Terms of Use of The Website/s
NewportBeachYachtServices.net
Updated February 2021
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. IN CONSIDERATION FOR PROVIDING YOU ACCESS TO NEWPORTBEACHYACHTSERVICES.NET SERVICES AND WEB SITES, INCLUDING WEBSITES AVAILABLE ONLY TO NEWPORTBEACHYACHTSERVICES.NET MEMBERS (COLLECTIVELY, THE "Web sites"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS OF USE").
The Web sites are owned and operated by Newport Beach Yacht Services, LLC,("NewportBeachYachtServices.net"). Your use of the Web sites is governed by these Terms of Use. Please read the Terms of Use carefully.
NewportBeachYachtServices.net provides you with access to the Web sites in exchange for your agreement to comply with these Terms of Use. By visiting or using the Web sites, you agree to comply with and to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not visit or use the Web sites. If you are a registered member of NewportBeachYachtServices.net ("Member"), your use of the Web sites is also governed by the terms and conditions set forth in your NBYS Service Agreement ("Service Agreement") and the Member Policy found in the Members-Only area.
NewportBeachYachtServices.net reserves the right, in its sole discretion, to revise the Terms of Use at any time. You are responsible for regularly reviewing the Terms of Use on the Web sites to become familiar with any changes that may be made from time to time. By using the Web sites, you agree to be bound by any revisions of the Terms of Use made from time to time. If you do not wish to be bound by such revisions, please do not visit or use the Web sites.
NewportBeachYachtServices.net may in its sole discretion, without notice and at any time, terminate your access to and use of the Web sites or any portion thereof.
Ownership
No part of the Web sites may be reproduced, altered, modified, republished, copied, transmitted or distributed for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as otherwise permitted by these Terms of Use and the Service Agreement. Nothing contained in the Terms of Use or on the Web sites shall be construed as conferring any license or right, expressly, by implication, by estoppel (the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination) or otherwise, under any of NewportBeachYachtServices.net's intellectual property rights, or under any third party's intellectual property rights.
NewportBeachYachtServices.net will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, and will seek damages, injunctive relief, attorney's fees and criminal prosecution where appropriate.
Content
All right, title and interest in and to the content displayed on the Web sites, including without limitation the Web sites' look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements ("Content"), is the property of, or is used with permission by, NewportBeachYachtServices.net, and is protected by United States and other national and international copyright and trademark laws.
NewportBeachYachtServices.net cannot guarantee the accuracy or completeness of all the Content available on the Web sites. Therefore, your use of or reliance upon information on the Web sites is at your own risk and you are solely responsible for investigating the veracity, accuracy and completeness of such information. The Content on the Web sites is provided as a convenience to you and its presence on the Web sites does not imply in any way that NewportBeachYachtServices.net endorses such information.
Neither you nor your agents may copy, reproduce, modify, publish, transmit, display, create derivative works from, frame, scrape, create links to, interfere with, or distribute in any form, or by any means, any Content, including without limitation Member Materials (as defined herein), unless expressly permitted by these Terms of Use, the Service Agreement (as applicable), the Member Policy (as applicable) or expressly authorized in writing by NewportBeachYachtServices.net. Neither you nor your agents may use, modify, adapt, reverse engineer or in any way exploit any of the Content, including without limitation Member Materials, in whole or in part, except as expressly permitted by these Terms of Use.
Any unauthorized use or exploitation of the Web sites or the Content, including without limitation, Member Materials including factual summaries ("Line Listings"), may violate, among others, United States and other national and international copyright laws, trademark laws, patent laws, trespass laws, the laws of privacy and publicity, unfair competition laws, communications regulations and statutes, the Service Agreement and these Terms of Use and may subject you to civil and criminal penalties.
Bulk Copying, Scraping, Automated Form Submissions, Automated Listing Creations and other Unauthorized Uses
Use of unauthorized applications, programs, protocols, devices or tools on the Web sites can impose an unreasonable load on NewportBeachYachtServices.net's infrastructure, slowing or damaging Web sites features and interfering with NewportBeachYachtServices.net's and its Members' business.
Users of the Web sites, including without limitation Members and their agents, are prohibited from copying, accessing or distributing any Content, including boat listings and Member Materials, using any program, tool, application, protocol or device to make automated copies of any Content. You agree that neither you nor your agents will use any "robot," "spider," "rover," "scraper" or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Web sites, Content or any portion thereof unless expressly authorized in writing by NewportBeachYachtServices.net. You agree that neither you nor your agents will use any program, tool, application, protocol or device to perform automated entry of data into the Web sites, including without limitation, automation of HTTP SUBMIT into any HTML form on the Web sites, or to copy, scrape or remove Content, data, information or other material from the Web sites for any purpose, whether or not any of the Content, data, information or other material taken is used, redistributed, transmitted, publicly displayed, altered, reformatted or discarded. You agree that neither you nor your agents will use any device, software, protocol, tool, routine or process to damage, disable, impair, interfere with, or attempt to damage, disable, impair, or interfere with, the proper working of the Web sites, Content, or any activities conducted on the Web sites. You agree that neither you nor your agents will take any action that, in NewportBeachYachtServices.net's sole discretion, overburdens or imposes a disproportionately large load on NewportBeachYachtServices.net's infrastructure. Any unauthorized use of the Web sites or Content may be subject to prosecution, including, without limitation, termination of any use of the Web sites.
Limited License
Visitors are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, print, and distribute the Content on the Web sites provided that such use, in NewportBeachYachtServices.net's sole evaluation: (a) does not interfere with, damage or exploit NewportBeachYachtServices.net's business; (b) does not overburden or impose a disproportionately large load on NewportBeachYachtServices.net's infrastructure; (c) is not used in connection with or for the benefit of any commercial enterprise or competing business, including without limitation for profit and not-for-profit listing services; (d) does not constitute an unauthorized use or practice in violation of these Terms of Use, the Service Agreement (as applicable) or the Member Policy (as applicable); (e) does not remove, alter or obscure any copyright or trademark notice, name, mark, logo, URL, Content, or Member Materials, including without limitation company names, contact information, marks, logos or URLs, or frame any Content and (f) does not violate applicable laws or regulations. Any rights not expressly granted herein are reserved by NewportBeachYachtServices.net.
Other Restrictions on Use
Every visitor and Member of the Web sites agree that s/he will not use the Web sites or Content to:
Violate any local, state, national or international laws, rules or regulations;
Post, upload or transmit Content, Visitor Materials, Customer Materials, information, or material involving boats or other vessels located in any country or region that is the subject or target of U.S. or EU comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine) or that involve any individual or entity designated on any restricted party list administered under any Sanctions Laws or under any export control laws of the United States, EU, or any relevant EU Member State (“Export Control Laws”), including without limitation, the U.S. Department of the Treasury, Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List and the EU Consolidated List, or with any individual or entity that is in the aggregate, 50 percent or greater, owned or controlled by any such person, in each case, to the extent such dealings or transactions are in violation of Sanctions Laws or Export Control Laws. Any violative listing may be removed by NBYS;
Post, upload or transmit Visitor Materials or Member Materials that infringe upon or violate third party intellectual property rights, including without limitation trademark, copyright, patent and trade secret rights;
Post, upload or transmit Content, information or material that infringe the privacy or publicity rights of others;
Post, upload or transmit Content, information or material that you know or have reason to know to be false or misleading;
Post, upload or transmit to NewportBeachYachtServices.net or its affiliates false, incomplete, inaccurate or misleading user information;
Post, upload or transmit Content, information or material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libelous, defamatory, slanderous, vulgar, invasive of another's privacy, racially, ethnically or otherwise objectionable or embarrassing to a third party,
Post, upload or transmit Content, information or material which is protected by an agreement of confidentiality or which you do not have a right to post, upload or transmit under law or by contract;
Post, upload or transmit chain letters, junk mail, pyramid schemes, spam or other forms of advertisements or solicitations;
Impersonate another person, whether a third party or a NewportBeachYachtServices.net representative or moderator; or falsely state or otherwise misrepresent the Web sites' visitor's or Member's affiliation with a person or entity;
Engage in any conduct that limits any other person from using or enjoying the Web sites or Content;
Engage in screen scraping, database scraping or any other activity for the purpose of obtaining Content, data, boat listings or other information in violation of these Terms of Use, the Service Agreement (as applicable), the Member Policy (as applicable) or law;
Engage in any conduct that, in NewportBeachYachtServices.net's opinion, violates any law or exposes NewportBeachYachtServices.net or any of its affiliates, customers or suppliers to any liability or detriment of any type;
Alter, delete, interfere with or otherwise damage any portion of the Web sites;
Benefit a competitor of NewportBeachYachtServices.net, NewportBeachYachtServices.net, or any of their respective affiliates;
Engage in, or use in connection with, any commercial enterprise, unless otherwise expressly authorized herein;
Transmit or otherwise make available any Content that you do not have the right to transmit or otherwise make available under law, contract or fiduciary relationships;
Transmit any Content that contains any virus, Trojan horse or other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web sites or any servers or networks connected to the Web sites;
Transmit any Content that contains any worm, trap door or back door that would allow unauthorized access to the Web sites, any NewportBeachYachtServices.net software, hardware, computing environment or network or could erase data or programming.
Any use of the Web sites or conduct that violates these terms may result in prosecution, including without limitation to the immediate disabling by NewportBeachYachtServices.net of your access to the Web sites.
Confidentiality
Your confidential use of the Web sites cannot be guaranteed by NewportBeachYachtServices.net. NewportBeachYachtServices.net discourages you from sending or posting any information that you consider to be confidential or proprietary through the Web sites and NewportBeachYachtServices.net is not responsible for any harm that you or any person may cause or incur as a result of a breach of confidentiality with respect to your use of the Web sites. Unless otherwise specified in our privacy statement, NewportBeachYachtServices.net has no obligation to keep as confidential any information or material you send us. By sending NewportBeachYachtServices.net information or material, you grant NewportBeachYachtServices.net an unrestricted, perpetual, irrevocable non-exclusive license to use, reproduce, display, perform, modify, create derivative works, transmit and distribute those materials or information, and you also agree that NewportBeachYachtServices.net is free to use any ideas, concepts, know-how or techniques that you send NewportBeachYachtServices.net for any purpose. Please see our Privacy Statement for additional information about our collection, use and disclosure of consumers' nonpublic personal information.
No Representations or Warranties
Your use of or reliance upon any Content, including Member Materials, Visitor Materials and other information made available on the Web sites, is at your sole risk. The Web sites may include inaccuracies, outdated information, defects, omissions and/or other errors. NEWPORTBEACHYACHTSERVICES.NET DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SUFFICIENCY, COMPLETENESS, CORRECTNESS, VERACITY, OR VALUE OF THE WEB SITES, CONTENT, MEMBER MATERIALS, VISITOR MATERIALS OR OTHER INFORMATION MADE AVAILABLE ON THE WEB SITES. NewportBeachYachtServices.net reserves the right to modify the information displayed on the Web sites but assumes no obligation to modify or update such information. Any Content or other material downloaded or otherwise obtained through the use of the Web sites is done at your discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. ALL CONTENT AND MATERIALS ON THE WEB SITES, INCLUDING WITHOUT LIMITATION, MEMBER MATERIALS, VISITOR MATERIALS, INFORMATION, DATA, TEXT, PHOTOGRAPHS, DOCUMENTS AND GRAPHICS, IS PROVIDED "AS IS" AND SUBJECT TO ALL FAULTS. NEWPORTBEACHYACHTSERVICES.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS AND/OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND).
Users of the Web sites should not rely upon opinions expressed at the Web sites when making business, financial, personal or any other decisions.
Limitation of Liability
IN NO EVENT WILL NEWPORTBEACHYACHTSERVICES.NET, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE UPON THE WEB SITES, OR USE OF OR RELIANCE UPON ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF NEWPORTBEACHYACHTSERVICES.NET HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON INFORMATION PROCESSING SYSTEM. NEWPORTBEACHYACHTSERVICES.NET EXPRESSLY DISCLAIMS ANY LIABILITY UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR ANY OTHER AREA OF LAW, ARISING OUT OF THE USE OR AVAILABILITY OF THIRD-PARTY INFORMATION OR INTELLECTUAL PROPERTY, MEMBER MATERIALS, VISITOR MATERIALS, OR STATEMENTS OR OPINIONS POSTED ON THE WEB SITES.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NEWPORTBEACHYACHTSERVICES.NET, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND LIABILITY, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF: ANY INFORMATION POSTED, UPLOADED, TRANSMITTED OR OTHERWISE PROVIDED BY YOU TO THE WEB SITES, NEWPORTBEACHYACHTSERVICES.NET, AND/OR ITS AFFILIATES; ANY AND ALL CLAIMS, LIABILITIES, AND OBLIGATIONS CLAIMED BY ANY THIRD PARTY OR PARTIES AGAINST NEWPORTBEACHYACHTSERVICES.NET ARISING OUT OF YOUR USE OF THE WEB SITES OR CONTENT, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF ANY DECISIONS OR TRANSACTIONS MADE PURSUANT TO THE WEB SITES OR CONTENT; AND ANY AND ALL CLAIMS, LIABILITIES, OR OBLIGATIONS RESULTING FROM YOUR OR ANY THIR PARTY'S MISREPRESENTATIONS, NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF WARRANTY OR NON-PERFORMANCE OF ANY OF THE COVENANTS OR OBLIGATIONS UNDER THIS AGREEMENT OR FROM ANY MISREPRESENTATIONS OR OMISSIONS MADE BY YOU TO NEWPORTBEACHYACHTSERVICES.NET OR ANY THIRD PARTY.
Trademarks
The names, trademarks, service marks, trade names, trade dress, domain names and logos ("Trademarks") displayed on the Web sites are Trademarks of Newport Beach Yacht Services, LLC, or their respective owners. You may not use any of the Trademarks without obtaining the express prior written authorization of NewportBeachYachtServices.net or the respective owners.
Links
The Web sites may from time to time provide links to other web sites that are completely independent of the Web sites. NewportBeachYachtServices.net makes no representation or warranty as to the content, ownership or legality of any such linked web sites. In no event should any link to another web site be construed as an endorsement by NewportBeachYachtServices.net of that web site, the products or services described thereon, or the veracity of content contained on that site. Site visitors and Members should also be aware that such linked web sites might have privacy statements and/or terms of use that differ from those of NewportBeachYachtServices.net.
Additional Legal Matters - Applies to North America and South America Users Only
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Use shall be subject to the exclusive jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Virginia and the venue for such disputes shall rest solely in Miami, Florida, USA. The Terms of Use (and also the Service Agreement and Member Policies, in the case of Members) constitute the entire agreement with respect to your access to and use of the Web sites. Any provision of the Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Additional Legal Matters - Applies to Users from outside North America and South America Only
These Terms of Use shall be governed by and construed in accordance with the laws of England. Any disputes or controversies arising out of the terms shall be subject to the jurisdiction of the English courts. The Terms of Use, the Privacy Statement (and, for Members, the Members Service Agreement and the Member Policy) constitute the entire agreement with respect to your access to and use of the Web sites. Any provision of the Terms of Use that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Notification of Claims of Infringement
NBYS and its parent company Newport Beach Yacht Services, LLC, respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Newport Beach Yacht Services, LLC, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
* A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact info@nbysmail.com
Privacy
Our privacy policy is described in the Privacy Statement. We encourage you to review the Privacy Statement to learn about NewportBeachYachtServices.net's information collection practices.
Contact Us
If you have any questions with respect to the contents of this document, please immediately navigate away from this website or contact us at info@nbysmail.com
Thank you for your attention.
Updated February 2021