INTRODUCTION
/ ACCEPTANCE OF TERMS
Boathook.com ("Boathook", "we", or "us")
offers you a wide variety of online products and services, including
general and personalised content, communication tools and forums,
and online applications (the "Service") on the following
terms. Your use of this website and/or your acceptance without modification
of the terms, conditions, and notices contained herein constitutes
your agreement to all such terms, conditions and notices. If you do
not agree with these terms and conditions then you are not authorised
to use this Service.
YOUR
RESPONSIBILITY FOR CONTENT & CONDUCT
You are responsible for any content that you post or transmit on or
through the Service. You will not use the Service to distribute, link
to, or solicit content that:
• is unlawful, harmful to minors, threatening, harassing, abusive,
defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous,
invasive of another's privacy, or racially, ethnically or otherwise
offensive;
• includes personally identifiable information about children;
• infringes someone else's intellectual property or other rights;
• advocates or solicits violence or other criminal conduct;
• violates any law, regulation, or contract;
• promotes participation in multi-level or pyramid marketing initiatives;
• constitutes a raffle, sweepstakes, lottery, or any other form of
gambling;
• specifically advertises firearms or ammunition, tobacco, alcohol,
pornography, or any other product or service that is illegal in the
United Kingdom or the domicile of either the distributor or recipient;
• constitutes unsolicited or unauthorized advertising, junk or bulk
e-mail, chain letters, or any other unsolicited commercial communication,
except as boathook.com specifically authorises;
• contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or telecommunications equipment.
You
will comply with all applicable laws and regulations regarding online
conduct and content. You will not use the Service to collect, store,
or use information about others for the purpose of sending unsolicited
or unauthorized communications. Except as we specifically authorize
(via license or otherwise), you will not reproduce, distribute, or
commercially exploit any part of the Service.
PRIVACY
POLICY
We take your privacy seriously. Please view our comprehensive privacy
policy. When you enter into transactions with or provide information
to other companies providing content to the Service, you will be subject
to their privacy policies.
If at any time you believe that Boathook.com has not adhered to these
principles, please notify us by e-mail to the webmaster, and we will
use all commercially reasonable efforts to determine and correct the
problem promptly.
LICENSE
AND USE OF YOUR CONTENT
If you post content in areas available to the general public, you
are giving us the world-wide, royalty-free, perpetual, irrevocable,
sub-licenseable, and non-exclusive license to use, reproduce, transmit,
modify, adapt, frame, brand, co-brand, and publish such content in
any media now known or later developed, including the right to make
the content available to the general public . If you submit summary
files or other materials to the Service, you license us to display,
distribute, frame, and link to that content via or other parts of
the Service, and warrant that you have all rights necessary to authorize
the distribution and re-distribution of that content. You will provide
information that we reasonably request related to any claim that your
content infringes the rights of a third party.
We
may edit, move, or delete any content on the Service (including content
or communications that you have provided) for any reason, and may
preserve and disclose content or user information if required to do
so by law or in the good faith belief that doing so is necessary to:
(a) comply with legal process
(b) enforce these terms
(c) respond to claims that any content violates the rights of third
parties
(d) protect the rights, property, or personal safety of Netscape,
its users, or the public, or
(e) administer the Service.
OBJECTIONABLE
CONTENT
The opinions and views expressed by other users of the Service or
content providers do not necessarily reflect those of Boathook.com.
You waive any claim resulting from your exposure to material on the
Service that is offensive, indecent, or otherwise objectionable.
DEALINGS
WITH ADVERTISERS
A number of other companies supply content to the Service and may
make offers available to you. You deal with and enter into transactions
with advertisers on or suppliers of content to the Service at your
own risk and therefore we are not a party to any such transactions
and are not liable for any claims or damages that may result from
them.
COPYRIGHT
AND TRADEMARK NOTICES:
The Boathook.com logo is used under licence from Boaternet.
Other product and company names mentioned herein may be the trademarks
of their respective owners.
All contents of this Web site are: Copyright © Boaternet 2002,
2003.
No part of the site may be reproduced in any form other than temporarily
in the course of using the Boathook.com service or to keep a record
of a transaction entered into using the Boathook.com service.
LEGAL IDENTITY
Boathook.com is the registered Trade Mark of Boaternet, whose offices
are at Oyster Cottage, Green Lane, Hamble, Southampton, SO31 4JB,
UK.
LIABILITY DISCLAIMER
BOATHOOK.COM USES REASONABLE ENDEAVOURS TO CHECK THE ACCURACY OF INFORMATION
PUBLISHED ON THIS WEB SITE. YOU SHOULD NOTE HOWEVER THAT BOATHOOK.COM
DOES NOT WARRANT THAT SUCH INFORMATION WILL BE ERROR FREE AND THE
USER ACKNOWLEDGES THAT THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED
ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOATHOOK.COM
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THIS SERVICE AT ANY TIME.
BOATHOOK.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEBSITE FOR ANY PURPOSE. BOATHOOK.COM SHALL USE REASONABLE
CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB
SITE. BOATHOOK.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND
CONDITIONS, BY STATUTE, COLLATERALLY OR OTHERWISE, OF SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL BOATHOOK.COM AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH
THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BOATHOOK.COM OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT
IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY, FOR WHICH NO
LIMIT APPLIES, THE LIABILITY OF BOATHOOK.COM AND/OR ITS RESPECTIVE
SUPPLIERS FOR LOSS ARISING OUT OF THE USE OF THIS SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES
FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Service, you warrant to Boathook.com
that you will not use this Service for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Service may contain hyperlinks to websites operated by parties
other than Boathook.com. Such hyperlinks are provided for your reference
only. Boathook.com does not control such websites and is not responsible
for their contents. Boathook.com's inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such websites
or any association with their operators.
LINKS
TO THE SERVICE
If you wish to link from your website to Boathook.com, please visit
www.boathook.com/link_to_us.html.
You are granted a limited, non-exclusive license to create a hypertext
link to other parts of the Service, provided that the link does not
portray the Service, Boaternet, or Boaternet's affiliates in a false,
misleading, or defamatory way. We may revoke this license at any time.
You will not frame any aspect of the Service or any Boaternet content
or trademark.
MODIFICATION OF THESE TERMS AND CONDITIONS
Boathook.com reserves the right to change the terms, conditions, and
notices under which this Service is offered. This right shall not
effect the existing terms and conditions accepted by you upon making
a legitimate purchase using this Service.
GENERAL
This agreement is governed by the laws of England. You hereby consent
to the exclusive jurisdiction of the English courts in all disputes
arising out of or relating to the use of this Service. Use of this
Service is unauthorised in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Boathook.com as a result of this
agreement or use of this Service.
Boathook.com's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is
in derogation of Boathook.com's right to comply with law enforcement
requests or requirements relating to your use of this Service or information
provided to or gathered by Boathook.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer
and Boathook.com with respect to this Service and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral, or written, between the customer and Boathook.com with respect
to this Service. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.