Terms of Service MARITIME YACHT CREW
1. Terms of Acceptance
We welcome you to MARITIME YACHT CREW. MARITIME YACHT CREW will provide its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms and conditions at any time by selecting the link Terms of Service at the Homepage. In certain MARITIME YACHT CREW services, you and MARITIME YACHT CREW shall be subject to any posted guidelines or rules applicable to the services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. Overview of Service
Maritime Yacht Crew currently provides the service of storing and presenting data to its registered members. Simply Maritime Yacht Crew stores and presents data to its registered members as well as managing a free Job Search to members and non-members alike. You must understand and agree that the Service may include advertisements and that these advertisements are necessary for Maritime Yacht Crew to provide the Service. You also understand and agree that the service may include certain communications from Maritime Yacht Crew, such as service announcements and administrative, and that these communications are considered part of Maritime Yacht Crew membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current service, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Maritime Yacht Crew assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization details.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges), which you are responsible for. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Responsible use of our website
You understand that all information, data, text, photographs, graphics, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Maritime Yacht Crew, are entirely responsible for all Content that you upload, post, email, transmits or otherwise make available via the Service. Maritime Yacht Crew does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, You may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Maritime Yacht Crew be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
General Rules: Users may not use the Maritime yacht crew Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (1) in violation of any applicable law or regulation, (2) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive or hateful.
The Maritime yacht crew Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
You agree to not use the Service to:
1. Post any incomplete, false or inaccurate biographical information or information which is not your own accurate CV/resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
2. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. Use the Maritime yacht crew CV/Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the CV/Resume Database to sell or promote any products or services
4. Harm minors in any way;
5. Impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Delete or revise any material posted by any other person or entity.
7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
8. Disclose or share your password with any third parties or use your password for any unauthorized purpose. If you have a password allowing access to a non public area of this Website.
9. Upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
10. Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Maritime yacht crew Site
11. Upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
12. Upload, post or otherwise make available any material 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;
13. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
14. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
15. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
16. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through to 21.
17. Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
18. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Maritime yacht crew site or any activity being conducted on this site.
19. Taking any action which imposes an unreasonable or disproportionately large load on the Maritime yacht crew Site's infrastructure.
20. Not withstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Maritime yacht crew site other than the search engine and search agents available from the Company on such Maritime yacht crew site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
21. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Maritime yacht crew site.
22. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Maritime yacht crew site
23. Framing of or linking to any of the Web Site Content or information available from the Maritime yacht crew site.
You acknowledge that Maritime Yacht Crew does not pre-screen Content, but that Maritime Yacht Crew and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Maritime Yacht Crew and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content presented by Maritime Yacht Crew, including without limitation information in Maritime Yacht Crew Message Boards.
You acknowledge and agree that Maritime Yacht Crew may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Service; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Maritime Yacht Crew, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Warranties disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
MARITIME YACHT CREW MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOU EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANT THAT THE MARITIME YACHT CREW SITE WILL OPERATE ERROR-FREE OR THAT THE MARITIME YACHT CREW SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM USED OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOUR USE OF THE MARITIME YACHT CREW SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARITIME YACHT CREW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
5. Information given or submitted for inclusion
Maritime yacht crew does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Maritime yacht crew the following world-wide, royalty free and non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Maritime yacht crew the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Maritime yacht crew to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Maritime yacht crew removes such Content from the Service.
2 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Maritime yacht crew removes such Content from the Service.
3 With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of Maritime yacht crew that are intended by Maritime yacht crew to be available to the general public. By way of example, publicly accessible areas of the Service would include Maritime yacht crew Message Boards.
6. Liability limitations
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE MARITIME YACHT CREW SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE MARITIME YACHT CREW SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, subsidiaries, affiliates, agents, co-branders and/or other partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any third party due to or arising out of any Content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of the Terms and Conditions, or Your violation of any rights of another.
Maritime Yacht Crew may provide you with notices, including those regarding changes to the Terms of service, by email, regular mail, or postings on the Service.
9. Member account, password and security
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify MARITIME YACHT CREW of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. MARITIME YACHT CREW cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
10. General practices for use and storage of data
You acknowledge that Maritime Yacht Crew may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that registered data, messages, message board postings or other uploaded Content will be retained by the Service. You agree that Maritime Yacht Crew has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Maritime Yacht Crew reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Maritime Yacht Crew reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. General information
The Terms and Conditions constitute the entire agreement between you and Maritime Yacht Crew and govern your use of the Service, superseding any prior agreements between You and Maritime Yacht Crew.
The Terms of Service and the relationship between you and Maritime Yacht Crew, shall be governed by the laws of Spain without regards to its conflict of law provisions. You and Maritime Yacht Crew agree to submit to the personal and exclusive jurisdiction of the courts located in Spain. The failure of Maritime Yacht Crew to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions 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 and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. Transactions with employees or employers
Your correspondence or business dealings with, employers/employees found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such employers/employees. You agree that Maritime Yacht Crew shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with employers/employees on the Service.
13. Transactions with advertisers
All your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service by you, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Maritime Yacht Crew shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Special admonitions for international
In recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from Spain or from the country in which you reside or are currently located.
15. Refund policy
Refunds will not be granted under the following circumstances:
1. A refund will not be granted when an employer's registration has been deleted due to a breach of the Terms of Service.
2. A refund will not be granted if a registered employer decides to terminate registration prematurely.
3. A refund will not be granted if a registered employer feels dissatisfied with the service as laid down in the Terms of Service.
Refunds will be granted only under the following circumstances.
1. If an employer's registration has been deleted for no reason or by accident, he may either have his registration re-established or receive a refund. In either case the refund shall be proportional to the remainder of the registration period.
If the service to the employer, as laid down in the Terms of Service, is non-functioning for more than 14 days in any one period then the registered employer shall notify Maritime Yacht Crew of this failure by E-mail (email@example.com). If after 7 days from receipt of the E-mail by Maritime Yacht Crew the service has not been re-established then a refund will be granted proportional to the remainder of the registration period.
To claim a refund contact Maritime Yacht Crew by E-mail (firstname.lastname@example.org). This E-mail must state your reason for claiming a refund.
Any refund will be paid within a one-month period after Maritime Yacht Crew has confirmed by E-mail that a refund is valid.
Refunds will only be paid as money transfers in Euro. Maritime Yacht Crew will not be responsible for any transfer charges or currency conversion charges relating to this transfer.
16. Property rights
The Company authorizes you to view and access a single copy of the content available on or from www.maritime-crew.com (the "Web Site") solely for your personal, noncommercial use. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Maritime Yacht Crew grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Maritime Yacht Crew for use in accessing the Service.
Please email us, to report any violations of the Terms of service to email@example.com
18. Copyrights and copyright agents.
Maritime Yacht Crew respects the intellectual property of others, and we ask our users to do the same. 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 provide Maritime Yacht Crew the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that You claim has been Infringed;
3. a description of where the material that You claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. 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;
6. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Maritime Yacht Crew
19. Registration, password and security
In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information about your-self as prompted by the Service's registration form, read Registration Information.
2. Maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or MARITIME YACHT CREW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MARITIME YACHT CREW has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
20. No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree not to resell or assign your rights or obligations under these Terms of Service
21. Service modifications
Maritime Yacht Crew reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Maritime Yacht Crew shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
By accepting the Term of service, you agree that MARITIME YACHT CREW may, under certain circumstances and without prior notice, immediately terminate your membership account and access to the Service. Cause for such termination shall include, but not be limited to;
1. breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines.
2. requests by law enforcement or other government agencies
3. the Company's inability to verify or authenticate any information You submit to the Web Site or other MARITIME YACHT CREW registration.
4. a request by You (self-initiated account deletions).
5. discontinuance or material modification to the Service (or any part thereof).
6. unexpected technical issues or problems
7. extended periods of inactivity.
Termination of Your membership account includes;
1 removal of access to the Service
2 deletion of Your password and all related information, files and content associated with or inside Your account (or any part thereof)
3 barring further use of the Service.
Further, You agree that all terminations for cause shall be made in Maritime Yacht Crew 's sole discretion and that Maritime Yacht Crew shall not be liable to you or any third-party for any termination of your account.
Worldwide websites or recourses may be provided by the service or by third parties links. Because Maritime Yacht Crew has no control over such sites and resources, You acknowledge and agree that Maritime Yacht Crew is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Maritime Yacht Crew shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Maritime Yacht Crew, the Maritime Yacht Crew logo, trademarks, and service marks, are trademarks of Maritime Yacht Crew. Without Maritime Yacht Crew 's prior permission, you agree not to display or use in any manner, the Maritime Yacht Crew Marks.