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1. Trademark & Copyright Information. The Viewing Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The trademarks, service marks, logos, trade names, trade dress and other indicia displayed on YachtChannel.com (collectively, the “Trademarks”) are the registered and unregistered trademarks of Yacht Channel, and Yacht Channel’s licensors and suppliers. The Trademarks owned by Yacht Channel, whether registered or unregistered, may not be used in connection with any product or service that is not Yacht Channel’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Yacht Channel. Nothing contained on YachtChannel.com should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Yacht Channel or the third party owner of any such Trademarks. Any unauthorized use of any Trademarks, or any use of a mark that is confusingly similar to, or likely to cause confusion with, a Trademark, would constitute infringement of Yacht Channel’s or Yacht Channel’s licensors and suppliers exclusive trademark rights. Use of Yacht Channel’s Trademarks within other companies’ product names, service names, company/trade names, DBA’s, domain names or other indicia is strictly prohibited. Yacht Channel will aggressively enforce its intellectual property rights in the Trademarks, including via civil and criminal proceedings. You may make purely referential use of the Trademarks as described herein, but you should consult your own legal counsel on what does or does not constitute proper referential or nominative fair use of another company’s marks, and what may constitute an unauthorized or infringing use. Where possible and practicable, Yacht Channel requests that those who make reference to Yacht Channel's products with their associated Trademarks also provide a short ownership attribution statement somewhere within those materials. Any attribution should be worded generally as shown in the following example: “Yacht Channel trademarks and service marks are registered internationally.” Where an unregistered Mark is referenced, a sentence may be used which simply states that the mark is a “trademark and/or service mark of Yacht Channel”, and which omits the registration portion of the statement. 2. 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. 3. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Yacht Channel infringe your copyright (for example, materials posted by Yacht Channel on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on YachtChannel.com are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Yacht Channel to locate the material on YachtChannel.com; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Yacht Channel against you, the DMCA permits you to send Yacht Channel a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to YachtChannel.com should be sent to legal@YachtChannel.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
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