Yacht Channel | Terms of Use

Terms & Policies|Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE VIEWING AND USING YACHTCHANNEL.COM. These terms of use govern the relationship between Yacht Channel and you, our valued audience, with respect to your viewing and use of YachtChannel.com (these “Terms of Use”). Any rights not expressly granted herein are reserved. By viewing and using YachtChannel.com, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not view YachtChannel.com.

Yacht Channel reserves the right to change the terms and conditions of these Terms of Use, change YachtChannel.com, including eliminating or discontinuing any content on or features. Your continued viewing and use of the Site will be deemed acceptance of such changes and you agree to otherwise comply with the terms and conditions of these Terms of Use. Be sure to return to this section periodically to ensure familiarity with the most current version of these Terms of Use. Upon our request, you agree to sign a non-electronic version of these Terms of Use.

1. Viewing Materials. The entertainment and infotainment provided through YachtChannel.com, including broadband television shows. SeaScape digital media articles, site, navigation, data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the “Viewing Materials”), are intended to entertain, educate and inform you about Yacht Channel and about destinations, events, products, news and information related to the world of yachting. You may only download the Viewing Materials shown on YachtChannel.com, or use the downloaded Viewing Materials solely for your personal, non-commercial use. The Viewing Materials remain the property of Yacht Channel or its licensors or suppliers. Yacht Channel cannot guarantee that technical difficulties will not occur during the download of the Viewing Materials or that the Viewing Materials will download successfully. You may not engage in the unauthorized use, copying, or distribution of any of the Viewing Materials. If you download or print a copy of the Viewing Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Viewing Materials in any way for any public or commercial purpose without the express written consent of the Yacht Channel.

2. Code of Conduct. In connection with Submissions (as defined below) and your use of YachtChannel.com, you agree that you will not (collectively, the “Codes of Conduct”):

Restrict or inhibit any other viewers from using YachtChannel.com, including, without limitation, by means of “hacking” or defacing any portion of YachtChannel.com;
Use YachtChannel.com or Viewing Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by YachtChannel.com, without our prior written consent;
Make a Submission or otherwise transmit material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of YachtChannel.com;
Remove any copyright, trademark or other proprietary rights notices contained within YachtChannel.com;
“Frame” or “mirror” any part of YachtChannel.com without our prior written authorization;
Link to any page of or content on YachtChannel.com other than the URL located at http://www.yachtchannel.com;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of YachtChannel.com or its contents;
Harvest or collect information about Yacht Channel audience or Members;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Request more than 1,000 pages of YachtChannel.com in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

While using YachtChannel.com and the Viewing Materials, you agree to comply with all applicable laws, rules and regulations.

3. Information Provided by Yacht Channel. Although Yacht Channel strives to provide Viewing Materials that are entertaining, useful and accurate, the nature of the data and other information contained on YachtChannel.com is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Yacht Channel endeavors to use reasonable care in assembling the Viewing Materials, the Viewing Materials may not be up-to-date, accurate or complete.

In addition, portions of the Viewing Materials have been contributed to YachtChannel.com by various entities and service providers. The inclusion of such information does not indicate approval thereof, and Yacht Channel expressly disclaims any liability with respect to the foregoing.

4. Submissions and Postings. Please note that, because you may have the ability to provide or post text, photographs, video or other media content to the Seascape Segment which we would redistribute, we require certain rights in those materials. Accordingly, by sending or transmitting to Yacht Channel creative suggestions, ideas, notes, concepts, information, photographs, video or other materials (collectively, “Submissions”), or by posting such Submissions to any area of YachtChannel.com, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on YachtChannel.com, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Yacht Channel’s sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

You further acknowledge that Yacht Channel is under no obligation to post, display or otherwise use any Submission. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Yacht Channel or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”

Yacht Channel does not endorse any Submission or any opinion, recommendation or advice expressed therein, and Yacht Channel expressly disclaims any and all liability in connection with Submissions. The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of Yacht Channel. If notified by a user of a Submission that allegedly does not conform to these Terms of Use, Yacht Channel may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.

You understand that when using YachtChannel.com, you will be exposed to Submissions from a variety of sources, and that Yacht Channel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Yacht Channel with respect thereto, and agree to indemnify and hold Yacht Channel, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of YachtChannel.com.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and each Submission; to alter or remove any Submission at any time; to disclose any Submission and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate YachtChannel.com properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.

Subject to the rights and licenses you grant to Yacht Channel under these Terms of Use, you retain all rights to the ownership and use of your Submissions. By submitting a Submission you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii) you have obtained your parent’s or legal guardian’s express consent to submit the Submission and to grant the licenses provided hereunder.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to Yacht Channel under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by YachtChannnel.com and these Terms of Use.

5. Links. YachtChannel.com contains links to Internet web sites, including affiliated web sites which are not owned or operated by Yacht Channel. Yacht Channel has no control over non-owned web sites. Yacht Channel is not responsible for the content of such non-owned web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Yacht Channel offers such links does not indicate any approval or endorsement of any material contained on any linked site. Yacht Channel encourages you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from YachtChannel.com or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

6. Ownership and Restrictions on Use. YachtChannel.com is owned and operated by Yacht Channel in conjunction with others pursuant to contractual arrangements, and the Viewing Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Yacht Channel and its licensors and suppliers. The entire contents of the Yacht Channel web site, including the text, graphics, images, logos, button icons, HTML code, and other material is owned exclusively and copyrighted and protected by the Yacht Channel under the Berne Convention for the Protection of Literature and Artistic works, under other international conventions and under national laws on copyright and neighboring rights. You may not copy, reproduce, republish, upload, post, transmit or distribute Viewing Materials or other content or information available on or through YachtChannel.com in any way without our prior written permission. The Viewing Materials may be used solely to the extent necessary for your authorized use of YachtChannel.com, as provided in these Terms of Use or as expressly authorized in writing by Yacht Channel or, if so indicated in writing by Yacht Channel, its licensors or suppliers. Modification of the Viewing Materials or use of the Viewing Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using YachtChannel.com or the Viewing Materials. Viewers and YC Community Members agree not to remove or obscure copyright notices appearing on YachtChannel.com.

7. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

8. Jurisdictional Issues. Yacht Channel makes no representation that Viewing Materials available on YachtChannel.com are appropriate for viewing in every location around the world. Those who choose to access YachtChannel.com are responsible for compliance with local laws, if and to the extent local laws are applicable.

Yacht Channel reserves the right to limit the availability of YachtChannel.com and/or the provision of any service, program to any person, geographic area or jurisdiction, at any time and in Yacht Channel’s sole discretion.

9. Termination. Yacht Channel reserves the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use by either party, your right to use YachtChannel.com shall immediately cease, and you shall destroy all Viewing Materials obtained from YachtChannel.com and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

10. Disclaimers. YACHTCHANNEL.COM, THE VIEWING MATERIALS ON YACHTCHANNEL.COM, ANY PRODUCT OR SERVICE OBTAINED THROUGH YACHTCHANNEL.COM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YACHT CHANNEL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. YACHT CHANNEL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH YACHTCHANNEL.COM IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE YACHTCHANNEL.COM, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF YACHTCHANNEL.COM AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF YACHT CHANNEL OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON YACHTCHANNEL.COM OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YACHT CHANNEL SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO YACHTCHANNEL.COM TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF YACHTCHANNEL.COM, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF YACHT CHANNEL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM YACHTCHANNEL.COM, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA YACHTCHANNEL.COM. YACHT CHANNEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH YACHTCHANNEL.COM OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YACHT CHANNEL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF YACHTCHANNEL.COM AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that YachtChannel.com, Viewing Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to YachtChannel.com, Viewing Materials or Forums. Although we attempt to ensure the integrity of YachtChannel.com, we make no guarantees as to YachtChannel.com’s completeness or correctness. In the event that a situation arises in which YachtChannel.com’s completeness or correctness is in question, please contact us at YCQuality@YachtChannel.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on YachtChannel.com, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright & Infringement.”

11. Limitation of Liability. NEITHER YACHT CHANNEL NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO YACHTCHANNEL.COM AND/OR VIEWING MATERIALS CONTAINED ON YACHTCHANNEL.COM, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YACHTCHANNEL.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH YACHTCHANNEL.COM OR MATERIALS OR ANY LINKED SITE IS TO STOP USING YACHTCHANNEL.COM, VIEWING MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YACHT CHANNEL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS YACHTCHANNEL.COM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification. You agree to indemnify, defend and hold Yacht Channel, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to YachtChannel.com infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with YachtChannel.com.

13. Questions. If you have any questions, comments or complaints regarding these Terms of Use or YachtChannel.com, please contact us at YCQuality@YachtChannel.com.

14. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Orange County, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Yacht Channel relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Yacht Channel with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with Yacht Channel’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.