht Club shall be governed
by the laws of the State of Maine without regard to its conflict of
law provisions. You and Deer Isle Yacht Club agree to submit to the
personal and exclusive jurisdiction of the courts located within
Hancock County, Maine. The failure of Deer Isle Yacht Club to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of
the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s)
for review, or by emailing to:
abuse@deerisleyachtclub.com
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
breaches.
You understand and agree that, because damages are often difficult
to quantify, if it becomes necessary for Deer Isle Yacht Club to
pursue legal action to enforce these Terms, you will be liable to
pay Deer Isle Yacht Club the following amounts as liquidated
damages, which you accept as reasonable estimates of Deer Isle Yacht
Clubs' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with
a person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit
consent, you agree to pay Deer Isle Yacht Club one thousand dollars
($1,000) for each such message. This provision does not apply
to messages that are lawful non-deceptive parodies of public
figures.
b. If Deer Isle Yacht Club establishes limits on the frequency with
which you may access the Service, or terminates your access to or
use of the Service, you agree to pay Deer Isle Yacht Club one
hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access Deer
Isle Yacht Club site in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Deer Isle Yacht
Club email addresses or through Deer Isle Yacht Club computer
systems, you agree to pay Deer Isle Yacht Club twenty five dollars
($25) for each such email.
d. If you post messages in violation of these Terms of Use, other
than as described above, you agree to pay Deer Isle Yacht Club one
hundred dollars ($100) for each such message. In its sole
discretion, Deer Isle Yacht Club may elect to issue a warning before
assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your own
Content) in violation of these Terms without Deer Isle Yacht Club's
express written permission, you agree to pay Deer Isle Yacht Club
three thousand dollars ($3,000) for each day on which you engage in
such conduct.
Otherwise, you agree to pay Deer Isle Yacht Club's actual damages,
to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, Deer Isle Yacht
Club retains the right to seek the remedy of specific performance of
any term contained in these Terms, or a preliminary or permanent
injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination
thereof.
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